1. INTRODUCTION. In this Service Agreement ("Agreement"), "you" and "your" refer to
each customer ("Customer") and "we", "us" and "our" refer to DomainRegister.com a Franklin Communications Services' website.
("DomainRegister.com"). This Agreement explains our obligations to you, and your
obligations to us in relation to your use of our services. By selecting DomainRegister.com's
service(s) you have agreed to establish an account with us for such services. When you
use your account or permit someone else to use your account to purchase or otherwise
acquire access to additional DomainRegister.com's service(s) or to modify or cancel your
DomainRegister.com's service(s) (even if we were not notified of such authorization), this
Agreement covers any such service or actions. Any acceptance of your application(s)
for our services and the performance of our services will occur at our offices in Phoenixville, PA, the location of our principal place of business.
2. SECURITY. When you register a domain name with us through our e-mail application
process, you will be assigned Mail From security to protect your domain
name registration records (including your contact records and host records) from
unauthorized changes. You may upgrade that security at a later time. Please review the Registrar's Web
site at http://www.networksolutions.com/en_US/help/guardian.jhtml for an explanation of
each security option and select the option that best serves your requirements.
3. VARIOUS SERVICES. Paragraphs 1 through 25 are applicable to any and all of the
services you have chosen. The terms and conditions set forth in paragraphs A through
G at the end of this Agreement apply only to customers who have selected the DomainRegister.com services referenced in those paragraphs.
4. FEES, PAYMENT AND TERM OF SERVICE. As consideration for the services you
have selected, you agree to pay DomainRegister.com the applicable service(s) fees set
forth on our Web site at the time of your selection. All fees are due immediately and are
non-refundable. DomainRegister.com may take all remedies available to collect fees owed.
Any renewal of your services with us is subject
to our then current terms and conditions and payment of all applicable service fees at
the time of renewal and in the case of domain name reregistration, the domain name
registry's acceptance of your domain name registration. You agree that you may not
transfer your domain name registration to another domain name registrar during the first
sixty (60) days from the effective date of your initial domain name registration with us.
The Registrar will provide you notice prior to the renewal of your services at least fifteen (15) days
in advance of the renewal date. You
are solely responsible for the credit card information you provide to DomainRegister.com.
In addition, you are solely responsible for ensuring
the services are renewed. DomainRegister.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.
5. ACCURATE INFORMATION. As further consideration for the DomainRegister.com
service(s), you agree to: (1) provide certain true, current, complete and accurate
information about you as required by the application process; and (2) maintain and
update this information as needed to keep it current, complete and accurate. We rely on
this information to send you important information and notices regarding your account
and our services. Our privacy statement, located on our Web site at
http://www.DomainRegister.com/privacy_policy.html and incorporated
herein by reference sets forth your and our rights and responsibilities with regard to your
personal information. You agree that we, in our sole discretion, may modify our privacy
statement. We will post such revised statement on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by using our services after
modifications to the privacy statement 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. We will not process the personal data that we collect from you
in a way incompatible with the purposes and other limitations described in our privacy
statement and we will take reasonable precautions to protect your personal data from
loss, misuse and unauthorized access, disclosure, alteration or destruction. You
represent and warrant that you have provided notice to, and obtained consent from, any
third party individuals whose personal data you supply to us as part of our services with
regard to: (i) the purposes for which such third party's personal data has been collected,
(ii) the intended recipients or categories of recipients of the third party's personal data,
(iii) which parts of the third party's data are obligatory and which parts, if any, are
voluntary; and (iv) how the third party can access and, if necessary, rectify the data held
about them. You further agree to provide such notice and obtain such consent with
regard to any third party personal data you supply to us in the future. We are not
responsible for any consequences resulting from your failure to provide notice or receive
consent from such individuals nor for your providing outdated, incomplete or inaccurate
information. Even if you license the use of our domain name registration services to a
third party, you remain responsible for complying with all terms and conditions of this
Agreement, and you accept liability for harm caused by such licensee's wrongful use of
our domain name registration services, unless you promptly disclose the identity of
such license upon request by any person who provides reasonable evidence of
actionable harm. Subject to the requirements of our privacy statement, in order for us to
comply the current rules and policies for the domain name system, you hereby grant to
DomainRegister.com the right to disclose to third parties through an interactive publicly
accessible registration database the following mandatory information that you are
required to provide when registering or reserving a domain name: (i) the domain name(s)
registered by you; (ii) your name and postal address; (iii) the name(s), postal
address(es), e-mail address(es), voice telephone number and where available the fax
number(s) of the technical and administrative contacts for your domain name(s); (iv)when applicable the
Internet protocol numbers of the primary nameserver and secondary nameserver(s) for
such domain name(s); (v) when applicable the corresponding names of those nameservers; (vi) the
original creation date of the registration; and (vii) the expiration date of the registration.
The Registrat, Network Solutions Inc., as are all accredited domain name registrars, are also required to make this
information available in bulk form to third parties who agree not to use it to (a) allow,
enable or otherwise support the transmission of mass unsolicited, commercial
advertising or solicitations via e-mail (spam) or (b) enable high volume, automated,
electronic processes that apply to our systems to register domain names.
6. MODIFICATIONS TO AGREEMENT. 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 DomainRegister.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 United States mail addressed as follows,
Attention: DomainRegister.com, PMB 307, 518 Kimberton Road, Phoenixville, PA 19460.. 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 DomainRegister.com's 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. No employee, contractor, agent or representative of
DomainRegister.com is authorized to alter or amend the terms and conditions of this
Agreement.
7. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use
the security authentication option noted above. In no event will
we be liable for the unauthorized use or misuse
security authentication option.
8. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name
through us, you agree to be bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by reference. The current version
of the dispute policy may be found at the ICANN Web site:
http://www.icann.org/udrp/udrp-policy-24oct99.htm. Please take the time
to familiarize yourself with that policy.
9. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole
discretion, may modify our dispute policy. We will post any such revised policy on our
Web site at least thirty (30) calendar days before it becomes effective. You agree that,
by maintaining the reservation or registration of your domain name after modifications to
the dispute policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modification, you may terminate this
Agreement. We will not refund any fees paid by you if you terminate your Agreement
with us.
10. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name
registration services is challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute. You agree that in the
event a domain name dispute arises with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions set forth below in this Agreement. If we
are notified that a complaint has been filed with a judicial or administrative body
regarding your use of our domain name registration services, you agree not to make any
changes to your domain name record without our prior approval. We may not allow you
to make changes to such domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification by you and the other party
contesting your registration and use of our domain name registration services that the
dispute has been settled. Furthermore, you agree that if you are subject to litigation
regarding your registration and use of our domain name registration services, we may
deposit control of your domain name record into the registry of the judicial body by
supplying a party with a registrar certificate from us.
11. AGENTS. You agree that, if your agent (e.g., an Internet Service Provider,
employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as
a principal by all terms and conditions herein, including the dispute policy. Your
continued use of our services shall ratify any unauthorized actions of your agent. By
acting on your behalf, your agent certifies that he or she is authorized to apply for our
services on your behalf, that he or she is authorized to bind you to the terms and
conditions of this Agreement and that he or she has apprised you of the terms and
conditions of this Agreement. In addition, you are responsible for any errors made by
your agent. We will not refund fees paid by you or your agent on your behalf for any
reason, including, but not limited to, in the event that your agent fails to comply with the
terms and conditions of this Agreement, your agent incorrectly provides information in
the application process or if your agent changes or otherwise modifies your domain
name record incorrectly.
12. NOTICES AND ANNOUNCEMENTS. You authorize us to notify you as our
customer of information that we deem is of potential interest to you concerning your domain name(s).
13. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive
remedy, with respect to any DomainRegister.com's service(s) provided under this
Agreement and/or for any breach of this Agreement is solely limited to the amount you
paid for such service(s). DomainRegister.com and its contractors shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting from the use or
inability to use any of the DomainRegister.com's services or for the cost of procurement of
substitute services. 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. We disclaim any and all loss or liability resulting from, but
not limited to: (1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or
liability resulting from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your security authentication option; (5)
loss or liability resulting from errors, omissions, or misstatements in any and all
information or service(s) provided under this Agreement; (6) loss or liability relating to
the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the
development or interruption of your Web site; (8) loss or liability from your inability to
use our dot com mail service; (9) loss or liability that you may incur in connection with
our processing of your application for our services, our processing of any authorized
modification to your domain name record or your agents failure to pay any fees,
including the initial registration fee or reregistration fee; or (10) loss or liability as a result
of the application of our dispute policy.
14. INDEMNITY. You agree to release, indemnify, defend and hold DomainRegister.com, in
our capacities as the registry service, and the applicable registry for any
top-level domain in which you are applying for services hereunder, and any of our or their
contractors, agents, employees, officers, directors, shareholders, affiliates and assigns
harmless from all liabilities, claims, damages, costs and expenses, including
reasonable attorneys' fees and expenses, of third parties relating to or arising under this
Agreement, the DomainRegister.com services provided hereunder, your domain name
registration, or your use of the DomainRegister.com's services, including without limitation
infringement or dilution by you, or someone else using our service(s) from your
computer, of any intellectual property or other proprietary right of any person or entity, or
a violation of any of our operating rules or policies relating to the service(s) provided.
When we are threatened with suit or sued by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your failure to provide
those assurances may be considered by us to be a material breach of this Agreement.
15. BREACH. You agree that your failure to abide by any provision of this Agreement,
any DomainRegister.com operating rule or policy, the dispute policy, or your willful
provision of inaccurate or unreliable information as part of the application process, or
your failure to update your information to keep it current, complete or accurate, or your
failure to respond for over fifteen (15) calendar days to inquiries from us concerning the
accuracy of the contact details associated with your domain name registration may be
considered by us to be a material breach and that we may provide a written notice,
describing the breach, to you. If within ten (10) calendar days of the date of such notice,
you fail to provide evidence, which is reasonably satisfactory to us, that you have not
breached your obligations under the Agreement, then we may delete the registration or
reservation of your domain name and/or terminate the other DomainRegister.com'
service(s) you are using without further notice. We will not refund any fees paid by you if
we terminate your Agreement due to your breach. Any such breach by you shall not be
deemed to be excused simply because we did not act earlier in response to that, or any
other breach, by you.
16. NO GUARANTY. You agree that, by registration of your chosen domain name, such
registration does not confer immunity from objection to either the registration or use of
your domain name.
17. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) the
information that you or your agent on your behalf provide to us during the application
process to register your domain name or to apply for other DomainRegister.com's service(s)
is, to the best of your knowledge and belief, accurate and complete, and that any future
changes to this information will be provided to us in a timely manner according to the
modification procedures in place at that time, (ii) to the best of your knowledge and
belief neither the registration of your domain name nor the manner in which you intend
to use such domain name will directly or indirectly infringe the legal rights of a third
party, (iii) you have all requisite power and authority to execute this Agreement and to
perform your obligations hereunder, (iv) you have selected the necessary security
option(s) for your domain name registration record, and (v) you are of legal age to enter
into this Agreement. You agree that your use of our service(s) is solely at your own risk.
You agree that all of our services are provided on an "as is," and "as available" basis.
18. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR
SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE(S) . WE MAKE NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR
ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
19. REVOCATION. You agree that we may terminate your contractual right to use our
service(s) if the information that you are obligated to provide to register your domain
name or register for other DomainRegister.com service(s), or that you subsequently
modify, contains false or misleading information, or conceals or omits any information
we would likely consider material to our decision to register your domain name or to
continue to provide you domain name registration services. Furthermore, you agree that
we may suspend, cancel or transfer your domain name registration services in order to:
(i) correct mistakes made by us or the registry in registering your chosen domain name,
or (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by
you if we terminate your services.
20. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to
register your chosen domain name or register you for other DomainRegister.com's
service(s), or to delete your domain name within the first thirty (30) calendar days from
receipt of your payment for such services. In the event we do not register your domain
name or register you for other DomainRegister.com's service(s), or we delete your domain
name within such thirty (30) calendar day period,
we agree to refund any applicable fee(s) you have paid. You agree that we shall not be
liable to you for loss or damages that may result from our refusal to register, the
deletion your domain name or refusal to register you for other DomainRegister.com's
service(s).
21. SEVERABILITY. You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable, that term or provision will be
construed consistent with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will remain in full force
and effect.
22. ENTIRETY. You agree that this Agreement, the rules and policies published by us,
the dispute policy and the privacy statement are the complete and exclusive agreement
between you and us regarding our services. This Agreement, our rules and policies, the
dispute policy and the privacy statement supersede all prior agreements and
understandings, whether established by custom, practice, policy or precedent.
23. TRANSFER AND ASSIGNMENT. You may transfer your domain name registration
to a third party of your choice, subject to the procedures and conditions found at:
http://www.domainregister.com/makechanges.html,
incorporated herein by reference. Your rights under this Agreement are not assignable
and any attempt by your creditors to obtain an interest in your rights under this
Agreement, whether by attachment, levy, garnishment or otherwise, renders this
Agreement voidable at our option.
