Registrant agreement with DotAlliance Inc.
Version 1.0.3 Feb 14, 2017
Index
Definitions
Introduction
Applicable Laws
Terms of Service
Language
Fees and Payment
Rights
Reservation of Rights
Disclosure and use of information
Remedy
Information
Changes to Agreement
Disputes
Breach of Agreement
Liability
Indemnity
Warranty
Disclaimer of Warranty
Transfers
Privacy Policy
Grace Period
Force Majeure
Registry Agreement with Registrant Paragraphs
- ICANN
- Neustar
- Neulevel
- GDI
- Afilias
- name
- Eurid
- Aero
- Pro
- Mobi
- UK
Definitions:
- Domain - is a term used to describe a name given which is used to
map easily remembered words into Internet addresseses (IP addresses) used
in the Internet.
- Force Majeure means any cause beyond the reasonable control of the party seeking to take
advantage of such Force Majeure, including, without limitation,
any strike, lock-out, labour dispute, act of God, inability to obtain labour,
utilities or services, acts of any government authority, enemy or hostile
actions, sabotage, war, blockades, insurrections, riots, epidemics, floods,
washouts, earth quakes, power outages,
nuclear and radiation activity or fallout, civil disturbances, explosions, fire
or other casualty, unanticipated loads of transactions in the Registrar or
Registry system,
breaches of security, computer viruses, faults in third party software and
equipment and degradation or failure of telecommunications services; provided
that if any such event is reasonably foreseeable by the party seeking to take
advantage of such Force Majeure, such party shall have taken all reasonable
steps within its reasonable control to avoid the occurrence of such Force
Majeure
- ICANN - The
Internet Corporation for Assigned Names and Numbers (ICANN) is an
internationally organized, non-profit corporation that has
responsibility for Internet Protocol (IP) address space allocation,
protocol identifier assignment, generic (gTLD) and country code (ccTLD)
Top-Level Domain name system management, and root server system
management functions.
- Verisign, Inc.
is the registry responsible for .com and .net domain names
- PIR - Public Interest Registry
is the registry responsible for .org domain names
- Afilias Limited
is the registry responsible for .info domain names
- NeuLevel, Inc.
is the registry responsible for .biz domain names
- NeuStar, Inc.
is the registry responsible for .us domain names
- GDI - Global Domains International
is the registry responsible for .ws domain names
- Eurid - EURid
is the registry responsible for .eu domain names
- Aero - Societe Internationale de
Telecommunications Aeronautiques ("SITA") is the registry responsible for .aero domain names
- Pro - Registry Services
Corporation (dba RegistryPro) is the registry responsible for .pro domain names
- MOBI - dotMobi (mTLD Mobile Top
Level Domain, Ltd.) is the registry responsible for .mobi domain names
- DotAlliance - is a federally incorporated Canadian corporation (DotAlliance Inc.) at Box 505, 15183 Russel Ave, White Rock BC Canada, V4B 2P4, supplying Domain Registration and related services.
-
Registrar - refers to DotAlliance
-
Registrant - refers to the individual or organization for whom the
domain is intended to be used (The "domain owner").
-
Agent or Applicant - refers to any individual or organization applying
to the registrar for the registration of a domain on behalf of another
individual or organization.
-
"you" or "your" - terms that apply to both the agent and registrant.
-
"we", "our" or "us" - terms that apply to DotAlliance
- Whois Record'
refers to the collection of all data elements of the Domain Order, specifically
its Registrant Contact Information, Administrative Contact Information,
Technical Contact Information, Billing Contact Information, Nameservers if any,
its Creation and Expiry dates, its Registrar and its current Status in the
Registry
Introduction:
The
following sections are the agreement for service between the applicant
for a domain name (the registrant) and DotAlliance Inc. (the
registrar).
An agent acting as a third party must inform the applicant of their
obligations
under this agreement. The spirit of this agreement is that we are
acting
as registrar for the you, you are acting in good faith, the domain
shall
remain the property of the registrar until all fees are paid in full
and
you agree that you will cover all any any costs of any action taken as
a result of this registration. In addition to this agreement you must
follow all applicable rules and regulations for the registry of that
domain registrant agreement.
Your application for a domain using our services constitutes acceptance
of this agreement on your part.
Applicable Laws:
The laws of British Columbia, Canada shall be in effect for purposes of this agreement and
any services provided by us to you.
Terms of Service:
Unless otherwise specified the term of the agreement for service is for as
long as you hold any domain name or any service (including but not limited
to Domain registration(s), web hosting, domain and/or email forwarding, or
other services) with DotAlliance, unless terminated
by other party. The terms of this service apply to all domains names
registered with DotAlliance, and any services.
