|
Общи условия за регистрация на
домейни от Промо БГ ООД като риселър на Wild West Domains, Inc. |
Общите условия за регистрация, подновяване и
трансфер на домейн имена предлагани от Wild West Domains, Inc.
чрез Промо БГ ООД, като негов риселър, се публикуват в оригинал,
на английски език, по изискване на Wild West Domains, Inc. Текста
има сила при закупуване на изброените услуги чрез Промо БГ ООД,
като навсякъде в него "Wild West Domains, Inc." е
равносилно на "Промо БГ ООД" и обратното.
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Wild West
Domain Name Registration Agreement |
| This Wild West Domains, Inc. Domain Name
Registration Agreement ("Agreement") is by and between Wild
West Domains, Inc. ("Wild West") a/an Arizona corporation and
You, Your heirs, agents, successors and assigns ("You"), and
is made effective as of the date of electronic execution. This
Agreement sets forth the terms and conditions of Your use of
Wild West's Domain Name Registration and represents the entire
agreement between You and Wild West. By participating in this
transaction, You acknowledge that You have read, understand
and agree to be bound by all the terms and conditions of this
Agreement, including our dispute
policy and the ICANN
Transfer Dispute Resolution Policy along with any new, different
or additional terms, conditions or policies, including the Universal
Terms of Service which Wild West may establish from time to
time. Such Agreements may be found here.
In addition to transactions entered into by You on Your behalf,
You also agree to be bound by the terms of this agreement for
transactions entered into on Your behalf by anyone acting as
Your Agent, and transactions entered into by anyone who uses
the account You've established with Wild West, whether or not
the transactions were in Your behalf. You acknowledge that Wild
West's acceptance of any application made by You for services
provided by Wild West will take place at the Internet Corporation
for Assigned Names and Numbers ("ICANN") accredited registrar's
offices located in Scottsdale, Arizona, USA.
You acknowledge that Wild West is a registrar bound by an agreement
between Wild West and ICANN. You agree that Wild West may modify
this agreement in order to comply with applicable law and the
terms and conditions set forth by the ICANN and/or the Registry
Administrator chosen by ICANN, as well as any registration rules
or policies that may be published from time to time by Wild
West . |
1. fees |
| In consideration for the services and products
("service") purchased by You and provided to You by Wild West,
You agree to pay Wild West at the time service is provided.
Payment is to be made by You by providing either a valid credit
card, an online check, cash payment, wired bank transfer or
using "Good As Gold" to establish a cash reserve for charge
by Wild West (collectively, the "Payment Method"). You understand
that ICANN requires Wild West to collect a small registration
fee when you purchase your domain name registration. You agree
to pay such fees. Payments are non-refundable. If for any reason
Wild West is unable to charge Your Payment Method for the full
amount owed Wild West for the service provided, or if Wild West
is charged a penalty for any fee it previously charged to your
Payment Method, You agree that Wild West may pursue all available
remedies in order to obtain payment. You agree that among the
remedies Wild West may pursue in order to effect payment, shall
include but will not be limited to, immediate cancellation without
notice to You of any domain names registered or renewed on Your
behalf. Wild West reserves the right to charge a reasonable
service fee for administrative tasks outside the scope of its
regular services. These include, but are not limited to, customer
service issues that cannot be handled over email but require
personal service, and disputes that require legal services.
These charges will be billed to the Payment Method we have on
file for You. You may change your Payment Method at any time
by logging into Your Account
Manager.
Domain Name Renewals
When You register a domain name, You have the option to elect
that the domain name be automatically renewed upon reaching
the expiration date. Automatic renewal is the default setting,
which You must deactivate if You do not want Your domain name(s)
to be automatically renewed. Unless You disable the automatic
renewal option, Wild West will automatically renew, for a period
equivalent to the length of your original registration, any
domain name that is up for renewal and will take payment from
the Payment Method You have on file with Wild West, at Wild
West's then current rates. Thus, if you have chosen to register
your domain name for one year, Wild West will automatically
renew it for one year. If you have chosen to register your domain
name for two years, Wild West will automatically renew it for
two years, and so on. Domain name renewals will be non refundable.