24. GOVERNING LAW. You agree that this Agreement and any disputes hereunder
shall be governed in all respects by and construed in accordance with the laws of the
Commonwealth of Pennsylvania, United States of America, excluding its conflict of laws
rules. Except for disputes concerning or arising from your use of a domain name
registered with us, you and we each submit to exclusive subject matter jurisdiction,
personal jurisdiction and venue of the United States District Court in Pennsylvania. If there is no jurisdiction in the United States District Court for Pennsylvania, then jurisdiction
shall be in the Circuit Court of Chester County, West Chester, Pennsylvania. Only for disputes
concerning or arising from your use of a domain name registered with us , you agree to
submit to subject matter jurisdiction, personal jurisdiction and venue of the United
States District Court for Pennsylvania and the
courts of your domicile.
25. AGREEMENT TO BE BOUND. By applying for a DomainRegister.com's service(s)
through our online application process or by applying for and registering a domain name
as part of our e-mail template application process or by using the service(s) provided by
http://www.domainregister.com/makechanges.html under this Agreement, you acknowledge that you have read and
agree to be bound by all terms and conditions of this Agreement and any pertinent rules
or policies that are or may be published by DomainRegister.com.
SERVICE SPECIFIC TERMS: The following terms apply in addition to paragraphs 1
through 25 only if you have selected the particular service described:
A. ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF .TV, .CC .WS AND OTHER TLD
DOMAIN NAMES. Your registration of a domain name in the .TV, .CC or .WS top level
domain ("New TLD Domain Name"), is subject to policies established or revised from
time to time by such New TLD Domain Name's respective registry ("New TLD
Registry"), in its capacity as the registry for its respective Top Level Domain. Each
respective New TLD Registry's current policies ("New TLD Registry Policies") are
available for you to review at each New TLD's respective website. You agree to be bound
by and comply with the applicable New TLD Registry Policies, including amendments
and modifications thereto, with respect to your New TLD Domain Name registration.
Such policies shall not alter the terms and conditions of this Service Agreement. To the
extent there is a conflict between the New TLD Registry policies and the terms of this
Service Agreement, the terms of this Service Agreement shall prevail. You agree that
the New TLD Registry has the right to enforce the New TLD Registry Policies.
B. SPECIAL NOTICE AND DISCLAIMER FOR MULTILINGUAL DOMAIN NAME
REGISTRATIONS. Notwithstanding anything contained herein to the contrary, you
acknowledge and agree as follows: A Multilingual Domain Name ("MDN") and the
underlying encoding schemes, protocols and other technologies that enable MDNs to
function on the Internet, are currently experimental and have not necessarily been
approved by Internet standard-setting bodies, including without limitation the Internet
Engineering Task Force, the Multilingual Internet Names Consortium, and the Internet
Architecture Board. We currently are making MDN registration services available to you
as part of our participation in a test bed ("Test Bed") being conducted by VeriSign
Global Registry Services, the central registry of second level domain names in the
.com, .net and .org Top Level Domains. The test bed is being conducted for the purpose
testing proposed standards for deployment of MDN technology and to provide
operational experience with those proposed standards.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE
ENCODING SCHEMES, PROTOCOLS AND OTHER MDN-ENABLING
TECHNOLOGIES, WHETHER PROVIDED BY US OR OTHERWISE, WILL BE
APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE
SUCCESSFULLY DEPLOYED. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT
THE TEST BED WILL CONTINUE OR THAT OUR MDN REGISTRATION SYSTEM
WILL INTEROPERATE PROPERLY WITH THE CURRENT OR FUTURE TEST BED OR
THE MDN-ENABLING TECHNOLOGIES OF OTHERS.
You assume all risks inherent in the experimental nature of this service and the
technologies supporting it. The encoding schemes, protocols and other MDN-enabling
technologies are not within our control and are subject to change without notice. You
assume all risks that such changes may impair or prevent your ability to use the MDN
you have registered. You further understand and agree that we may interrupt or deny
MDN registration services to you, temporarily or permanently, as a result of such
changes. You further assume all risks that the Internet addressing system will not
recognize an MDN you have registered or otherwise will not enable such MDN to
function as an Internet address.
We may, but shall not be obligated to, make any and all modifications to an MDN
registration, including without limitation changing the MDN's ASCII-based translation,
that we deem necessary or appropriate for the purpose of bringing an MDN registration
into conformance with evolving technical standards. Such modifications may be made
without notice to you. In the event we elect to make such modifications, you agree to
hold us harmless from any claims, liabilities or demands arising from such
modifications. Before registering an MDN, we strongly recommend that you review and
become familiar with the "Multilingual Domain Name Position Paper," published on the
website of VeriSign Global Registry Services, currently located at the following url:
http://www.verisign-grs.com.
You specifically acknowledge and agree that an MDN shall be considered a domain
name for purposes of the Domain Name Dispute Policy and the provisions relating
thereto in this Agreement. Notwithstanding anything to the contrary contained in the
Domain Name Dispute Policy, you agree that during the Test Bed we may terminate
your registration of an MDN in our sole discretion without notice to you if, within 45 days
of your registration, we receive a formal, written objection to the registration by any
legitimate authority, including without limitation a trademark owner or governmental
entity. Our right of termination under this provision shall continue until such time as: (1)
VeriSign Global Registry Services publicly announces that its Test Bed is complete;
and (2) we determine in our sole discretion that all of the encoding schemes, protocols
and other MDN-enabling technologies that are used to provide your MDN registration
services have been approved by appropriate standard-setting bodies.
C. ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .BIZ
TLD.
1. Additional Representations and Warranties. If you are applying for the registration of a
domain name in the .biz top-level domain ("TLD"), you also represent and warrant that:
(i) the 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
selling, trading or leasing the domain name for compensation, or the unsolicited offering
to sell, trade or lease the domain name for compensation; and (ii) the domain name is
reasonably related to your business or intended commercial purpose at the time of
registration.
2. Acknowledgment of Dispute Policies and Rules. The registrant acknowledges having
read and understood and agrees to be bound by the terms and conditions of the
following documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Policy, available at ;
(ii) The Start-up Dispute Resolution Policy ("SUDRP"), available at ;
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at .
If at the time of your application for services in the .biz TLD, any of the above policies or
rules (collectively ".biz Policies") have not yet been approved by ICANN (which may
mean the .biz Policies are not available for viewing via live hyperlinks above), you agree
to be bound by the terms of such .biz Policies upon such approval and in the final form
approved by ICANN, as posted on our Web site or the ICANN Web site (located at
www.icann.org). You agree that, by maintaining the services provided hereunder (which
may include registration of a domain name) after such posting of any of the ICANN
approved .biz Policies, you have agreed to the terms and conditions of the same. You
acknowledge that if you do not agree to the .biz Policies, you may terminate this
Agreement. We will not refund any fees paid by you if you terminate your Agreement
with us.
3. Registry Actions or Inactions. Our ability to provide services to you depends in part
upon the provision of services by third parties, such as the .biz registry. We cannot
control and will not be responsible for the actions or inactions of such third parties. For
example, the .biz registry has reserved the right to deny, cancel or transfer any domain
name registration under certain circumstances. You acknowledge and agree that we
shall not be liable to you or any other party in connection with claims, damages, losses,
expenses or costs incurred or suffered by you as a result of actions taken or not taken
by third parties, including, but not limited to, the .biz registry.
4. Multiple Phases of Services. Your application or registration (whether successful or
not) for any .biz registry or .biz TLD services hereunder does not guarantee, and we do
not promise, that you will be approved or eligible for any other services available or that
may become available through us or any third party. For example, certain services in
the .biz TLD are provided in sequential phases, and participation in one phase, does not
automatically qualify you for participation in other phases, and any further participation
is not automatic. The .biz registry, and not DomainRegister.com, determines the dates
and times associated with the various service phases available in the .biz TLD. You
agree to review and become familiar with the information available on our Web site and
on the .biz Web site concerning the various phases and descriptions of services
available in connection with .biz TLD, and to regularly check for modifications and/or
updates to such information, as the same may change from time to time. You agree
that you are solely responsible for applying and/or registering for the service phases you
desire to participate in. Additionally, you acknowledge and agree that submission of an
application for domain name registration or any other services, does not guarantee that
you will ultimately be the registrant for a particular domain name, even if you
participated in some other service associated with the domain name, such as an
intellectual property notification service or similar service.
5. Additional Acknowledgments Concerning Customer Information. You also
acknowledge and agree that DomainRegister.com will share with the .biz registry certain
information submitted by you in your application(s) for our services, as required by our
agreement(s) with the .biz registry or to provide the services you have applied for. You
acknowledge and agree that any information we share with the .biz registry may be
used by them to fulfill the .biz registry's service obligations to us or any third party. You
hereby grant us and the .biz registry a limited, royalty-free, non-exclusive worldwide
license to use all of the data contained in a Trademark
6. Disclaimer Concerning Intellectual Property Notification Service. Your participation in
an intellectual property notification service or similar service DOES NOT PROVIDE YOU
WITH ANY INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS, NOR
DOES IT PROVIDE YOU WITH ANY RIGHTS TO ANY PARTICULAR DOMAIN NAME
REGISTRATION. THIS IS A NOTIFICATION SERVICE ONLY. EVEN IF YOU
PARTICIPATE IN THIS SERVICE, YOU MUST STILL SUBMIT AN APPLICATION FOR
DOMAIN NAME REGISTRATION SERVICES TO BE ELIGIBLE TO BECOME THE
REGISTRANT FOR THE DESIRED DOMAIN NAME(S).
7. Survival of Terms. In addition to the provisions of the Agreement that by their very
nature survive the termination of this Agreement (and without otherwise limiting the
survivability of such provisions), you agree that the indemnity provisions set forth in this
Agreement shall survive any termination of the Agreement.
8. Terms of Use for IP Claim Service. The following additional terms apply specifically to
the Intellectual Property Claim Service (in this Section F8 of the Agreement, the
"Service") made available in the .biz TLD (for purposes of this Section F8, "Owner" shall
mean the owner of a registered or common law trademark or service mark and "Agent"
shall mean the duly authorized agent of an Owner (collectively "You"), and "Registrar"
shall mean Network Solutions):
(a). The Service. Registrar provides the Service to holders of both registered and
common law trademarks or service marks (collectively "Trademarks"). During the
domain name application process, applicants for a .biz domain name ("Applicants") will
be notified of an Owner's alleged intellectual property rights in a Trademark if the domain
name contained in the domain name application is an exact match of the Trademark
identified in an IP Claim (as defined below) submitted by Owner. You may review
frequently asked questions regarding the Service by reviewing our FAQs.
(b). Registration, Password and Security. To use the Service, You may be asked to first
create an account and obtain a login name and password. You must provide Registrar
with accurate, complete and current registration information and must update this
information promptly if it changes. You represent and warrant that You are at least
eighteen (18) years of age or older and are either an Owner or an Agent duly authorized
to represent an Owner(s) in connection with the Service and submitting an IP Claim on
behalf of an Owner(s). Agent will indemnify and hold harmless Registrar and its officers,
directors, employees, agents, affiliates and subcontractors for any claims brought by
Owner or Third Parties relating to the use of the Service. You are solely responsible for
maintaining the confidentiality of Your login name and password. You must immediately
notify Registrar of any unauthorized use of Your login name and You are responsible for
any unauthorized activities, charges and/or liabilities made on or through Your login
name until we receive such notification. You may not transfer or lend login names to any
other third party.
(c). License to Use Data / Privacy. By submitting an IP Claim, You hereby grant
Registrar, as well as any of its agents or subcontractors, and the .biz registry, a limited,
royalty-free, non-exclusive worldwide license to use all of the data contained in the IP
Claim solely for the purposes of implementing the Service, processing Your IP Claim,
notifying Applicants of Your IP Claim, and for notifying You of changes to the Service,
and for archival purposes.
(d). The IP Claim Process. In order to submit a claim with respect to a Trademark or
Trademarks ("IP Claim") through the Service, You must complete an IP Claim form for
each Trademark. For each IP Claim, You must submit complete contact information,
representative contact information and notification details, and the details regarding the
Trademark. You may specify in the representative field that an Agent may receive legal
correspondence regarding the IP Claim. Once You have submitted an IP Claim, you will
receive a confirmation email and a claim number. You must retain the claim number for
each IP Claim You submit. Registrar will accept IP Claims until July 9, 2001, or such
later date as it may determine in its sole discretion ("Close of Phase I") and no IP
Claims will be accepted after that date. From the Close of Phase I until September 25,
2001 ("Phase 2"), or such other later date as Registrar may choose, in its sole
discretion, the domain name applications from ICANN-approved registrars
("Applications") will be compared with the database of IP Claims processed through the
Service ("IP Claim Database"). For each exact match between an IP Claim in the IP
Claim Database and a domain name application, the Registry Operator for .Biz
("Registry Operator") will notify the Applicant that a third party or third parties have
submitted an IP Claim for the exact Trademark. The email notification to the Applicant
will include, among other things, the information provided by Owner in the IP Claim,
instructions on how to proceed with the registration process, and that if selected during
the randomized name selection phase ("Name Selection Phase"), the domain name will
be placed on a temporary thirty (30) day hold when the Registry goes "live." The
Applicant will have the option to proceed with the Application or cancel the Application.