Language:
In case of any disruptancy between the English version, and any other language
versions of this document, the English version shall preside in all cases.
Fees and Payment:
All fees are payable immediately upon submission of an application or other
request for service. Submission of a registration or other request for
service constitutes an agreement to pay all fees in full.
There will be a charge of $200US for all Non Sufficent Funds Cheques,
stop payment orders or credit card refusal to pay.
The ownership of the domain shall remain with the registrar until
such times as all fees are paid in full.
All fees paid to Registration authorities by us on your behalf are not refundable to us
and therefore cannot be returned to you. The portion of your fees payable
to us are also not refundable under any circumstances except at our sole
reasonable discretion.
Rights:
As part of the registration process you state you have the legal right
to apply for domain either for your own use or the use of the third party
for whom you are acting as agent and agree that the application for or
granting of a domain does not confer any additional rights than you currently
have for that domain.
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any DotAlliance, Registry
Operator, or pursuant to any registrar or registry procedure not
inconsistent with a government-adopted policy, to correct
mistakes by us, another registrar or reseller, or the applicable Registry in
registering the name or for the resolution of disputes concerning the domain
name.
You further agree to hold us harmless from any action taken against
you, us, the applicable registration authority, any of our suppliers and/or
partners/affiliates as a result of your application.
DotAlliance in our sole
discretion, reserves the right to refuse to register or reserve your
chosen domain name or provide you with any other Services.
In the event unable or
do not register or reserve your domain name or fail to provide you with other
Services, or we delete your domain name or cancel your other Services within a
thirty (30) calendar day period, we agree to refund your applicable fee(s) solely
for the domain or service we were unable to provide, at our sole discretion.
You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register, reserve, or
delete your domain name or provide you with other Services. We reserve
the right to delete or transfer your domain name following registration
if we believe the registration has been made possible by a mistake
made either by us or by a third party. We also reserve the right to delete
or transfer any domains involved (or appear to us to be involved, at our sole
discretion) in cases of fraud, associated with any
illegal activity in any world-wide jurisdiction, associated with or attempting
to impersonate another website ("phishing"), spamming, or any other illegal
or prohibited activity, at our sole discretion. We also reserve the right to
suspend a domain name during resolution of a complaint or dispute.
Additionally you agree that this agreement does not confer any protection
from objection to the registration or use of this domain, nor does it
constitute and indorsement of any kind from any other parties.
Reservation of Rights:
DotAlliance and Registry Operator expressly reserve the right to deny, cancel
or transfer any registration that it deems necessary, in its discretion, to
protect the integrity and stability of registrars systems, business processes
or the Registry, to comply with any
applicable laws, government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of DotAlliance and/or Registry Operator, as
well as their affiliates, subsidiaries, officers, directors and employees.
DotAlliance and Registry Operator also reserve the right to freeze a domain
name during a resolution of a dispute.
In case of a pricing error, DotAlliance reserves the right to correct the error
by either applying the correctly advertised price, or refunding the client and
reversing the action or service.
Disclosure and use of information:
You agree and acknowledge that we will make domain name registration information you
provide available to to the Registry Operator, and to other
third parties as applicable. You further agree and acknowledge that we
may make publicly available, or directly available to third party
vendors, some, or all, of the domain name registration information you
provide, for purposes of inspection (such as through our WHOIS service)
or other purposes as required or permitted by applicable
laws. You hereby consent to any and all such disclosures and use of
information provided by you in connection with the registration of a
domain name (including any updates to such information), whether during
or after the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may have
against us, including but not limited to those arising from disclosure or use of
such information by us or any other party. You may access your domain name registration
information in our possession to review, modify or update such
information though accessing our domain manager or similar service at any
time that it is available. We will not process
data about any identified or identifiable natural person that we obtain
from you in a way incompatible with the purposes and other limitations
which we describe in this Agreement. We will take reasonable
precautions to protect any personal/private information (such as passwords)
from any loss, misuse, unauthorized access or disclosure, alteration or
destruction.
Remedy:
Should we be unable to supply services to you, the maximum allowable remedy
is to return any applicable fees to you.
Information:
You agree that you have the right or have acquired the right to provide us with
the information required on the application. You warrant that the information
is accurate as required in the application process. You further agree to
update the information as required within at most three (3) business days of
any changes to that information.
We will protect the supplied information (aside from publicly published "WHOIS"
information) according to our privacy policy.