If for any reason Wild West is not able to take the payment
from the Payment Method You have on file, and You fail to respond
to our notices, Your domain name registration will expire. It
is Your responsibility to keep Your Payment Method information
current, which includes the expiration date if you are using
a credit card. If You do not elect that the domain name be automatically
renewed, You have the responsibility of logging into Your account
manager for that domain name and manually implementing the renewal
by the expiration date (should You in fact want the domain name
to be renewed). In this case, if You fail to manually implement
the renewal in a timely fashion the domain name will be cancelled
and You will no longer have use of that name. You agree that
Wild West will not be responsible for cancelled domain names
that You fail to renew, either automatically or manually. In
any case, if You fail to renew Your domain name in a timely
fashion, additional charges may apply. If You signed up for
domain masking, domain forwarding, or any other similar service,
with Your domain registration, these services may be automatically
renewed when Your domain registration is up for renewal, and
You may incur an additional renewal fee unless You cancel in
advance.
If you fail to renew your domain name, you agree that Wild
West may, at its sole discretion, renew your expired domain
name on your behalf. If Wild West decides to renew your expired
domain name on your behalf you will have a Renewal Grace Period
during which you may reimburse Wild West for the renewal and
keep your domain name. The Renewal Grace Period is currently
12 days but subject to change under the terms of Section 2 of
this Agreement. If you do not reimburse Wild West for the renewal
during the Renewal Grace Period your domain name will be placed
on Hold and flagged for deletion after which you will have a
30 day redemption period during which you may pay Wild West
a Redemption fee and redeem your domain name. The Redemption
fee is currently $80 USD and is subject to change under the
terms of Section 2 of this agreement. If you do not redeem your
domain name prior to the end of the 30 day redemption period
Wild West may, at its sole discretion, delete your domain name
or transfer it to another registrant on your behalf.
If your domain is deleted, the Registry also provides a 30
day Redemption Grace Period during which you may pay Wild West
a redemption fee and redeem your domain name. The redemption
fee is currently $80 USD and is subject to change under the
terms of Section 2 of this agreement. If you do not redeem your
domain name prior to the end of the Registry’s Redemption Grace
Period the Registry will release your name and it will become
available for registration on a first-come-first-served basis.
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2. term of agreement; modifications |
| The term of this agreement shall continue
in full force and effect as long as You have any domain name
registered through Wild West. You agree that You will not transfer
any domain name registered through Wild West to another domain
name registrar during the first sixty (60) days from its initial
registration date. You further agree that Wild West may charge
You a small fee if You cancel Your domain within the five (5)
day grace period after registering Your domain with Wild West
and Wild West refunds the price of Your domain. Wild West will
not charge You a fee if Wild West cancels Your domain name during
this period because of fraud.
You agree that Wild West may modify this agreement from time
to time. Wild West may also discontinue services it provides
under this agreement. You agree to be bound by any changes Wild
West may reasonably make to this agreement when such changes
become effective. Should You elect to cancel Your agreement
with Wild West You will not receive a refund for any fees You
may have paid to Wild West.
You agree that Wild West shall not be bound by any representations
made by third parties who You may use to purchase services from
Wild West, and that any statements of a general nature, which
may be posted on Wild West's web site or be contained in Wild
West's promotional materials, will not bind Wild West. |
3. up to date information; use of information and expiration
|
| You agree to notify Wild West within five
(5) business days when any of the information You provided as
part of the application and/or registration process changes.
It is Your responsibility to keep this information in a current
and accurate status. Failure by You, for whatever reason, to
provide Wild West with accurate and reliable information on
an initial and continual basis, shall be considered to be a
material breach of this agreement. Failure by You, for whatever
reason, to respond within five (5) business days to any inquiries
made by Wild West to determine the validity of information provided
by You, shall also be considered to be a material breach of
this agreement. You agree to retain a copy for Your record of
the receipt for purchase of Your domain name.