If the Applicant does not respond to the email notification, or elects to cancel the
Application, the Applicant's domain name application will not be processed during the
Name Selection Phase. If the Applicant chooses to proceed with the registration
process and the name is selected during the Name Selection Phase, that domain name
automatically will be placed on a thirty (30) day "hold period" when the name is
registered. After Name Selection, the Owner will be notified by Registry Operator if an
Applicant has successfully registered the domain name. The Owner will then have the
option of contacting the Applicant and finding a solution or using the guidelines set forth
by a special dispute resolution process called the Start-up Trademark Opposition Policy
("STOP")(formerly referred to as the Start-up Dispute Resolution Policy or "SUDRP")
("information available at [LINK], or the Uniform Domain-Name Dispute Resolution
Procedures ("UDRP") (information is available at
http://www.icann.org/udrp/udrp-policy-24oct99.htm). You will not be notified if there are
no Applications that exactly match an IP Claim You submitted in the IP Claim
Database.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL BE
AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK. AN OWNER THATWISHES
TO OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN NAME
APPLICATION. DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF
APPLICATIONS THAT ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN
AN IP CLAIM FORM. REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK
CLAIMED ON AN IP CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR
VALID TRADEMARK, NOR WILL REGISTRAR PROVIDE ANY LEGAL OVERSIGHT
OR ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED
BY THE SERVICE.
(e). Conduct. You may access and use the Service for lawful purposes only and you are
solely responsible for the knowledge and adherence to any and all laws, statutes, rules
and regulations pertaining to Your use of the Service. You agree that You will not (i) use
the Service to commit a criminal offense or to encourage conduct that would constitute
a criminal offense or give rise to a civil liability, or otherwise violate any local state,
Federal or international law or regulation; (ii) upload or otherwise transmit any content
that You do not have a right to transmit under any law or contractual or fiduciary duty;
(iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv)
interfere with the ability of other users to access or use the Service; (v) claim a
relationship with or to speak for any individual, business, association, institution or other
organization for which You are not authorized to claim such a relationship; (vi) interfere
with or disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to the
Service; or (vii) reproduce, duplicate, copy, use, distribute, sell, resell or otherwise
exploit for any commercial purposes any portion of the Service.
(f). Fees. As consideration for the Service, You agree to pay Registrar, or its agents or
subcontractors, as the case may be, an IP Claim fee for each IP Claim submitted
through the Service by credit card through its online payment system. Such fee shall be
due immediately and is non-refundable. Registrar, or its agents or subcontractors, may
take all remedies to collect fees owed. Registrar, or its agents or subcontractors may
require you to submit and pay for each IP Claim individually or it may allow you store up
a certain number of IP Claims before submitting them for processing. Once you have
stored that number of IP Claims, you may not be able to store any additional IP Claims
and may need to submit them for processing and pay the applicable fee before obtaining
additional storage space. No refunds are permitted.
(g). Agents. You agree that, if Your agent (e.g., an attorney, employee, etc.) submits an
IP Claim on Your behalf, You are nonetheless bound as a principal by all Terms of Use
herein. Your continued use of the Services shall ratify any unauthorized actions of Your
agent. By acting on Your behalf, Your agent certifies that he or she is authorized to use
the Service on Your behalf, that he or she is authorized to bind You to these Terms of
Use and that he or she has apprised You of these Terms of Use of this Agreement. In
addition, You are responsible for any errors made by Your agent. Registrar will not
refund fees paid by You or Your agent on Your behalf for any reason, including, but
notlimited to, in the event that Your agent fails to comply with these Terms of Use, Your
agent incorrectly provides information in the IP Claim process or if Your agent changes
or otherwise modifies Your IP Claim incorrectly.
(h). Copyright. You acknowledge that the Service, any underlying technology used in
connection with the Service, and all software, material, information, communications,
text, graphics, links, electronic art, animations, audio, video, photos, and other data
(collectively, the "Content") available within the Service are provided by Registrar or
third-party providers and are the copyrighted works of Registrar and/or such third
parties. Except as expressly authorized by Registrar or such third parties in these
Terms of Use or as may be posted on the Service, You may not copy, reproduce,
publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display,
transmit, compile or collect in a database, or in any manner commercially exploit any
part of the Content or the Service, in whole or in part. You may not store any significant
portion of any Content or the Service owned by, or licensed to Registrar in any form,
whether archival files, computer-readable files, or any other medium. You also may not
"mirror" any Content or the Service on any other server. Registrar encourages you to
download and print a reasonable number of copies of an IP Claim for noncommercial,
internal use only; provided that (i) any permitted copies contain, in unmodified form, any
copyright or other proprietary rights notices and an original source attribution to the
Service; and (ii) no modifications are made except as may be expressly provided by
Registrar.
(i). Links. Some links on the Service lead to sites posted by independent site owners.
Because Registrar has no control over these sites, it cannot be responsible for such
sites' accessibility via the Internet and does not endorse products, services, or
information provided by such sites. As such, Registrar shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with, use or reliance on any content, goods or services available on or
through any other site. Further, the inclusion of these links does not imply that the other
sites have given permission for inclusion of these links, or that there is any relationship
between Registrar and the linked sites.
(j). Disclaimer of Warranty, Limitation of Liability. YOU AGREE THAT YOUR ACCESS
TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER REGISTRAR
NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR
DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR
CONTENT WITHIN THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS, "AS
AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES
AND NON-INFRINGEMENT. IN NO EVENT WILL REGISTRAR NOR ITS PARENTS,
SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE
SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR
ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR
LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA,
UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS,
DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR
NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS,
PROGRAMS OR SERVICES. YOU AGREE THAT THE FOREGOING LIMITATIONS OF
LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK. IN NO EVENT,
SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE
AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE IP CLAIM.
(k). Indemnification. You agree to indemnify and hold harmless Registrar and its
parents, subsidiaries, shareholders, members, officers, directors, employees, affiliates,
agents and subcontractors from any claim or demand, including reasonable attorney's
fees made by any third party due to or arising out of Your use of the Service, your
breach of these Terms of Use, any Content submitted to the Service, or any disputes
involving the intellectual property rights of the Trademarks.
(l). Modifications to the Service. Registrar reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that will not be liable to You or to any third
party for any modification, suspension, or discontinuation of the Services.
(m). Termination. You may discontinue Your participation in and access to the Service
at any time. These Terms of Use will continue to apply to all past use of the Service by
You, even if You are no longer using the Service. You acknowledge and agree that
Registrar may terminate or block Your use of all or part of the Service without prior
notice for any reason, including, without limitation, if Registrar believes You have
engaged in conduct prohibited by these Terms of Use. You agree that upon termination
or discontinuance for any reason, may delete all information related to You on the
Service and may bar Your access to and use of the Service.
(n). Third Party Beneficiary. Registry Operator ("NeuLevel") is an intended third party
beneficiary of these Term and Conditions with rights to enforce these Terms of Use. You
will cooperate in good faith with NeuLevel or Registrar in investigating instances of
non-compliance with these Terms of Use, if NeuLevel or Registrar believes in good faith
that you are not in compliance with these Terms of Use.
(o). Subcontractors. In the course of providing the IP Claim Service, Registrar may retain
independent contractors or assign or subcontract to or otherwise have any third party
perform any or all of the IP Claim Service at any time, provided that Registrar shall
continue to remain responsible for full performance of any such duties to the same
extent as if it had performed the IP Claim Service itself.
(p). You agree that Registrar and Registry Operator are not responsible for checking,
verifying or editing message content or completeness, or for detecting errors or
anomalies, or for recreating or re-transmitting data.
G. ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .INFO
TLD.
1. Additional Provisions. You acknowledge and agree to the following: (i) you
acknowledge and agree that DomainRegister.com will share with the .info registry certain
information submitted by you in your application(s) for our services, and you consent to
the use, copying, distribution, publication, modification and other processing of your
personal data by the .info registry and its designees and agents in connection with the
.info registry's service obligations to us or third parties, or as otherwise deemed
necessary by the .info registry; (ii) you agree to submit to proceedings commenced
under the Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise
Dispute Resolution Policy ("SDRP") (available at ), as these may be modified from time
to time; (iii) you agree to immediately correct and update the registration information for
any domain name registered hereunder during the registration term for such registered
domain name; and (iv) you acknowledge that the .info registry 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 domain name during these periods, and (b)
the results of any dispute over a "Sunrise Registration."
If at the time of your application for services in the .info TLD, the SDRP has not yet been
approved by ICANN (which may mean the SDRP is not available for viewing via live
hyperlink above), you agree to be bound by the terms of the SDRP upon such approval
and in the final form approved by ICANN, as posted on our Web site or the ICANN Web
site (located at www.icann.org). You agree that, by maintaining the services provided
hereunder after such posting of any of the ICANN approved SDRP, you have agreed to
the terms and conditions of the same. You acknowledge that if you do not agree to the
SDRP, you may terminate this Agreement. We will not refund any fees paid by you if
you terminate your Agreement with us.
2. Registry Actions or Inactions. Our ability to provide services to you depends in part
upon the provision of services by third parties, such as the .info registry. We cannot
control and will not be responsible for the actions or inactions of such third parties. For
example, the .info registry has reserved the right to refuse or cancel any Sunrise
Registration at any time and to request additional information relating to a Sunrise
Registration. You acknowledge and agree that we shall not be liable to you or any other
party in connection with claims, damages, losses, expenses or costs incurred or
suffered by you as a result of actions taken or not taken by third parties, including, but
not limited to, the .info registry.
3. No Guarantee on Registration. The .info registry, and not DomainRegister.com,
determines the dates and times associated with the various service periods available in
the .info TLD. You agree to review and become familiar with the information available on
our Web site and on the .info Web site concerning the various periods and descriptions
of services available in connection with .info TLD, and to regularly check for
modifications and/or updates to such information, as the same may change from time to
time. You agree that you are solely responsible for applying and/or registering for the
service periods you desire to participate in. You acknowledge and agree that
submission of an application for domain name registration or any other services
(regardless of when submitted), does not guarantee that you will ultimately be the
registrant for a particular domain name.
4. Disclaimer Concerning Intellectual Property Protection. Your application for a Sunrise
Registration DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY
PROTECTIONS OR REGISTRATIONS.
This is DomainRegister.com Service Agreement Version Number 1.6.
SCHEDULE A TO DOMAINREGISTER.COM SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF DOMAIN NAMES
1. Security. DomainRegister.com's partner, Network Solutions does not guarantee the security of your domain name registration
records, and you assume all risks that the authorized email address you utilize may be
compromised as a result of fraudulent, unauthorized or illegal activity.
2. Fees and Payment. Initial domain name registrations, and domain name registrations that have
passed the registration agreement’s anniversary date, must be in a paid status to transfer, delete,
modify, or otherwise to request Network Solutions to affect the domain name record or to provide
domain name services. Domain name registrations in an unpaid status are routinely deleted on a
regular basis.
3. Transfers and Licensing of Use. You agree that you may not transfer your domain name
registration to another domain name registrar during the first sixty (60) days from the effective
date of your initial domain name registration with us. You may transfer your domain name
registration to a third party of your choice, subject to the procedures and conditions found at:
http://www.networksolutions.com/en_US/legal/static-service-agreement.jhtml#rnca, incorporated
herein by reference.
4. Network Solutions’s Disclosure of Certain Information. Subject to the requirements of our
privacy statement, in order for us to comply the current rules and policies for the domain name
system, you hereby grant to Network Solutions the right to disclose to third parties through an
interactive publicly accessible registration database the following mandatory information that you
are required to provide when registering or reserving a domain name: (i) the domain name(s)
registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail
address(es), voice telephone number and where available the fax number(s) of the technical and
administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary
nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names
of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration
date of the registration. You also grant to Network Solutions the right to make this information
available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise
support the transmission of mass unsolicited, commercial advertising or solicitations via telephone,
facsimile, or e-mail (spam) or (b) enable high volume, automated, electronic processes that apply
to our systems to register domain names.
5. Domain Name Dispute Policy. If you registered a domain name through us, you agree to be
bound by our current domain name dispute policy that is incorporated herein and made a part of
this Agreement by reference. The current version of the domain name dispute policy may be found
at our Web site: http://www.netsol.com/en_US/legal/dispute-policy.jhtml.
6. Domain Name Dispute Policy Modifications. You agree that we, in our sole discretion, may
modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the dispute policy become effective, you
have agreed to these modifications. You acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not refund any fees paid by you if you
terminate your Agreement with us.
7. Domain Name Disputes. You agree that, if your use of our domain name registration services is
challenged by a third party, you will be subject to the provisions specified in our dispute policy in
effect at the time of the dispute. For any dispute with, or challenge by, a third party concerning or
arising from your use of a domain name registered with us or your use of our domain name
registration services, you agree to submit to subject matter jurisdiction, personal jurisdiction and
venue of the United States District Court for the Eastern District of Virginia, Alexandria Division and
the courts of your domicile. You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth
below in this Agreement. If we are notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration services, you agree not to
make any changes to your domain name record without our prior approval. We may not allow you
to make changes to such domain name record until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you and the other party contesting your
registration and use of our domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding your registration and use of
our domain name registration services, we may deposit control of your domain name record into the
registry of the judicial body by supplying a party with a registrar certificate from us. You agree that
we will comply with all court orders, domestic or international, directed against you and/or the
domain name registration.