We will not be responsible for loss of information as a result of acts
of unauthorized persons or by our or their use of your systems or services.
Changes to Agreement:
We reserve the right to modify this agreement from time to time to time
or makes changes the services provided at any time. Changes to the agreement
will be posted at this url. Continued use of our services
after such changes will constitute you acceptance of the new agreement.
Disputes:
By registering a domain you agree to be bound by the applicable registry's
"Domain Name Dispute Resolution Policy" now in effect and as amended from time
to time.
That policy is considered part of this agreement. Continued use of your
domain and our services will constitute your acceptance of the modified
policy.
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.
In addition you agree to be bound by the ICANN Uniform Dispute
Resolution Policy (“Dispute Policy”) as presently written and
posted on
https://www.icann.org/udrp/udrp.htm
and as shall be amended from time to time. You acknowledge that if you do not
agree to any such modifications, you may request that your domain name be
deleted from the domain name database.
If this domain is being registered on behalf of (or is owned by) another
individual or organisation, you acknowledge that under no condition are you
permitted to hold the domain as collatoral for any reason (including but not
limited to other unpaid debts or expenses, such as unpaid web design bills)
other than renewal payments of the domain itself. The domain owner may at
any point renew the domain directly with the registry or registrar, at full or
negotiated retail price should any attempt be made to charge an exorbitant
renewal fee.
The agent affirms that they have notified the appropriate people of their obligations
under this policy, and have obtained their explicit approval.
Breach of Agreement:
If you should breach any part of this agreement, we reserve the right to terminate
the agreement. Any outstanding fees remain payable. Our obligation to you
will terminate upon notification to you by electronic mail, postal mail
or phone.
You agree that failure to abide by any provision of this Agreement
including but not limited to any failure to abide Registry
Requirements, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach. If
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 any or all of your domain name(s).
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.
REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or any failure to respond (within 15 days) to inquiries by us
addressed to the email address of the registrant, the administrative, billing
or technical contact appearing in the "Whois" directory with respect to a
domain name concerning the accuracy of contact details associated with
the registration shall constitute a material breach of this Agreement
and be a basis for cancellation of the domain name registration. Any
information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this
Agreement.
You acknowledge that providing inaccurate
information or failing to update information promptly will constitute a
material breach of this Agreement and will be sufficient basis for suspension
or termination of Services to you. You further agree that your failure to
respond for over ten (10) calendar days to inquiries by us concerning the
accuracy of account and WHOIS contact information shall constitute a material
breach of this Agreement and will be sufficient basis for suspension or
termination of Service(s) to you. As indicated elsewhere in this Agreement, you
understand that it is important for you to regularly monitor email sent to the
email address associated with your account and WHOIS contact information
because, among other reasons, if a dispute arises regarding a domain name(s) or
other Service(s), you may lose your rights to the domain name(s) or your right
to receive the Service(s) if you do not respond appropriately to an email sent
in conjunction therewith.
Liability:
We shall not be responsible for any damages whatsoever, either direct or
indirect, special or consequntial damages resulting from the use of our
services or our failure to provide services through access delays, or interruptions,
non delivery or misdirected delivery of data, acts of God, acts of unauthorized
person, misuse of your account or password or the use or misuse of your
domain or systems.
LIMITATION OF LIABILITY. OUR AGGREGATE LIABILITY TO THE
REGISTRANT, INCLUDING, WITHOUT LIMITATION, FOR ALL BREACHES BY US OF THIS
AGREEMENT, SHALL BE LIMITED TO THE AMOUNT OF FEES RELATING TO THE
REGISTRANT'S DOMAIN NAME REGISTRATIONS OR SERVICES PAID BY THE REGISTRANT
TO US.
ADDITIONAL LIMITATIONS OF LIABILITY.
(1) IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT
LIABILITY (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL WE OR OUR DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO THE REGISTRANT
FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES OR FOR ECONOMIC LOSS OR RESULTING FROM LOSS OF USE, LOST BUSINESS
REVENUE, LOST PROFITS OR THIRD PARTY DAMAGES.