8. No Guaranty. You agree that, by registration of your chosen domain name, such registration
does not confer immunity from objection to either the registration or use of your domain name.
9. Revocation. You agree that we may suspend, cancel or transfer your services, including, but not
limited to, domain name registration services in order to: (i) correct mistakes made by us, another
registrar or the registry in registering your chosen domain name, or (ii) to resolve a dispute under
our domain name dispute policy.
10. Survival. In the event the Agreement or this Schedule terminates, Sections 4, 5, 6, 7, 9, 10,
12, 13, and 14 of this Schedule shall survive such expiration or termination.
11. Under Construction Page. You acknowledge and agree that any or all domain names that are
(i) registered with DomainRegister.com, (ii) hosted on a DomainRegister.com domain name server, and
(iii) do not otherwise resolve to an active Web site, may resolve to an “under construction” or
similar temporary Web page (“Under Construction Page”), and that DomainRegister.com may place on
any such Under Construction Page promotions and advertisements for, and links to, DomainRegister.com Web site, DomainRegister.com product and service offerings, third-party Web sites, third-party
product and service offerings, and/or Internet search engines. You agree that DomainRegister.com may change the content and/or appearance of, or disable, any Under Construction Page at
any time, in its sole discretion, and without prior notice.
12. Requests to Change Registrar; Transfers Generally. You agree that Network Solutions may
deny any request to transfer a domain name registration that is otherwise capable of transfer to
another registrar where you fail to respond appropriately to a transfer confirmation request from
Network Solutions. Furthermore, you acknowledge and agree that pursuant to applicable policies
adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”) related to the
transfer of domain names it is possible for your domain name to be transferred to another registrar
even though the transfer has not actually been approved by you, and you agree that we shall not be
liable to you for any such unauthorized transfers. You also acknowledge and agree that we cannot
control and shall not be liable to you for the actions of third parties, including but not limited to
registry operators, in connection with a domain name transfer, or a reversal of or refusal to reverse
a domain name transfer, whether or not the transfer was approved by you.
13. Domain Protect. You agree that we may, but are not obligated to, place your domain name
registration in a Domain Protect status to prevent unauthorized transfers of your domain name
registration, as described on our Web site. You acknowledge and agree that in order to transfer a
domain name registration that is in a Domain Protect status, you may first have to request to remove the domain name registration from Domain Protect status.
14. Grace Period; IP Address Changes; Renewal and Transfer of Expired Domain Names on Your
Behalf. You agree that we may, but are not obligated to, allow you to renew your domain name
after its expiration date has passed. You agree that after the expiration date of your domain name
registration and before it is deleted or renewed, we may direct your domain name to an IP address
designated by us, including, without limitation, to an IP address which hosts a parking, under
construction or other temporary page that may include promotions and advertisements for, and
links to, Network Solutions’s Web site, Network Solutions product and service offerings, third-party
Web sites, third-party product and service offerings, and/or Internet search engines, and you agree
that we may place our contact information in the WHOIS output for the expired domain name.
Should you not renew your domain name during any applicable grace period, you agree that unless
you notify us to the contrary we may, in our sole discretion, renew and transfer the domain name to
a third party on your behalf (such a transaction is hereinafter referred to as a “Direct Transfer”),
and your failure to so notify us after the domain name expiration date shall constitute your consent
to such a Direct Transfer. In the event we are able to identify such a third party (the “Direct
Transfer Customer”) and effectuate such a Direct Transfer, we will notify you via email after the
transaction is completed (“Direct Transfer Notification”). Additionally, you will be eligible to receive
a portion of the funds received by us as a result of a Direct Transfer of your domain name, as
follows: (i) if you registered your domain name with Network Solutions directly through our Web
site, you will be eligible to receive twenty percent (20%) of the Net Proceeds received by us from
our third party vendor as a result of a Direct Transfer; and (ii) if you registered your domain name
with Network Solutions through a third party agent (such as your ISP, for example), you will be
eligible to receive fifteen percent (15%) of the Net Proceeds received by us from our third party
vendor as a result of a Direct Transfer. You acknowledge and agree that the Direct Transfer process
may be facilitated through a single Direct Transfer Customer, or through a brief auction involving
multiple parties who are interested in your domain name. For purposes of this paragraph, “Net
Proceeds” shall mean the total fees paid to us by our third party vendor as a result of a Direct
Transfer, less any registry fees, credit card charge-backs, processing and check fees, and other
costs or fees associated with the Direct Transfer of the domain name. You agree that we shall have
no obligation to pay you, and you shall have no right to receive, any percentage of the Net Proceeds
unless, within ninety (90) days after the date of our Direct Transfer Notification, you first provide us
with the name, address and related information requested by us (including, but not limited to, a
Form W-9, if applicable) in our Direct Transfer Notification. We cannot guarantee, and we make no
representation or promise, that any Direct Transfer will occur with respect to your domain name.
15. New Customers through a Backorder Service. If you are registering a domain name through a
backorder service and that domain name was registered with, and not yet deleted by, Network
Solutions at the time of your purchase, you acknowledge and agree that the term of your
registration will be for a period of one year from the original expiration date for the domain name
immediately prior to your purchase, as the registration is the result of a Direct Transfer (defined
above). If you are registering a domain name through a backorder service and the domain name
was not registered with Network Solutions at the time of your purchase but was deleted by the
applicable top-level domain registry at the time of your purchase, you acknowledge and agree that
the term of your registration will be for a period of one year from the date it is initially registered
with Network Solutions by the provider of the backorder service.
SCHEDULE B TO NETWORK SOLUTIONS SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF DOMAIN NAMES IN THE COUNTRY
CODE TOP-LEVEL DOMAINS.
I. All cc-TLDs. In addition to the terms set forth in Schedule A, the following terms shall apply to
registrants of domain names registered in the country-code top-level domains available for
registration on our Web site, including but not limited to the .tv, .cc, .bz, .ws, .au, .uk, .org.uk,
.co.uk, .be, .br, .az, .at, .com.mx, .nz, .net.nz, .org.nz, .jp and .de country-code top-level domains
(“ccTLD Services”). Your registration of a domain name in any ccTLD (each a "New TLD Domain
Name"), is subject to policies and service agreements established or revised from time to time by
the registry (or operator of such registry) for such New TLD Domain Name ("New TLD Registry"), in
its capacity as the registry for its respective Top Level Domain. Each respective New TLD Registry’s
current policies and service agreements ("New TLD Registry Policies") are available for you to
review at each New TLD’s respective website (for example, the registry policy for .bz can be found
at http://www.belizenic.bz/terms.php, the registry policy for .be can be found at
http://www.dns.be/eng/DomainInfo/enduser_termsandconditions.htm, the registry policy for
.com.mx can be found at http://www.nic.mx/nic/plsql/nic_Politicas.nic_Politicas_Dominios, the
registry policy for .nz can be found at http://www.domainz.net.nz/Domainz.asp?Content=Terms,
the registry policy for .de can be found at http://www.denic.de/doc/DENIC/agb.en.html, the registry
policy for .uk can be found at http://www.nominet.org.uk/nominet-terms.html). You agree to be
bound by and comply with the applicable New TLD Registry Policies, including amendments and
modifications thereto, with respect to your New TLD Domain Name registration. You acknowledge
and agree that you have reviewed and satisfied yourself as to the obligations and conditions
contained in the applicable New TLD Registry Policies. Such policies shall not alter the terms and
conditions of this Agreement. To the extent there is a conflict between the New TLD Registry
policies and the terms of this Agreement, the terms of this Agreement shall prevail. You agree that
the New TLD Registry has the right to enforce the New TLD Registry Policies. With respect to any
domain name registrations in the .de ccTLD, and subject to the limitation of liability and
indemnification provisions contained in Sections 7 and 9, respectively, of the General Terms and
Conditions of the Agreement, you authorize and direct us to designate Network Solutions (or our
vendor’s) personnel as your administrative contact for all such domain name registrations. With
respect to any domain name registrations in the .nz ccTLD, and subject to the limitation of liability
and indemnification provisions contained in Sections 7 and 9, respectively, of the General Terms
and Conditions of the Agreement, you authorize and direct us (or our selected vendor) to (i) submit
service request to and interact with the .nz New TLD Registry on your behalf and (ii) designate a
Network Solutions email address (or the email address of our selected vendor) as the registrant
email address of record with the .nz New TLD Registry. With respect to any domain name
registrations in the .co.nz, .org.nz, or .net.nz, you acknowledge and agree that email address for
any domain name registrations will be defaulted to VeriSign, Inc.
II. Submission of ccTLD Orders. Subject to the terms hereof and the applicable New TLD Registry
Policies, you may, through the use of the Network Solutions ccTLD Services or such other means as
Network Solutions may designate in writing, place orders for the Network Solutions ccTLD Services.
Such orders shall be submitted in the form and manner prescribed by Network Solutions. By
submitting an order for any ccTLD Services, You represent and warrant to Network Solutions that
the order is consistent with the New TLD Policies for the applicable New TLD Registry. You expressly
authorize Network Solutions to bind you to all terms and conditions in any corresponding registry or
registrar for the ccTLD Services provided pursuant to this Schedule. Furthermore, you acknowledge
and agree that in certain specific instances a specific New TLD Registry may require direct contact
with the Registrant or through Network Solutions or a third party provider of the ccTLD Services.
III. Compliance with Registrar and Registry Policies.You are solely responsible for ascertaining the
contents of any New TLD Registry Policies and any amendments or modifications thereto. You
represent and warrant that any order you submit for ccTLD Services is compliant with the applicable
registry policies, terms and conditions. You further represent and warrant that any information
provided by or through you to Network Solutions in connection with the services hereunder is
accurate and complete, and submitted in the form required by the applicable registry. You also
agree that you have a continuing obligation to periodically monitor such policies for any changes.
IV. Supporting Documentation. You agree to timely provide Network Solutions with all information
and supporting documentation reasonably requested by Network Solutions to fulfill any accepted
order. If such information is not provided prior to the earlier of the time required for the provision of
the ccTLD Services or a period of thirty (30) days from the date of the request, or if the information
provided is incorrect or false, Network Solutions may terminate the portion of the order for which
information was requested, and any fees paid in connection therewith shall be non-refundable or, if
fees have not yet been paid, a 10% processing fee shall be applied.
V. Warranties. You represent and warrant that any ccTLD domain name registered pursuant to an
order made hereunder is registered and used for lawful purposes.
VI. NO GRACE PERIOD for certain ccTLDs Registrations. There are no grace or redemption periods
available for the following country specific domain names: .co.uk, .org.uk, .me.uk, .de, .jp, .be, .at,
.co.nz, .net.nz, .org.nz, .mx. country-specific extensions (“Country Specific Domain Name(s)”). In
addition, if you do not renew your Country Specific Domain Name prior to the renewal date for such
country specific domain name, then you run the risk of loss of your Country Specific Domain Name.
Due to this risk of permanent loss of your Country Specific Domain Name, as well as all other
services purchased at the same time with these country-specific extensions, Network Solutions has
placed these particular Country Specific Domain Names on automatic renewal (“Auto Renew”) upon
your purchase. This feature may be turned off by the Account Holder/Primary Contact or Account
Administrative Contact. To turn the Auto Renew feature on or off, click the Renew Services tab, and
then click the link in the Auto Renew column. PLEASE NOTE THAT YOUR FAILURE TO RENEW
YOUR COUNTRY SPECIFIC DOMAIN NAMES AND RELATED SERVICES BEFORE THE DATES
LISTED BELOW WILL RESULT IN A FOURTEEN (14) DAY INTERRUPTION IN SERVICE
(“INTERRUPTION PERIOD”) BEFORE THE END OF YOUR THEN CURRENT TERM, AFTER
WHICH YOUR COUNTRY SPECIFIC DOMAIN NAME WILL BE DELETED FROM THE REGISTRY.
You acknowledge and agree that by purchasing Country Specific Domain Name services from
Network Solutions that Network Solutions shall not be liable for the following: (1) any loss, damage
or liability you incur due to any interruption caused by your failure to renew the services; (2) any
loss, damage or liability you incur due to the loss of domain name registrations as a result of the
failure to renew such services; and (3) your sole and exclusive remedy for any claim arising under
this Country Specific Domain Name service shall be limited to those remedies provided under
Section 7 (Exclusive Remedy) of this Service Agreement. Network Solutions, LLC disclaims any and
all liability in the loss of domain name registrations due to failure to renew services.
.co.uk, .org.uk, .me.uk, .de, and .be country-specific extensions must be renewed no later than
twenty six (26) days before the domain name’s expiration date to avoid a fourteen (14) day
interruption in service.
.jp, .at, .co.nz, .net.nz, .org.nz, and .mx country-specific extensions must be renewed no later than
fifty seven (57) days before the domain name’s expiration date to avoid a fourteen (14) day
interruption in service.
We will send a reminder up to one hundred five (105) days before the expiration date reminding
you that your country-specific domains will automatically renew, so that you have enough time to
make sure your credit card information is up-to-date. Sixty (60) days before the expiration date the
credit card on file will be charged the current rate for the service(s) and will be renewed for the
same term the service(s) were last registered or renewed. To ensure continuation of service, please
be certain you have a valid credit card on file.
If you turn-off the Auto Renew feature, Network Solutions will send you several notices to ensure
you have enough time to renew your Country Specific Domain Names. To ensure continuation of
service, please be certain you have a valid e-mail address on file.
VII. Additional Terms.
1. .co.nz, .org.nz and .nz have a legal age requirement of eighteen (18) years of age.
2. Airline miles can not be earned with a purchase of ccTLD services.
3. .uk registry may, in its sole discretion, not allow the Private Registration service to be used by
businesses who register a .co.uk, .org.uk, and/or .me.uk country-specific domain name. Refunds
will not be given for the Private Registration services in this scenario.
4. No transfers or legal name changes are allowed for .co.uk, .org.uk., .me.uk., .de, .jp, .be, .at,
.co.nz, .net.nz, .org.nz, or .mx country-specific domain name registrations, which includes, but is
not limited to, CRA, RNCA, channel transfers, account consolidation by 2 or more users.
5. Customers registering a .de country-specific domain name must utilize the Network Solutions
proxy Administrative Contact settings if the Account Holder/Primary Contact or Account
Administrative Contact does not have a German address.
6. Failure to comply with any of the .co.uk, .org.uk., .me.uk., .de, .jp, .be, .at, .co.nz, .net.nz,
.org.nz, or .mx country-specific domain name terms and conditions will be considered breach of
contract and loss of domain name by, in its sole discretion, Network Solutions or the applicable
registry.
7. The Network Solutions Domain Protect Service is not applicable for .co.uk, .org.uk, .me.uk, .de,
.jp, .be, .at, .co.nz, .net.nz, .org.nz, .mx country-specific domain name registrations.
VIII. Additional Terms for .AU ccTLD. In addition to the terms set forth in Schedule A and above in
this Schedule, the following additional terms shall apply to registrants of domain names registered
in the .au country-code top-level domain.
Summary
The terms and conditions set forth below govern the registration of domain names in the .au
country-code top-level domain and are mandated by auDA (as defined below).
For purposes of this Schedule, the defined terms set forth below shall have the following meaning:
“auDA” means .au Domain Administration Limited ACN 079 009 340, the regulatory body
responsible for administering the .au ccTLD and its associated sub-domains.
“ccTLD” means country code top-level domain of the domain name system, corresponding to the
two-letter code of the ISO 1366 standard codes for the representation of name of country
territories. Thus, for example, the ccTLD for Mexico is “.mx” and the ccTLD for Japan is “.jp.” The
term “ccTLD” specifically excludes generic top-level domains now existing or identified by ICANN in
the future, including without limitation .com, .net,.org, .biz, .info, .name, .aero, .coop or .pro.
“Domain Name” means the domain name registered in the .au country-code top-level domain in
accordance with this Agreement.
“Domain Name Application” means an application by a Registrant for a Domain Name License, or
the renewal of an existing Domain Name License.
“Domain Name License” means the License to use a Domain Name for a specified period of time,
as evidenced by a certificate of registration issued by the Registrar to the Registrant.
“National Privacy Principles” has the same meaning as in the Privacy Act 1988 (Cth).
“Published Policies” means those specifications and policies established and published by auDA
from time to time, as the self-regulatory body responsible for the administration of the .au ccTLD, in
accordance with its constitution.
“Registrant” means a holder of, or an applicant for, a Domain Name License, and includes its
agent.
“Registrant Agreement” means this Agreement.
“Registrant Data” means the Registrant data submitted by the Registrar to the Registry.
“Registrar” means Network Solutions, LLC and its wholly owned subsidiaries.
1. REGISTRAR'S AGENCY.
The Registrar agrees and covenants to act as agent for auDA for the sole purpose, but only to the
extent necessary, to enable auDA to receive the benefit of rights and covenants conferred to them
under this Registrant Agreement.
2. REGISTRATION OF DOMAIN NAMES
2.1 A Domain Name Application must be in the form prescribed under the Published Policies. The
Domain Name must comply with the Published Policies.
2.2 The Registrar and the Registrant do not have any proprietary right arising from:
2.2.1 the registered Domain Name; or
2.2.2 the entry of a Domain Name in the Registry Database.
2.3 All personal information pertaining to the Registrant is held by auDA for the benefit of the
Australian public.
3. CONSENT TO USE REGISTRANT INFORMATION
3.1 The Registrant grants to auDA, the right to publicly disclose to third parties, all information
relating to the registered Domain Names in accordance with the Published Policies which are
available on auDA's website http://www.auda.org.au.
3.2 The Registrant grants to the Registrar, the right to disclose to the Registry Operator, all
information which are reasonably required by the Registry Operator in order to register the Domain
Name in the Registry.
3.3 The Registrant grants to the Registry Operator, the right to publicly disclose to third parties, all
information relating to the registered Domain Name to enable the Registry Operator to maintain a
public WHOIS service, provided that such disclosure is consistent with:
3.4 the National Privacy Principles; and
3.5 auDA's Published Policies.
4. CHANGE OF REGISTRARS
4.1 The Registrar must ensure that the Registrant can easily transfer registered Domain Names to
another registrar in accordance with the Published Policies. The Published Policies include, but are
not limited to, such matters as:
4.1.1 the maximum fees chargeable by the Registrar;
4.1.2 when fees are not chargeable by the Registrar;
4.1.3 the conditions pursuant to which the Registrar must transfer; and
4.1.4 the conditions pursuant to which the Registrar does not have to transfer.
4.2 In the event that:
4.2.1 the Registrar is no longer a registrar; or
4.2.2 the Registrar's auDA Accreditation is suspended or terminated; or
4.2.3 the Registrar Agreement is terminated by auDA, the Registrant is responsible for transferring
the registered Domain Name to a new registrar in accordance with the Published Policies within 30
days of written notice being provided to the Registrant by auDA.
4.3 In the event that the Registrar Agreement between auDA and the Registrar is terminated, the
Registrar must not charge the Registrant any fee for the transfer of the registered Domain Name to
another registrar.
5. REGISTRAR'S OTHER OBLIGATIONS
5.1 The Registrar must immediately give written notice to the Registrant if:
5.1.1 the Registrar is no longer a registrar; or
5.1.2 the Registrar's auDA Accreditation is suspended or terminated; or
5.1.3 the Registrar Agreement is terminated by auDA.
5.2 auDA may post notice of:
5.2.1 the fact that the Registrar is no longer a registrar;
5.2.2 the suspension or termination of a Registrar's auDA Accreditation; or
5.2.3 the termination of the Registrar Agreement between auDA and the Registrar on its web site
and may, if it considers appropriate, give such notice to the Registrant.
6. REGISTRANT'S OTHER OBLIGATIONS
6.1 Throughout the Term of the Registrant Agreement, the Registrant must:
6.1.1 comply with the Published Policies;
6.1.2 give notice to the Registry Operator, through the Registrar, of any
change to any information in the Registrant Data.
6.2 The Registrant must not, directly or indirectly, through registration or use of its
Domain Name or otherwise:
6.2.1 register a Domain Name for the purpose of selling it;
6.2.2 register a Domain Name for the purpose of diverting trade from another business or web site;
6.2.3 deliberately register misspellings of another entity's company or brand name in order to trade
on the reputation of another entity's goodwill; and
6.2.4 register a Domain Name and then passively hold a Domain Name License for the purpose of
preventing another registrant from registering it.
6.3 The Registrant must not in any way:
6.3.1 transfer or purport to transfer a proprietary right in any domain name registration;
6.3.2 grant or purport to grant a registered domain name as security; or
6.3.3 encumber or purport to encumber a domain name registration.
7. DISPUTE RESOLUTION
7.1 auDA currently has in place a dispute resolution policy called auDRP (the .au Dispute Resolution
Policy) which applies in the event of disputes between a registrar and a registrant, or between a
registrant and a third party, in relation to entitlements to domain names in .au. The auDRP binds
the Registrar and the Registrant as if it were incorporated in the Registrant Agreement.
7.2 The Registrant acknowledges that auDA may develop and implement other dispute resolution
policies which are accessible by the Registrant as an alternative and further to any complaints
handling procedure prescribed by the Registrar. Such policies bind the Registrar and the Registrant
as if they were incorporated in the Registrant Agreement.
8. REGISTRANT WARRANTIES
8.1 The Registrant warrants that it meets, and continues to meet, the eligibility criteria prescribed in
auDA's Published Policies for registering a Domain Name. In the event that the Registrant ceases to
meet such eligibility criteria, the Domain Name License may be terminated by either the Registrar
or auDA.
8.2 The Registrant warrants that it has not previously submitted a domain name which is the same
as the Domain Name for registration with another registrar where:
8.2.1 the Registrant is relying upon the same eligibility criteria for both domain names; and
8.2.2 the Domain Name has previously been rejected by the other registrar.
9. LIABILITIES
9.1 The Registrant must not pursue any claim against auDA, and auDA is not liable for any direct,
indirect, special, punitive, exemplary or consequential damages, including but not limited to
damages resulting from loss of use, lost profits, lost business revenue or third party damages
arising from any breach by the Registrar of its obligations under the Registrant Agreement or the
Registrar Agreement between auDA and the Registrar.
9.2 The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to
auDA, entitling auDA to terminate the Registrar Agreement between auDA and the Registrar, auDA
may in its sole discretion terminate the Registrar Agreement.
9.4 Notwithstanding any other provision of this document and to the fullest extent permitted by law,
auDA will not be liable to the Registrant for consequential, indirect or special losses or damages of
any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption
or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of auDA,
its employees, agents or sub-contractors.
9.5 Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.
10. WARRANTY STATEMENT
In addition to any other warranties set forth in this Agreement, Registrant (a) represents and
warrants that all information provided to Registrar, and all supporting documents provided to
Registrar, are true, accurate and complete, (b) authorizes Registrar to contact third parties,
investigate, request and obtain additional information and documentation and otherwise verify the
information contained in its Domain Name Application, (c) waives any and all liability on the part of
the Registrar for any and all actions taken by Registrar in verifying the information provided in
Registrant’s Domain Name Application, (d) waives any and all liability on the part of the Registrar
related to or arising from the acceptance or rejection of Registrant’s Domain Name Application on
the basis of any false or misleading information contained in any such application, (e) acknowledges
that if its Domain Name Application is accepted on the basis of any false or misleading information
contained therein that auDA reserves the right to cancel any such Domain Name License at any
time in its sole discretion, and (f) acknowledges that its entitlement to the Domain Name may be
challenged by a third party with legitimate rights in and to such Domain Name.
SCHEDULE C TO NETWORK SOLUTIONS SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .BIZ TLD.
In addition to the terms set forth in Schedule A, the following terms shall apply to .biz domain
names.
1. Additional Representations and Warranties. If you are applying for the registration of a domain
name in the .biz top-level domain (“TLD”), you also represent and warrant that: (i) the 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 selling, trading or leasing the domain name for
compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation;
and (ii) the domain name is reasonably related to your business or intended commercial purpose at
the time of registration.
2. Acknowledgment of Dispute Policies and Rules. The registrant acknowledges having read and
understood and agrees to be bound by the terms and conditions of the following documents, as they
may be amended from time to time, which are hereby incorporated and made an integral part of
this Agreement:
(i) The Uniform Domain Name Dispute Policy, available at
http://www.icann.org/udrp/udrp.htm;
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html;
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at
http://www.neulevel.com/countdown/rdrp.html.
If at the time of your application for services in the .biz TLD, any of the above policies or rules
(collectively “.biz Policies”) have not yet been approved by ICANN (which may mean the .biz Policies
are not available for viewing via live hyperlinks above), you agree to be bound by the terms of such
.biz Policies upon such approval and in the final form approved by ICANN, as posted on our Web site
or the ICANN Web site (located at www.icann.org). You agree that, by maintaining the services
provided hereunder (which may include registration of a domain name) after such posting of any of
the ICANN approved .biz Policies, you have agreed to the terms and conditions of the same. You
acknowledge that if you do not agree to the .biz Policies, you may terminate this Agreement. We
will not refund any fees paid by you if you terminate your Agreement with us.
3. Registry Actions or Inactions. Our ability to provide services to you depends in part upon the
provision of services by third parties, such as the .biz registry. We cannot control and will not be
responsible for the actions or inactions of such third parties. For example, the .biz registry has
reserved the right to deny, cancel or transfer any domain name registration under certain
circumstances. You acknowledge and agree that we shall not be liable to you or any other party in
connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result
of actions taken or not taken by third parties, including, but not limited to, the .biz registry.