(2) IN NO EVENT SHALL THE REGISTRANT PURSUE ANY CLAIM AGAINST US
AND IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE
(INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ECONOMIC LOSS OR
DAMAGES RESULTING FROM LOSS OF USE, LOST PROFITS, LOST BUSINESS REVENUE OR
THIRD PARTY DAMAGES) ARISING OUT OF, RESULTING FROM OR IN ANY WAY
CONNECTED WITH:
(a) ANY ACCESS DELAY OR ACCESS INTERRUPTION;
(b) ANY DATA NON-DELIVERY OR DATA MISDELIVERY;
(c) ANY UNAUTHORIZED USE OR MISUSE OF THE USER ACCOUNT OR
PRIVATE PASSWORD PROVIDED BY US OR THE REGISTRANT;
(d) ANY ERROR, OMISSION OR MISSTATEMENT IN ANY INFORMATION
OR SERVICE PROVIDED UNDER THIS AGREEMENT;
(e) THE DELETION OF OR FAILURE TO STORE EMAIL MESSAGES;
(f) A COMPUTER BUG OR VIRUS OR OTHER SYSTEM MALFUNCTION;
(g) OUR FAILURE OR REFUSAL TO REGISTER A DOMAIN NAME,
OUR REGISTRATION OF A DOMAIN NAME, OUR FAILURE OR REFUSAL
TO RENEW A DOMAIN NAME REGISTRATION, OUR RENEWAL OF A
DOMAIN NAME REGISTRATION, OUR FAILURE OR REFUSAL TO PROVIDE A SERVICE,
OUR PROVIDING A SERVICE, OUR FAILURE OR REFUSAL TO
TRANSFER A DOMAIN NAME REGISTRATION, OUR TRANSFER OF A
DOMAIN NAME REGISTRATION, OUR FAILURE OR REFUSAL TO
MAINTAIN OR MODIFY A DOMAIN NAME REGISTRATION, OUR
MAINTENANCE OF A DOMAIN NAME REGISTRATION, OUR
MODIFICATION OF A DOMAIN NAME REGISTRATION, OUR FAILURE TO
CANCEL A DOMAIN NAME REGISTRATION OR OUR CANCELLATION OF A
DOMAIN NAME REGISTRATION FROM THE REGISTRY;
(h) THE PROCESSING BY US OF ANY APPLICATION FOR THE
REGISTRATION OF A DOMAIN NAME OR ANY OTHER APPLICATION OR
REQUEST, OUR PROCESSING OF ANY AUTHORIZED OR UNAUTHORIZED
CHANGES TO THE REGISTRANT'S INFORMATION OR THE FAILURE BY THE
REGISTRANT'S REGISTRAR TO PAY ANY FEES;
(i) ANY BREACH BY A REGISTRANT'S REGISTRAR OR AGENT OF ITS
OBLIGATIONS UNDER ITS AGREEMENT WITH THE REGISTRANT OR ITS AGREEMENT WITH
US OR ANY OTHER ACTION OR OMISSION OF THE REGISTRANT OR A
REGISTRANT'S REGISTRAR OR AGENT;
(j) THE APPLICATION OF OUR OR ICANN's OR ANY REGISTRY
OPERATORS'S DOMAIN NAME DISPUTE RESOLUTION
POLICY OR RULES OR THE COMPLIANCE WITH ANY ORDER, RULING,
DECISION OR JUDGMENT MADE THEREUNDER OR BY ANY COURT,
TRIBUNAL, BOARD, ADMINISTRATIVE BODY, COMMISSION OR
ARBITRATOR AND ANY ACTIONS TAKEN IN CONSEQUENCE THEREOF; OR
(k) THE USE OF ANY DOMAIN NAME IN THE REGISTRY AND ANY
CONFLICT OR DISPUTE WITH OR ANY LEGAL CLAIM AGAINST THE REGISTRANT OR THE REGISTRANT'S REGISTRAR,
INCLUDING ONE RELATING TO: REGISTERED OR UNREGISTERED TRADE-MARKS;
BUSINESS NAMES, PARTNERSHIP NAMES, CORPORATE NAMES AND OTHER TRADE NAMES;
NAMES OR INDICIA OF INDIVIDUALS OR GROUPS OR INDIVIDUALS;
ANY OTHER INTELLECTUAL PROPERTY RIGHTS;
DEFAMATION OF ANY PERSON; OR
UNLAWFUL DISCRIMINATION WITH RESPECT TO ANY PERSON OR GROUP.
Indemnity:
You agree to release, indemnify, defend and hold harmless DotAlliance
and any of our contractors, agents, employees, officers,
directors, shareholders, service providers, affiliates and
all applicable registry operators (including their subcontactors, shareholder,
directors, officers, employees, affiliates and agents), from all liabilities,
claims, damages, costs and expenses, including
reasonable attorneys' fees and expenses, relating to or arising out of
(a) this Agreement or the breach of your warranties, representations
and obligations under this Agreement including without limitation,
infringement by you, or someone else using the Service with your
computer, of any intellectual property or other proprietary right of
any person or entity, or from the violation of any of our operating
rules or policy relating to the service(s) provided.
In the event that action is taken against us by a third party related
to a domain submitted by you, you agree to provide written assurance to
us concerning your promise to indemnify us and that you will pay all
costs including reasonable attorney fees and other costs required to
defend ourselves; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may result in
deactivation of your domain name.
The Registrant further agrees that Dotalliance shall held blameless for
someone else getting passwords, computer viruses, delay, misdelivery or disruption in data, errors, omissions
or mistatements in information, deletion or failure to store email or data.
You further agree and affirm that this indemnity clause in its entirety will
survive the termination or expiration of this registration agreement.
Warranty:
Registrant warrants that:
a) to the best of Registrant's knowledge and belief, neither its registration of the domain name nor the manner in which it is directly or indirectly used, infringes the legal rights of a third party; and
b) the domain name complies with the Policy.
c) it has provided, or will provide, to each third party individual whose personal details the Registrant has provided to Registrar, the same information about use of those details as set out in the "Privacy Policy" section in this agreement.
d) each third party individually has consented to use of their personal data for the purposes set out in this agreement.
Disclaimer of Warranty:
We do not warranty under any circumstances expressed or implied,
that our services will meet your requirements, that our service will be
uninterrupted, secure, timely or free from errors. Retrieval of information
to your systems as part of our services is done solely at your risk. Nothing
we say or do will constitute a warranty of any type.
Transfers:
You agree that transfer of your
domain name(s) services shall be governed by ICANN's transfer policy, available
at https://www.icann.org/transfers/,
and as amended from time to time. You agree that we may place a
"Transfer Lock" on your domain name and that this will
prevent your domain name from being transferred without your
authorisation, though we are not required to do so. Not all registries allow
us to provide this protection. By allowing your domain
name services to remain locked, you provide express objection to any and all
transfer requests until the lock is removed. To transfer your domain name(s)
you should first login to your account with and disable "Domain Protection".
You may also need to obtain your EPP "AuthCode" which may be found on the same
page. As per ICANN policies, only the registrant and the
administrative contacts listed in the WHOIS information may approve or deny a
transfer request. (Individual country-code registries may have different rules).
Without limitation, domain name services may not be
transferred within 60 days of initial registration, within 60 days of a
transfer, if there is a dispute regarding the identity of the domain name
registrant, if you are bankrupt, or if you fail to pay fees when due.
(This limit is 30 days for .CA domains). We will
follow the procedures for both gaining and losing registrars as outlined in
ICANN's transfer policies. Transfer requests typically take five business days
to be processed. A transfer request will be aborted if the domain reaches its
expiry date during these five days. You may be required to resubmit a transfer
request if there is a communication failure or other problem at either our end
or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK
FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END
OF A REGISTRATION TERM.
Privacy Policy:
You agree and consent that we will make available the domain
name registration information you provide or that we otherwise maintain to the
following parties: ICANN, the registry administrator(s), and to other third
parties as ICANN and applicable laws may require or permit (including through
web-based and other on-line WHOIS lookup systems), whether during or after the
term of your domain name registration services of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may have arising
from such disclosure or use of such information. Additionally, you acknowledge
that ICANN may establish or modify the guidelines, limits and/or requirements
that relate to the amount and type of information that we may or must make
available to the public or to private entities, and the manner in which such
information is made available. Information regarding ICANN's guidelines and
requirements regarding WHOIS can be found at https://www.icann.org/registrars/wmrp.htm,
https://www.icann.org/registrars/wdrp.htm,
and elsewhere on the ICANN website at https://www.icann.org/index.html.
You agree and acknowledge that we own all
database, compilation, collective and similar rights, title and interests
worldwide in our domain name database, and all information and derivative works
generated from the domain name database. You further agree and acknowledge that
we own the following information for those registrations for which we are the
registrar: (a) the original creation date of the registration, (b) the expiration
date of the registration, (c) the name, postal address, e-mail address, voice
telephone number, and where available fax number of all contacts for the domain
name registration, (d) any remarks concerning the registered domain name that
appear or should appear in the WHOIS or similar database, and (e) any other
information we generate or obtain in connection with the provision of domain
name registration services, other than the domain name being registered, the IP
addresses of the primary nameserver and any secondary nameservers for the
domain name, and the corresponding names of those nameservers. We do not have
any ownership interest in your specific personal registration information
outside of our rights in our domain name database.