4. Multiple Phases of Services. Your application or registration (whether successful or not) for any
.biz registry or .biz TLD services hereunder does not guarantee, and we do not promise, that you
will be approved or eligible for any other services available or that may become available through us
or any third party. For example, certain services in the .biz TLD are provided in sequential phases,
and participation in one phase, does not automatically qualify you for participation in other phases,
and any further participation is not automatic. The .biz registry, and not Network Solutions,
determines the dates and times associated with the various service phases available in the .biz TLD.
You agree to review and become familiar with the information available on our Web site and on the
.biz Web site concerning the various phases and descriptions of services available in connection with
.biz TLD, and to regularly check for modifications and/or updates to such information, as the same
may change from time to time. You agree that you are solely responsible for applying and/or
registering for the service phases you desire to participate in. Additionally, you acknowledge and
agree that submission of an application for domain name registration or any other services, does
not guarantee that you will ultimately be the registrant for a particular domain name, even if you
participated in some other service associated with the domain name, such as an intellectual
property notification service or similar service.
5. Additional Acknowledgments Concerning Customer Information. You also acknowledge and
agree that Network Solutions will share with the .biz registry certain information submitted by you
in your application(s) for our services, as required by our agreement(s) with the .biz registry or to
provide the services you have applied for. You acknowledge and agree that any information we
share with the .biz registry may be used by them to fulfill the .biz registry’s service obligations to us
or any third party. You hereby grant us and the .biz registry a limited, royalty-free, non-exclusive
worldwide license to use all of the data contained in a Trademark
6. Disclaimer Concerning Intellectual Property Notification Service. Your participation in an
intellectual property notification service or similar service DOES NOT PROVIDE YOU WITH ANY
INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS, NOR DOES IT PROVIDE YOU WITH
ANY RIGHTS TO ANY PARTICULAR DOMAIN NAME REGISTRATION. THIS IS A NOTIFICATION
SERVICE ONLY. EVEN IF YOU PARTICIPATE IN THIS SERVICE, YOU MUST STILL SUBMIT AN
APPLICATION FOR DOMAIN NAME REGISTRATION SERVICES TO BE ELIGIBLE TO BECOME THE
REGISTRANT FOR THE DESIRED DOMAIN NAME(S).
7. Survival of Terms. You agree that the indemnity provisions set forth in this Schedule shall
survive any termination of the Agreement.
8. Terms of Use for IP Claim Service. The following additional terms apply specifically to the
Intellectual Property Claim Service (in this Section 8 of this Schedule, the “Claim Service”) made
available in the .biz TLD. For purposes of this Section 8, “Owner” shall mean the owner of a
registered or common law trademark or service mark and “Agent” shall mean the duly authorized
agent of an Owner (collectively “You”), and “Registrar” shall mean Network Solutions. These Terms
of Use will continue to apply to all past use of the Claim Service by You, even if You are no longer
using the Claim Service. You acknowledge and agree that Registrar may terminate or block Your
use of all or part of the Claim Service without prior notice for any reason, including, without
limitation, if Registrar believes You have engaged in conduct prohibited by these Terms of Use.
(a). The Claim Service. Registrar provides the Claim Service to holders of both registered and
common law trademarks or service marks (collectively “Trademarks”). During the domain name
application process, applicants for a .biz domain name (“Applicants”) will be notified of an Owner’s
alleged intellectual property rights in a Trademark if the domain name contained in the domain
name application is an exact match of the Trademark identified in an IP Claim (as defined below)
submitted by Owner. You may review frequently asked questions regarding the Claim Service by
reviewing our FAQs.
(b). License to Use Data / Privacy. By submitting an IP Claim, You hereby grant Registrar, as well as
any of its agents or subcontractors, and the .biz registry, a limited, royalty-free, non-exclusive
worldwide license to use all of the data contained in the IP Claim solely for the purposes of
implementing the Claim Service, processing Your IP Claim, notifying Applicants of Your IP Claim,
and for notifying You of changes to the Claim Service, and for archival purposes.
(c). The IP Claim Process. In order to submit a claim with respect to a Trademark or Trademarks
(“IP Claim”) through the Claim Service, You must complete an IP Claim form for each Trademark.
For each IP Claim, You must submit complete contact information, representative contact
information and notification details, and the details regarding the Trademark. You may specify in the
representative field that an Agent may receive legal correspondence regarding the IP Claim. Once
You have submitted an IP Claim, you will receive a confirmation email and a claim number. You
must retain the claim number for each IP Claim You submit. Registrar will accept IP Claims until July
9, 2001, or such later date as it may determine in its sole discretion (“Close of Phase I”) and no IP
Claims will be accepted after that date. From the Close of Phase I until September 25, 2001 (“Phase
2”), or such other later date as Registrar may choose, in its sole discretion, the domain name
applications from ICANN-approved registrars (“Applications”) will be compared with the database of
IP Claims processed through the Claim Service (“IP Claim Database”). For each exact match
between an IP Claim in the IP Claim Database and a domain name application, the Registry
Operator for .Biz (“Registry Operator”) will notify the Applicant that a third party or third parties
have submitted an IP Claim for the exact Trademark. The email notification to the Applicant will
include, among other things, the information provided by Owner in the IP Claim, instructions on
how to proceed with the registration process, and that if selected during the randomized name
selection phase (“Name Selection Phase”), the domain name will be placed on a temporary thirty
(30) day hold when the Registry goes “live.” The Applicant will have the option to proceed with the
Application or cancel the Application. If the Applicant does not respond to the email notification, or
elects to cancel the Application, the Applicant’s domain name application will not be processed
during the Name Selection Phase. If the Applicant chooses to proceed with the registration process
and the name is selected during the Name Selection Phase, that domain name automatically will be
placed on a thirty (30) day “hold period” when the name is registered. After Name Selection, the
Owner will be notified by Registry Operator if an Applicant has successfully registered the domain
name. The Owner will then have the option of contacting the Applicant and finding a solution or
using the guidelines set forth by a special dispute resolution process called the Start-up Trademark
Opposition Policy (“STOP”) (formerly referred to as the Start-up Dispute Resolution Policy or
“SUDRP”) (information available at http://www.neulevel.com/countdown/stop.html), or the Uniform
Domain-Name Dispute Resolution Procedures (“UDRP”) (information is available at
http://www.icann.org/udrp/udrp-policy-24oct99.htm). You will not be notified if there are no
Applications that exactly match an IP Claim You submitted in the IP Claim Database.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL BE AWARDED THE .BIZ
EXTENSION FOR ITS TRADEMARK. AN OWNER THAT WISHES TO OBTAIN A .BIZ EXTENSION FOR
ITS TRADEMARK MUST FILE A DOMAIN NAME APPLICATION. DOMAIN NAME APPLICANTS WILL
ONLY BE NOTIFIED OF APPLICATIONS THAT ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED
IN AN IP CLAIM FORM. REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP
CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID TRADEMARK, NOR WILL
REGISTRAR PROVIDE ANY LEGAL OVERSIGHT OR ADJUDICATION FOR ANY DISPUTED
INTELLECTUAL PROPERTY IMPLICATED BY THE SERVICE.
(d). Conduct. You agree to be bound by the applicable provisions of the Network Solutions
Acceptable Use Policy, incorporated herein and made part of this Agreement by reference, in
connection with your use of the services described in this Schedule.
(e) Fees. As consideration for the Claim Service, Registrar, or its agents or subcontractors may
require you to submit and pay for each IP Claim individually or it may allow you store up a certain
number of IP Claims before submitting them for processing. Once you have stored that number of
IP Claims, you may not be able to store any additional IP Claims and may need to submit them for
processing and pay the applicable fee before obtaining additional storage space. No refunds are
permitted.
(f). Links. Some links on the Claim Service lead to sites posted by independent site owners. Because
Registrar has no control over these sites, it cannot be responsible for such sites’ accessibility via the
Internet and does not endorse products, services, or information provided by such sites. As such,
Registrar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with, use or reliance on any content, goods or services
available on or through any other site. Further, the inclusion of these links does not imply that the
other sites have given permission for inclusion of these links, or that there is any relationship
between Registrar and the linked sites.
(g). Modifications to the Claim Service. Registrar reserves the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Claim Service (or any part thereof)
with or without notice. You agree that will not be liable to You or to any third party for any
modification, suspension, or discontinuation of the Claim Services.
(h). Third Party Beneficiary. Registry Operator (“NeuLevel”) is an intended third party beneficiary of
these Term and Conditions with rights to enforce these Terms of Use. You will cooperate in good
faith with NeuLevel or Registrar in investigating instances of non-compliance with these Terms of
Use, if NeuLevel or Registrar believes in good faith that you are not in compliance with these Terms
of Use.
(i). You agree that Registrar and Registry Operator are not responsible for checking, verifying or
editing message content or completeness, or for detecting errors or anomalies, or for recreating or
re-transmitting data.
SCHEDULE D TO NETWORK SOLUTIONS SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .INFO TLD.
In addition to the terms set forth in Schedule A above, the following terms shall apply to .info
domain names.
1. Additional Provisions. You acknowledge and agree to the following: (i) you acknowledge and
agree that Network Solutions will share with the .info registry certain information submitted by you
in your application(s) for our services, and you consent to the use, copying, distribution,
publication, modification and other processing of your personal data by the .info registry and its
designees and agents in connection with the .info registry’s service obligations to us or third parties,
or as otherwise deemed necessary by the .info registry; (ii) you agree to submit to proceedings
commenced under the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Sunrise
Dispute Resolution Policy (“SDRP”) (available at http://www.afilias.info/faq/sunrise-challenge.html),
as these may be modified from time to time; (iii) you agree to immediately correct and update the
registration information for any domain name registered hereunder during the registration term for
such registered domain name; and (iv) you acknowledge that the .info registry 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 domain name during these periods, and (b) the results of any
dispute over a “Sunrise Registration.”
If at the time of your application for services in the .info TLD, the SDRP has not yet been approved
by ICANN (which may mean the SDRP is not available for viewing via live hyperlink above), you
agree to be bound by the terms of the SDRP upon such approval and in the final form approved by
ICANN, as posted on our Web site or the ICANN Web site (located at http://www.icann.org). You
agree that, by maintaining the services provided hereunder after such posting of any of the ICANN
approved SDRP, you have agreed to the terms and conditions of the same. You acknowledge that if
you do not agree to the SDRP, you may terminate this Agreement. We will not refund any fees paid
by you if you terminate your Agreement with us.
2. Registry Actions or Inactions. Our ability to provide services to you depends in part upon the
provision of services by third parties, such as the .info registry. We cannot control and will not be
responsible for the actions or inactions of such third parties. For example, the .info registry has
reserved the right to refuse or cancel any Sunrise Registration at any time and to request additional
information relating to a Sunrise Registration. You acknowledge and agree that we shall not be
liable to you or any other party in connection with claims, damages, losses, expenses or costs
incurred or suffered by you as a result of actions taken or not taken by third parties, including, but
not limited to, the .info registry.
3. No Guarantee on Registration. The .info registry, and not Network Solutions, determines the
dates and times associated with the various service periods available in the .info TLD. You agree to
review and become familiar with the information available on our Web site and on the .info Web site
concerning the various periods and descriptions of services available in connection with .info TLD,
and to regularly check for modifications and/or updates to such information, as the same may
change from time to time. You agree that you are solely responsible for applying and/or registering
for the service periods you desire to participate in. You acknowledge and agree that submission of
an application for domain name registration or any other services (regardless of when submitted),
does not guarantee that you will ultimately be the registrant for a particular domain name.
4. Disclaimer Concerning Intellectual Property Protection. Your application for a Sunrise
Registration DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS OR
REGISTRATIONS.
SCHEDULE E TO NETWORK SOLUTIONS SERVICE AGREEMENT
SPECIAL NOTICE AND DISCLAIMER FOR MULTILINGUAL DOMAIN NAME REGISTRATIONS
In addition to the terms set forth in Schedule A, the following terms shall apply to Multilingual
Domain Names (“MDN”). We currently are making MDN registration services available to you as part
of our participation in a test bed ("Test Bed") being conducted by VeriSign Global Registry Services
for the purpose testing proposed standards for deployment of MDN technology and to provide
operational experience with those proposed standards.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE ENCODING SCHEMES,
PROTOCOLS AND OTHER MDN-ENABLING TECHNOLOGIES, WHETHER PROVIDED BY US OR
OTHERWISE, WILL BE APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE
SUCCESSFULLY DEPLOYED. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE TEST BED WILL
CONTINUE OR THAT OUR MDN REGISTRATION SYSTEM WILL INTEROPERATE PROPERLY WITH THE
CURRENT OR FUTURE TEST BED OR THE MDN-ENABLING TECHNOLOGIES OF OTHERS.
You assume all risks inherent in the experimental nature of this service and the technologies
supporting it. The encoding schemes, protocols and other MDN-enabling technologies are not within
our control and are subject to change without notice. You assume all risks that such changes may
impair or prevent your ability to use the MDN you have registered. You further understand and
agree that we may interrupt or deny MDN registration services to you, temporarily or permanently,
as a result of such changes. You further assume all risks that the Internet addressing system will
not recognize an MDN you have registered or otherwise will not enable such MDN to function as an
Internet address.