Grace Period:
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, which may host
content specified by us or a third party, including without limitation, a
parking, construction or other temporary page which may contain advertisements
for product and service offerings, at our sole determination.
If we delete your domain, some registries allow the use of a "Redemption Restore".
The fee for this service is $200, although we reserve the right to charge less in
extenuating circumstances.
Force Majeure:
Neither party shall be in default or liable for any loss or damage
resulting from
delays in performance or from failure to perform or comply with terms
of this agreement (other than the obligation to make payments, which
shall not be affected by
this provision) due to any causes beyond its reasonable control, which
causes
include but are not limited to "Force Majeure", defined above.
Registry Agreement with Registrant Paragraphs:
1) ICANN:
1) You agree to be bound by all applicable ICANN requirements, standards,
policies, procedures, and practices for which DotAlliance and/or Registry
Operator has monitoring responsibility in accordance with the Registry
Agreement or other arrangement with ICANN;
2) You agree to be bound by the "ICANN Uniform Dispute Resolution Policy"
(“Dispute Policy”) as presently written and posted on
https://www.icann.org/udrp/udrp.htm
and as shall be amended from time to time.
3) You agree to be bound and follow the "Registrant Rights and Responsibilities"
as presently written and posted on
https://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm
and as shall be amended from time to time.
In addition, you agree to the following:
3.7.7.1) The Registered Name Holder shall provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the following data elements:
a) The names of the primary nameserver and secondary nameserver(s) for the Registered Name
b) The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name
c) The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name
3.7.7.2) A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for suspension and/or cancellation of the Registered Name registration.
3.7.7.3) Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
3.7.7.4) Registrar shall provide notice to each new or renewed Registered Name Holder stating:
3.7.7.4.1 The purposes for which any Personal Data collected from the applicant are intended;
3.7.7.4.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
3.7.7.4.3 Which data are obligatory and which data, if any, are voluntary; and
3.7.7.4.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.
3.7.7.5) The Registered Name Holder shall consent to the data processing referred to in Subsection 3.7.7.4.
3.7.7.6) The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 3.7.7.4 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 3.7.7.5 of any such third-party individuals.
3.7.7.7) Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 3.7.7.4 above.
3.7.7.8) Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
3.7.7.9) The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
3.7.7.10) For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.
3.7.7.11) The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
3.7.7.12) The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.
2) NeuStar:
Should you seek to register a .US second level domain name you, the registrant, must also agree to the following terms:
Only those individuals or organizations that have a substantive lawful
connection in the United States are permitted to register for .usTLD
domain names.
Registrants in the .usTLD must satisfy the nexus requirement ("Nexus" or "Nexus Requirements") set out at https://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf
SELECTION OF A DOMAIN NAME: You certify and represent that:
1. You have and shall continue to 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 as
defined in Section 2 hereinabove.
2. The listed name servers are located within the United States;
3. The data provided in the domain name registration
application is true, correct, up to date and complete, and that you
will continue to keep all of the information provided correct,
up-to-date and complete;
4. To the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which it is
directly or indirectly to be used infringes upon the legal rights of a
third party;
5. That the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful purpose
whatsoever;
6. You have the authority to enter into this Registration Agreement.
7. The Nexus Dispute Policy ("Dispute Policy), available
at https://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
The Dispute Policy will provide interested parties with an opportunity
to challenge a registration not complying with the Nexus Requirements.
8. The usTLD Dispute Resolution Policy ("usDRP"). The
usDRP is intended to provide interested parties with an opportunity to
challenge a registration based on alleged trademark infringement. In
addition to the foregoing, you agree that, for the adjudication of
disputes concerning or arising from use of the Registered Name, you
shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts.
9. POLICY. The Registry Operator's policies can be found at https://www.neustar.us/policies.
10. INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
- REPRESENTATIONS AND WARRANTIES.
You represent and certify that, to the best of your knowledge and belief,
- neither
the registration of the domain name nor the manner in which it is
directly or indirectly used infringes the legal rights of any third
party,
- you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder,
- you have and shall continue to have a lawful bona fide U.S. Nexus as defined in the "usTLD Nexus Requirements" ,
- you are of legal age to enter into this Agreement, and
- you agree to comply with all applicable laws, regulations and policies of the usTLD Administrator.
- PROVISION OF REGISTRATION DATA.