We may, but shall not be obligated to, make any and all modifications to an MDN registration,
including without limitation changing the MDN's ASCII-based translation, that we deem necessary or
appropriate for the purpose of bringing an MDN registration into conformance with evolving
technical standards. Such modifications may be made without notice to you. In the event we elect
to make such modifications, you agree to hold us harmless from any claims, liabilities or demands
arising from such modifications. Before registering an MDN, we strongly recommend that you review
and become familiar with the "Multilingual Domain Name Position Paper," published on the website
of VeriSign Global Registry Services, currently located at the following url: http://www.verisign-grs.
com.
You specifically acknowledge and agree that an MDN shall be considered a domain name for
purposes of the Domain Name Dispute Policy and the provisions relating thereto in this Agreement.
Notwithstanding anything to the contrary contained in the Domain Name Dispute Policy, you agree
that during the Test Bed we may terminate your registration of an MDN in our sole discretion
without notice to you if, within 45 days of your registration, we receive a formal, written objection
to the registration by any legitimate authority, including without limitation a trademark owner or
governmental entity. Our right of termination under this provision shall continue until such time as:
(1) VeriSign Global Registry Services publicly announces that its Test Bed is complete; and (2) we
determine in our sole discretion that all of the encoding schemes, protocols and other MDN-enabling
technologies that are used to provide your MDN registration services have been approved by
appropriate standard-setting bodies.
SCHEDULE F TO NETWORK SOLUTIONS SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .NAME TLD.
In addition to the terms set forth in Schedule A above, the following terms shall apply to .Name
domain names.
1. Eligibility Requirements. You represent and warrant that every registration you are applying for
in the .name top-level domain (“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.
2. Dispute Resolution Policies. You agree that every service for which you register is subject to the
Uniform Domain Name 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. Limitation of Liability. In addition to the other limitations of liability contained herein, you agree
that neither the .name registry nor Network Solutions 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 Network Solutions 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. Registry Actions or Inactions. Our ability to provide services to you depends in part upon the
provision of services by third parties, such as the .name registry. We cannot control and will not be
responsible for the actions or inactions of such third parties. You acknowledge and agree that we
shall not be liable to you or any other party in connection with claims, damages, losses, expenses or
costs incurred or suffered by you as a result of actions taken or not taken by third parties, including,
but not limited to, the .name registry.
SCHEDULE G TO NETWORK SOLUTIONS SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .US TLD.
In addition to the terms set forth in Schedule A above, the following terms shall apply to .US
domain names.
1. Nexus Requirements/Certification. You certify that you have and shall continue to have a lawful
bona fide U.S. nexus, as required by the .US top-level domain (“TLD”) administrator, NeuStar, Inc.
(“.US Registry”), and that you meet all of the .US nexus requirements (“.US Nexus Requirements”)
set forth below (and as represented by you in the registration application information provided by
you to Network Solutions). You must be (and you certify that you are) either:
A. A natural person (i) who is a United States citizen, (ii) a permanent resident of the
United States of America or any of its possessions or territories, or (iii) whose primary place of
domicile is in the United States of America or any of its possessions [Nexus Category 1]; or
B. 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 [Nexus Category 2]; or
C. 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
of America or any of its possessions or territories [Nexus Category 3]. If you are claiming Nexus
Category 3, you certify that you have a “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.
2. Name Servers Certification. You certify that the name servers listed by you in connection with
your application for domain name registration services in the .US TLD are located within the United
States.
3. Your obligation to satisfy Nexus Requirement. You acknowledge and agree that it is your
responsibility, through the registration process (and, if applicable, as required subsequent to your
application), to provide the information necessary to satisfy the .US Nexus Requirements, and that
a failure by you to satisfy the .US Nexus Requirements may result in, among other things, (i) the
domain name application(s) being rejected by Network Solutions and/or the .US Registry, (ii) the
domain name(s) being placed on “hold” by Network Solutions and/or the .US Registry, and/or (iii)
the domain name(s) being deleted by Network Solutions and/or the .US Registry. Neither Network
Solutions nor the .US Registry (nor any other entity or person) shall be liable to you for any actions
or inactions of any of them resulting from your failure to provide all required .US Nexus
Requirements information at the time of registration (or, where applicable, subsequent to
registration), and none of them shall have any obligation to request or attempt to obtain from you
additional information to establish your compliance with the .US Nexus Requirements, even if the
need for such information is known by any of them.
4. Nexus Dispute Policy. You agree to be bound by the Nexus Dispute Policy (“NDP”) administered
by the .US Registry (or a third party designated by the .US Registry), which policy and its applicable
forms are located on the .US Registry’s web site at the URL: http://www.neustar.com/. You agree
to abide by all decisions rendered by the .US Registry (or its third party designee) in connection
with the NDP.
5. Dispute Resolution Policy. You agree that you are bound by the United States Dispute
Resolution Policy set forth on the .US Registry’s website at the URL: www.neustar.com.
6. Registry Actions or Inactions. Our ability to provide services to you depends in part upon the
provision of services by third parties, such as the .US Registry. We cannot control and will not be
responsible for the actions or inactions of such third parties. You acknowledge and agree that we
shall not be liable to you or any other party in connection with claims, damages, losses, expenses or
costs incurred or suffered by you as a result of actions taken or not taken by third parties, including,
but not limited to, the .US Registry (for example, the .US Registry reserves the right to deny,
delete, transfer or freeze any domain name registration for a variety of reasons, none of which
Network Solutions can control).
7. Accurate Information. Without limiting the other provisions of the Agreement, your willful or
grossly negligent provision of inaccurate or unreliable information, or your willful or grossly
negligent failure promptly to update information provided to Network Solutions shall constitute a
material breach of this Agreement and shall be a basis for cancellation of the domain name(s)
applied for hereunder.
8. Application Submission. You acknowledge and agree that Network Solutions (as the parent
company) will be submitting your .US domain name application(s) to the .US Registry through .US
Registrar L.L.C., and that all applications submitted by you hereunder (except for Sunrise
applications, where applicable) will be submitted by .US Registrar L.L.C. on or after the date upon
which the .US Registry goes live.
SCHEDULE H TO NETWORK SOLUTIONS SERVICE AGREEMENT
PRIVATE REGISTRATION SERVICE
1. Private Registration Service. When you subscribe to Network Solutions Private Registration
Service, you authorize and direct Network Solutions to (a) display alternate contact information in
the public WHOIS database for the Registrant, Administrative, and Technical Contacts for the
applicable domain name registration, and (b) not display the fax number and NIC Handle associated
with your account for the applicable domain name.
2. Communications Forwarding.
a. By subscribing to the Private Registration Service, you authorize and direct Network Solutions to
process communications directed to you at the contact information displayed in the public WHOIS
database as follows:
(i) E-mail Address. A private e-mail address that will automatically change in the public WHOIS
database every ten (10) days is created for the applicable domain name and will be displayed in the
public WHOIS database. Messages received at the e-mail address posted in the public WHOIS
database will be filtered for SPAM and forwarded to the e-mail address associated with your account
for the applicable domain name. Once an e-mail address is removed from the public WHOIS
database it will no longer be a valid e-mail address for the receipt messages. You acknowledge that
you may not receive messages sent to an expired e-mail address.
(ii) Postal Address. A P.O. Box address in care of Network Solutions will be the postal address
displayed in the public WHOIS database for the applicable domain name. You hereby authorize
Network Solutions to receive, sort, open, forward, and destroy any and all mail sent to such P.O.
Box in its sole discretion. Mail received via Certified Mail® or Express Mail™ will be opened and all
such mail that can be scanned will be scanned and sent to you via the e-mail address associated
with the account for the applicable domain name. You acknowledge that you will have five (5) days
from the date such Certified Mail® or Express Mail™ is sent to you via e-mail to request in writing
that a copy of such scanned mail be forwarded to you via postal mail at your expense. You
acknowledge that unless you direct us otherwise in writing within such five (5) day period, all such
mail will be destroyed five (5) days after a scanned copy is sent to you via e-mail. All mail that is
unable to be scanned will be forwarded to you via postal mail at Network Solutions' expense at the
postal address associated with the account for the applicable domain name. You specifically
acknowledge that Network Solutions will destroy all third class and "junk" mail upon receipt and will
either discard all such other communications received or return the same to the sender unopened.
You hereby waive any and all claims arising from your failure to receive communications directed to
your domain name contact information displayed in the public WHOIS database but not forwarded
to you by Network Solutions.
(iii) Telephone Number. A telephone number that is answered by a Network Solutions answering
service will be displayed in the public WHOIS database for the applicable domain name. Callers will
be informed of how to contact you using the information displayed in the public WHOIS database.
b. You acknowledge and agree that by subscribing to our Private Registration Service that you will
not receive all communications sent to you at the contact information listed in the public WHOIS
database. You acknowledge and agree that Network Solutions disclaims any and all loss or liability
that may result from your use of our Private Registration Service and/or your failure to receive
important correspondence sent to you at the contact information displayed in the public WHOIS
database, including, but not limited to, legal notices or UDRP complaints.
c. You agree that if you opt to have mail forwarded to you in accordance with Section 2(ii) above,
that you are responsible for paying all fees and costs associated with Network Solutions providing
such forwarding services. Network Solutions will inform you via e-mail of the applicable shipping
costs, and the credit card associated with your account for the applicable domain name will be
charged. The credit card transaction must be successful prior to us forwarding the correspondence
to You. You are solely responsible for maintaining current and accurate credit card information on
file with Network Solutions, including the expiration date for such credit card.
3. Network Solutions Right To Disclose Your Contact Information and Terminate the Private
Registration Service. You acknowledge and agree that Network Solutions has the absolute right and
power, as it deems necessary in its sole discretion, without providing notice and without any liability
to you whatsoever, to (a) reveal to third parties the contact information provided by you to Network
Solutions in connection with the account for the applicable domain name, (b) populate the public
WHOIS database with the registrant's name, primary postal address, e-mail address and/or
telephone number as provided by you to Network Solutions, or (c) terminate your subscription to
our Private Registration Service:
(i) if any third party claims that the domain name violates or infringes a third party's trademark,
trade name or other legal rights, whether or not such claim is valid;
(ii) to comply with any applicable laws, government rules or requirements, ICANN policies or
requirements, subpoenas, court orders, requests of law enforcement or government agencies; or
(iii) if any third party threatens legal action against Network Solutions that is related in any way,
directly or indirectly, to the domain name, or claims that you are using the domain name
registration in a manner that violates any law, rule or regulation, or is otherwise illegal or violative
of a third party's legal rights.
4. Supplemental Terms and Conditions. The terms and conditions of this Schedule H are in addition
to the terms and conditions of all other Schedules to this Service Agreement related to domain
name registration services.
SCHEDULE I TO SERVICE AGREEMENT
CHANGE OF REGISTRAR SERVICE
1. In addition to the terms in Schedule A (and the other applicable Schedules, if any, of the
Agreement), the terms of this Schedule shall apply to all applications for a change of registrar to
Network Solutions. . The term "domain name" refers to the domain name identified in your Change
of Registrar Application. The term "updated registrant" refers to the person or entity identified as
the updated registrant in your Change of Registrar Application, if any.
2. You represent and warrant that: (a) the information provided to Network Solutions in connection
with your application is accurate and complete; (b) you are the rightful holder of the registration for
the domain name; (c) the registrar of record for the domain name as of the date of this request is
the current registrar; (d) you are not in default on any obligations you may owe to the current
registrar; (e) you are not the subject of any pending bankruptcy proceedings; (f) you are not party
to any dispute resolution proceeding concerning your use or registration of the domain name; (g)
you are not in default on any obligations you may owe to Network Solutions; (h) the domain name
is not the subject of any collection proceedings, including garnishment, attachment, levy or
otherwise. The individual submitting this request represents and warrants that he/she is authorized
to request a change of registrar and to apply for our registrar services.
3. You request that we provide registrar services for the domain name. In furtherance of your
request, you have applied for our registrar services. We will have no responsibilities as registrar of
the domain name unless and until we send you or the updated registrant, as appropriate, notice of
acceptance of the Application.
4. You authorize us to take all actions necessary to become the registrar for the domain name,
including transmitting to the appropriate Registry a request to change the Registry database to
reflect Network Solutions as the registrar of record. You acknowledge and agree that we shall not be
responsible for any legal obligations you may owe to any third party, including the current registrar.
You further acknowledge and agree that you are not entitled to a credit from us for any sums you
may have paid the current registrar. You agree to release, indemnify, and hold us and our
contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims
and expenses, including attorneys fees, of third parties arising under this Agreement.
SCHEDULE J TO SERVICE AGREEMENT
REGISTRANT NAME CHANGE AGREEMENT
1. The following additional terms and conditions (the "Registrant Name Change Agreement" or
"RNCA") apply to any change of the registrant (account holder's) name for a second-level domain
name ("Registrant Name Change"), and, unless specifically noted otherwise below, apply to you
whether you are listed as the registrant before the change (the "Current Registrant") or after the
change (the "New Registrant"). The domain name for which this RNCA is being processed shall be
referred to in this Schedule as the "Domain Name." The RNCA shall not be effective until both the
Current Registrant and the New Registrant have indicated their agreement to the terms and
conditions of the Agreement (which includes the terms and conditions of this Schedule). Nothing
contained in this Schedule shall be construed as an assignment of the Current Registrant's rights
under the Agreement. As used in this Schedule (as in the General Conditions), the word
"Agreement" shall mean the Network Solutions Service Agreement of which this Schedule is a part.