As part of the registration process, you are required to provide us
with certain information and to update this information to keep it
current, complete and accurate. This information includes:
- the Registered Name;
- the names of the primary nameserver and secondary nameserver(s) for the Registered Name;
- your name and postal address;
- the
name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the technical contact for the
Registered Name;
- the name, postal address, e-mail
address, voice telephone number, and (where available) fax number of
the administrative contact for the Registered Name;
- the
name, postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the Registered Name;
- any remark concerning the registered domain name that should appear in the Whois directory; and
- any
other data NeuStar, as the Registry, requires be submitted to it,
including specifically information regarding the primary purpose for
which a domain name is registered (e.g., business, education, etc.).
You agree and understand that the foregoing registration data will be
publicly available and accessible on the Whois directory pursuant to
the DoC/Registry Policy. Any information collected by us concerning an
identified or identifiable natural person ("Personal Data") will be
used in connection with the registration of your domain name(s) and for
the purposes of this Agreement and as required or permitted by the
Department of Commerce Contract with the Registry or any USTLD
Administrator/DoC Policy.
- GOVERNMENT USE OF DATA.
You understand and agree that the U.S. Government shall have the right
to use, disclose, reproduce, prepare derivative works, distribute
copies to the public, and perform publicly and display publicly, in any
manner and for any purpose whatsoever and to have or permit other to do
so, all Data provided by Registrant. "Data" means any recorded
information, and includes without limitation, technical data and
computer software, regardless of the form or the medium on which it may
be recorded.
- LICENSING OF A DOMAIN NAME.
If you intend to license use of a domain name to a third party, you
nonetheless are the registrant of record and are responsible for
providing full contact information and for providing and updating
accurate technical and administrative contact information adequate to
facilitate timely resolution of any problems that arise in connection
with the domain name. You shall accept liability for harm caused by
wrongful use of the domain name, unless you promptly disclose the
identity of the licensee to a party providing you reasonable evidence
of actionable harm.
- DOMAIN NAME DISPUTE POLICY.
If you reserved or registered a .us domain name through us, you agree
to be bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with that policy. In
addition, you hereby acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the policies of the
usTLD Administrator as documented on its web site, www.neustar.us, as
they may be amended from time to time, and which are hereby
incorporated and made an integral part of this Agreement.
3) Neulevel:
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 https://www.icann.org/udrp/udrp.htm;
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at https://www.neulevel.com/countdown/stop.html;
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at https://www.neulevel.com/countdown/rdrp.html.
4) GDI:
Your registration of a domain name in the .WS
top-level domain ("New TLD Domain Name"), is subject to policies
established or revised from time to time by the registry for such New
TLD Domain Name ("New TLD Registry"), in its capacity as the registry
for its respective Top Level Domain. Each respective New TLD Registry's
current policies ("New TLD Registry Policies") are available for you to
review at each New TLD's respective web site. You agree to be bound by
and comply with the applicable New TLD Registry Policies, including
amendments and modifications thereto, with respect to your New TLD
Domain Name registration. Such policies shall not alter the terms and
conditions of this Agreement. To the extent there is a conflict between
the New TLD Registry policies and the terms of this Agreement, the
terms of this Service Agreement shall prevail. You agree that the New
TLD Registry has the right to enforce the New TLD Registry Policies.
5) Afillias:
Should you seek to register a .INFO second level domain name you, the registrant, must also agree to the following terms:
- Registrant
consents to the use, copying, distribution, publication, modification,
and other processing of Registered Domain Name Holder's Personal Data
by Afilias, the .INFO Registry Operator, and its designees and agents
in a manner consistent with the purposes specified pursuant in its
contract.
- Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and
comply with the requirements set forth by Afilias for domain names
registered during the Sunrise Period, including the mandatory Sunrise
Dispute Resolution Policy. These policies are subject to modification.
- Registrant
agrees to immediately correct and update the registration information
for the Registered Name during registration term for the Registered
Name, failure to correct this information shall constitute a breach of
this Agreement.
- Registrar
and Afilias, the registry operator for .INFO, expressly reserve the
right to deny, cancel or transfer any registration that it deems
necessary, in its discretion, to protect the integrity and stability of
the registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of Registrar and/or Afilias as well as their
affiliates, subsidiaries, officers, directors and employees. Registrar
and Afilias also reserve the right to freeze a domain name during
resolution of a dispute.
7) .NAME:
.name RESTRICTIONS
Registrations in the .name TLD must constitute an individual.s .Personal Name.. For purposes of the .name restrictions (the .Restrictions.), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
As a .name domain name Registrant, you hereby certify that you have the authority to enter into this Agreement and the registered domain name or .name email address is your Personal Name.
DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .name domain name through us, you agree to be bound by the current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. You hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(a) the Eligibility Requirements (the .Eligibility Requirements.), available at
https://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm
(b) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at
https://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm
(c) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at https://www.icann.org/dndr/udrp/policy.htm.