2. The terms in this section apply only to the Current Registrant. You agree that you and
Network Solutions are currently parties to the Agreement for the registration of the Domain
Name(s). You hereby relinquish your registration of the Domain Name(s) and discharge Network
Solutions from all obligations under the Agreement, and you release Network Solutions from all
claims, liabilities or demands arising from the Agreement. You further acknowledge and agree that
you are not entitled to a refund of any fees you may have paid to Network Solutions. You hereby
authorize Network Solutions to take all steps necessary to register the Domain Name(s) to the New
Registrant, including without limitation, disassociating the Domain Name(s) from the host servers
designated by you without further notice. You represent and warrant that you possess the authority
to legally bind the Current Registrant of the Domain Name(s) being transferred.
3. The terms in this section apply only to the New Registrant. You acknowledge that you have
reviewed and you understand the terms, conditions, representations and warranties of the
Agreement in effect as of the date of your application to become the New Registrant. By applying
for this Registrant Name Change, you agree to be bound by and to perform in accordance with the
terms and conditions of the Agreement, which includes Network Solutions' current Domain Name
Dispute Policy. You also reaffirm the accuracy and completeness of all of the information submitted
for the Registrant Name Change. Your registration of the Domain Name(s) shall be effective upon
Network Solutions' transmission of an acknowledgement to you that the Domain Name(s) has been
registered to the New Registrant. You agree to pay Network Solutions the RNCA processing fee set
forth on our Web site, if any, by providing appropriate credit card information as requested. You
represent and warrant that you are the New Registrant or possess the authority to legally bind the
New Registrant of the Domain Name(s) being transferred. You acknowledge and agree, that unless
you register additional registration years for the Domain Name(s), the term of your registration of
the Domain Name(s) will be equal to the remaining term of the Current Registrant at the time of the
Registrant Name Change.
SCHEDULE K TO NETWORK SOLUTIONS SERVICE AGREEMENT
NEXT REGISTRATION RIGHTS SUBSCRIPTION SERVICE
1. Next Registration Rights Service Subscription - Pre-order. When you pre-order a Next
Registration Rights Service ("NRRS") subscription, you are authorizing us to attempt to obtain a
NRRS subscription (as described on our Web site and herein) for you if and when the applicable
registry launches its underlying back-order service (the "go-live date"). If we are successful in
obtaining the NRRS subscription for you, you agree that we are authorized to then charge your
credit card for the fees described on our Web site at the time of your Pre-order application.
Successful NRRS subscriptions will be subject to the terms of the Agreement, including this
Schedule.
2. Next Registration Rights Service Subscription - After Go-Live Date. After the go-live date, when
you apply for a subscription for the Network Solutions® NRRS (or if you have previously submitted
a pre-order for our NRRS), we will contact the applicable registry and attempt to obtain for you the
exclusive right to register the domain name selected and indicated by you in your application should
that domain name become available for registration by a third-party during the term of your NRRS
subscription. In the event we are successful in obtaining for you the NRRS subscription for your
chosen domain name, you acknowledge and agree that we are authorized to charge your credit card
for the fees described on our Web site at the time of your purchase. Thereafter, during the term of
your subscription, if the domain name for which you purchased a NRRS subscription becomes
available for registration, we will register that domain name in your name, subject to the terms and
conditions of the Agreement (including, but not limited to, the terms and conditions related to
domain name registration). You acknowledge and agree that if your application is successful and the
domain name you have selected becomes available for registration during the term of your NRRS
subscription, the domain name will be registered to you pursuant to the terms and conditions of this
Agreement and that you will be bound by the same.
3. No Guarantees. We make no guarantees, representations or warranties that a subscription for
the service will be available now or in the future, or that the domain name for which you purchase
our NRRS will become available for registration during the term of any NRRS subscription. You
acknowledge and agree that the domain name with respect to which you purchase the NRRS
subscription may not become available during the term of your subscription, for any number of
reasons, including, but not limited to, the current registrant's continued registration or renewal of
the domain name.
4. Supplemental Terms and Conditions. The terms and conditions of this Schedule H are in addition
to the terms and conditions of all other Schedules to this Service Agreement related to domain
name registration services.
SCHEDULE L TO NETWORK SOLUTIONS SERVICE AGREEMENT
E- MAIL SERVICES
1. Description of Service. Network Solutions is providing you with the capability of sending and
receiving electronic mail via the Internet. You must: (a) provide all equipment, including a computer
and modem, necessary to establish a connection to the Internet; and (b) provide for your own
connection to the Internet and pay any telephone service fees associated with such connection.
Network Solutions has set no fixed upper limit on the number of messages you may send or receive
through the e-mail service; however, Network Solutions restricts the number of recipients of any e-mail
sent by you to five hundred (500) per e-mail and retains the right, at Network Solutions's sole
discretion, to restrict the volume of messages transmitted or received by you in order to maintain
the quality of our services to other customers and to protect our computer systems. We, in our sole
discretion, will determine whether or not your conduct is consistent with this Agreement and any
Network Solutions operating rules or policies and may suspend or terminate your e-mail service if
your conduct is found to be inconsistent with this Agreement or such rules or policies. The e-mail
service is subject to scheduled (from 12:01am eastern United States time to 2:00 am eastern
United States time every Saturday) and unscheduled outages that will impact your ability to use the
service. We will use commercially reasonable efforts to restore the service after any unscheduled
outages. Moreover, in order to receive the e-mail service we (or our third party provider) must host
your domain name record. If you transfer your domain name record to a third party in conjunction
with a live web site, or for any other reason, or allow your domain name registration to expire, you
will no longer be able to use the e-mail service. We will not refund the fees you paid for our e-mail
service if you elect to transfer your domain name record to a third party. You may not exceed the
storage [megabytes] applicable to the particular e-mail services purchased by you as specified on
our Web site at the time of your purchase (or as subsequently modified by us pursuant to this
Agreement). If you exceed the applicable storage limitations, Network Solutions reserves the right,
in its sole discretion, to either (A) charge, and you agree to pay, an additional fee as described on
our Web site for each Megabyte of usage that exceeds the bandwidth limitations set forth above, or
(B) terminate or suspend your email services and this Agreement.
2. Catch-All Mailbox Service. Network Solutions may make available to you the ability to subscribe
to our Catch-All Mailbox service. You acknowledge and agree that, in the event you subscribe to the
Catch-All Mailbox service, any electronic mail sent to the e-mail box of any user of your Network
Solutions e-mail service (e.g., Person@Yourcompany.com) will also be sent to the e-mail box set up
for the Catch-All Mailbox service. You further acknowledge and agree that in the event your Network
Solutions e-mail and domain name services are terminated, any future registrant of your terminated
domain name that subscribes to the Catch-All Mailbox service may receive e-mails intended for
receipt by you or a former user of your e-mail service, and you agree that Network Solutions shall
have no liability to you or any third party with respect thereto. You are solely responsible for
providing any and all necessary notifications regarding termination of your Network Solutions e-mail
services, and you agree that Network Solutions shall have no liability to you or any third party with
respect thereto.
3. SPAM Protection. Network Solutions's e-mail service includes real-time SPAM Protection provided
by Brightmail. All e-mail sent to your e-mail address(es) will be scanned by Brightmail Anti-Spam to
detect SPAM and to assist in preventing SPAM from reaching your e-mail box(es). All e-mail
detected as SPAM will be deleted and will not be delivered to your email inbox. All e-mail box(es)
automatically include SPAM Protection and this feature can not be disabled or configured by you.
You acknowledge and agree that our SPAM Protection feature is not guaranteed to be one hundred
percent (100%) effective or error free and may result in e-mail that is not SPAM being falsely
identified as SPAM and deleted by our system, or the delivery of SPAM to your e-mail box(es). You
acknowledge and agree that Network Solutions shall have no liability to you or any third party with
respect to our SPAM Protection feature, your failure to receive any e-mail as a result thereof, or
your receipt of SPAM.
4. Virus Protection. Network Solutions's e-mail service includes Virus Protection that scans your
email, and attachments thereto, to assist in the prevention of the transmission of viruses to your
computer system and/or e-mail program. All e-mail sent to your e-mail address(es) will be scanned
for viruses. If a virus is detected, the e-mail message and/or attachment, as applicable, will be
cleaned if possible and the header of the e-mail will be tagged to inform you that a virus was
detected and that the e-mail message and/or attachment has been cleaned and the virus removed.
If a virus is detected, and the virus cannot be removed from the e-mail message and/or
attachment, the e-mail message and/or attachment will be deleted and the e-mail will be tagged to
inform you that portions of the e-mail have been deleted because a virus was detected. All e-mail
box(es) automatically include Virus Protection and this feature cannot be disabled or configured by
you. You acknowledge and agree that our Virus Protection feature is not guaranteed to be one
hundred percent (100%) effective or error free and may delete e-mail messages and/or
attachments that you may desire to view, or allow the transmission of viruses to your computer
system and/or e-mail program. You acknowledge and agree that Network Solutions shall have no
liability to you or any third party with respect to our Virus Protection feature, your failure to receive
any e-mail and/or e-mail attachments as a result thereof, or the transmission of viruses to your
computer system and/or e-mail program.
5. Reserved.
6. Billing for E-mail Service. Billing for annual e-mail services shall be by valid credit card
(acceptable to Network Solutions) at the time of purchase. If you elect to subscribe to monthly e-mail
services, your monthly payments for the same will be automatically charged to the credit card
provided by you (and acceptable to Network Solutions) at the time of your purchase (with such
payments being charged in advance on a monthly basis) ("Monthly E-mail Service Fee"), and you
hereby agree that Network Solutions is authorized to so charge your credit card. Network Solutions,
in its sole discretion, shall determine the prices it will charge for the e-mail services, and the terms
and conditions applicable to the same, and Network Solutions may, upon providing thirty (30) days'
notice to you, amend such pricing and/or terms and conditions. If you do not agree with any such
change(s), you may terminate this Agreement or cancel your e-mail service subscription, as
applicable, as provided herein, within such thirty (30) day period; otherwise all such changes shall
thereafter be effective with respect to your account, and you agree that we are authorized to charge
your credit card for any new Monthly E-mail Service fee.
7. Privacy. Network Solutions will not monitor, edit or disclose the contents of your private
communications with third parties unless required to do so by law or in the good faith belief that
such action is necessary to: (a) conform to the law or comply with legal process served on Network
Solutions; (b) protect and defend the rights or property of Network Solutions; or (c) act under
exigent circumstances to protect the personal safety of our customers or the public. You
acknowledge and agree that Network Solutions neither endorses the contents of any of your
communications nor assumes responsibility for such content, including but not limited to any
threatening, libelous, obscene, harassing or offensive material contained therein, or any
infringement of third party intellectual property rights arising therefrom or any crime facilitated
thereby. You acknowledge and agree that certain technical processing of e-mail messages and their
content may be required to: (a) send and receive messages; (b) conform to connecting networks'
technical requirements; (c) conform to the limitations of the e-mail service; or (d) conform to other
similar requirements.
8. Customer Conduct. You agree to be bound by the applicable provisions of the Network Solutions
Acceptable Use Policy, incorporated herein and made part of this Agreement by reference, in
connection with your use of the services described in this Schedule. Network Solutions's outsourcing
contractors for the e-mail services, including, but not limited to, Brightmail, Inc. and Mirapoint, Inc.,
or their successors, shall be intended third party beneficiaries of the e-mail service customer's
obligations under this Agreement and thus shall be entitled to enforce those obligations against you
as if a party to this Agreement.
SCHEDULE R TO NETWORK SOLUTIONS SERVICE AGREEMENT
100-YEAR DOMAIN SERVICE
1. 100-Year Domain Service. When you purchase the Network Solutions 100-Year Domain Service
for a new domain name registration through Network Solutions, we will initially register the relevant
domain name for the maximum number of years allowed by the applicable registry. When you
purchase the Network Solutions 100-Year Domain Service for a domain name that is currently
registered through Network Solutions, we will initially renew the domain name for the maximum
number of years allowed by the applicable registry. We will then automatically renew the domain
name registration on an annual basis until you have received a total of 100 years of registration
services from us for that domain name from the date of your purchase of the 100-Year Domain
Service.
2. Non-Transferable; Non-Refundable. You acknowledge and agree that the 100-Year Domain
Service will terminate if you transfer the domain name for which you purchased the service to
another registrar. You acknowledge and agree that this service, like all other services we provide, is
non-refundable upon termination.
3. Other Services Affecting this Service. You acknowledge and agree that our ability to provide the
100-Year Domain Service is dependent upon, among other things, the continued registration of the
relevant domain name, and that any termination of that registration (for whatever reason) will
result in the termination of the 100-Year Domain Service for that registration.