Personal Name domain names and Personal Name email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding. According to the Eligibility Requirements, the following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to (i) registered domain names and email address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations within .name.
The UDRP applies to complaints by trademark or service mark owners concerning the registration and use of an Internet domain name registered by a Registrant.
.NAME EMAIL
(a) The service for which you have registered may, at your option, include .name Email. To the extent you opt to use .name Email, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of .name Email, including the content of messages sent through .name Email.
(b) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, available at https://www.nic.name/downloads/aup.pdf, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use .name Email:
(i) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
(ii) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
(iii) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or
(iv) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list.
Users are not permitted to provide false names or in any other way to pose as somebody else when using .name Email.
(c) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator.s .name Email.
(d) You understand and agree that Registry Operator may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of ,name Email. You further understand and agree that Registry Operator is at liberty to block your access to .name Email if you use .name Email in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the .name Email unless it would damage the reputation of Registry Operator or jeopardize the security of Registry Operator or others to do so. Registry Operator reserves the right to immediately discontinue .name Email without notice if the technical stability of .name Email is threatened in any way, or if you are in breach of this Agreement. On discontinuing .name Email, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.
(e) You understand and agree that to the extent Registry Operator is required by law to disclose certain information or material in connection with your .name Email, Registry Operator will do so in accordance with such requirement and without notice to you.
7) Eurid:
In order to be eligible to register a .eu domain name, you should meet at
least one of the following elegibility criteria:
- undertakings having their registered office, central administration
or principal place of business within the European Community;
- organisations established within the European Community without
prejudice to the application of national law;
- natural persons resident within the European Community.
- The full text of the EC Regulation 733/2002 can be found at:
https://europa.eu.int/eur-lex/pri/en/oj/dat/2002/l_113/l_11320020430en00010005.pdf
8) Aero:
1. Registrant may access data provided and rectify any incorrect data relating to Registrant using tools provided by the Registrar.
2. Registrant Registrant may access data provided and rectify any incorrect data relating to Aviation Community Membership ID (ENS_AuthID) via the webform on the www.information.aero website.
3. Domain Names will be registered to Registrants only for fixed periods. At the conclusion of the registration period, failure by or on behalf of the Registrant to pay a renewal fee within the time specified shall, in the absence of extenuating circumstances, result in cancellation of the registration.
4. The domain name is personal to the Registrant, and the Registrant may not transfer or license the domain name to any other person except as expressly provided in any relevant policy of Registry Sponsor.
9) Pro:
1. Applicant agrees to the use, copying, distribution, publication, modification and other
processing of Registered Name Holder.s Personal Data by RegistryPro and its designees
and agents in a manner consistent with the purposes specified pursuant to Section 2.6 of
this Agreement.
2. Applicant represents and warrants that it meets the applicable .Pro registration
requirements within the Jurisdiction and agrees that, during the term of the registration, it
will continue to meet such requirements and that it will promptly notify the Registrar if it
no longer meets such requirements.
3. Applicant acknowledges that RegistryPro is a third party beneficiary of the Registration
Agreement with the right to enforce those provisions of the Registration Agreement that
affect it.
4. Applicant acknowledges that Registrar shall be solely responsible for providing Applicant
with services with respect to (a) its application for a Registered Name and (b) in the event
such application is accepted, for all ongoing services with respect to its issued Registered
Name. Applicant further acknowledges that RegistryPro shall have no obligation to
provide such services to Applicant. Applicant agrees that it has no contractual relationship
whatsoever with RegistryPro and that Applicant is not a third party beneficiary of any
agreement between RegistryPro and Registrant. Applicant further agrees that
RegistryPro will have no legal, equitable or other liability of any kind to Applicant.
5. Applicant acknowledges that if, pursuant to the performance of the initial verification
services or annual reverification services, Registrar determines that Applicant does not
meet or does not continue to meet the applicable .Pro registration requirements,
Registrar shall be entitled to retain an extra processing fee in connection with the
performance of the initial verification services and an extra in connection with the
performance of the annual reverification services.
10) MOBI:
1. Notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (.dotmobi.), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to DotAlliance being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement.
2. You agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.
3. You acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.
10) UK:
1. For all .UK domains, you agree to abide by the terms and conditions of the
.UK registry, as outlined, and updated from time to time, here:
https://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/
Comments and questions to:
DotAlliance, Inc.
467 202 St
Langley
BC,V2Z1V7
CA