You agree that for each domain name registered by You, the
following contact data is required: postal address, email address,
telephone number, and if available, a facsimile number for the
registered name holder and, if different from the registered
name holder, the same contact information for, a technical contact,
an administrative contact and a billing contact
You acknowledge and agree that domain name registration requires
that this contact information, in whole or in part, be shared
with the registry operator. As required by ICANN, this information
must also be made publicly available by means of Whois, and
that the registry operator may also be required to make this
information publicly available by Whois. Both Wild West and
the registry operator may be required to archive this information
with a third party escrow service. You hereby consent and give
permission for all such requirements and disclosures. Further,
You represent and warrant that, if You are providing information
about a third party, You have notified the third party of the
disclosure and the purpose for the disclosure and You have obtained
the third party's consent to such disclosure.
You agree that for each domain name registered by You the following
information will be made publicly available in the Whois directory
as determined by ICANN Policy and may be sold in bulk as set
forth in the ICANN agreement:
- The domain name
- Your name and postal address
- The email address, postal address, voice and fax numbers
for technical and administrative contacts
- The Internet protocol numbers for the primary and secondary
name servers
- The corresponding names of the name servers
- The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, Wild West
may make use of the publicly available information You provided
during the registration process. If You engage in the reselling
of domain names You agree to provide any individuals whose personal
information You've obtained, information about the possible
uses of their personal information pursuant to ICANN policy.
You also agree to obtain consent, and evidence of consent, from
those individuals for such use of the personal information they
provide. |
4. dispute resolution policy |
| You agree to be bound by our current Dispute
Resolution Policy. This policy is incorporated herein and made
a part of this agreement. You can view the Uniform
Domain Name Dispute Resolution Policy online. You agree
that Wild West may from time to time modify its Dispute Resolution
Policy. Wild West will post any changes to its Dispute Resolution
Policy at least 30 days before they become effective. You agree
that by maintaining Your domain name registrations with Wild
West after the updated policy becomes effective that You agree
to the Dispute Resolution policy as amended. You agree to review
Wild West's web site periodically to determine if changes have
been made to the Dispute Resolution Policy. If You cancel Your
agreement with Wild West as a result of the modified Dispute
Resolution policy no fees will be refunded to You.
You agree that if a dispute arises as a result of one or more
domain names You have registered using Wild West, You will indemnify,
defend and hold Wild West harmless as provided for in this agreement.
You also agree that if Wild West is notified that a complaint
has been filed with a governmental, administrative or judicial
body, regarding a domain name registered by You using Wild West,
that Wild West, in its sole discretion, may take whatever action
Wild West deems necessary regarding further modification, assignment
of and/or control of the domain name deemed necessary to comply
with the actions or requirements of the governmental, administrative
or judicial body until such time as the dispute is settled.
In this event You agree to hold Wild West harmless for any action
taken by Wild West. |
5. transfer of domain names; resale practices |
| If You transfer any domain name You agree
to provide the information required by, and to abide by, the
procedures and conditions set forth in our Domain
Transfer Agreement . You may view the latest version of
our Domain Transfer Agreement online. In order to further protect
Your domain, any domain registered with Wild West or transferred
to Wild West shall be placed on lock status. The domain must
be placed on unlock status in order to modify any of the Whois
information including the name servers, or initiate a transfer
of the domain name away from Wild West to a new Registrar. You
may log into Your account with Wild West at any time after Your
domain name has been successfully transferred to Wild West,
and change the status to unlock.
In the event You are purchasing a domain name on behalf of
a third party, You agree to inform any customer of Yours, who
may be acquiring a domain name through You using Wild West's
registration services, that they are in fact registering their
domain name through Wild West and that Wild West is an accredited
registrar with ICANN. You agree not to represent that You are
an ICANN accredited registrar or that You are in any way providing
superior access to the ICANN Domain Name Registry. You also
agree not to use the ICANN trademark logo in any of Your promotional
materials including Your web site.
You agree to obtain each of Your customers' acceptances of
Wild West's then current Domain Registration Agreement, and
to retain evidence of their acceptance for a period of not less
than three (3) years. Should You require that Your customers
accept additional terms and conditions that are not required
by Wild West, You agree that such additional terms and conditions
shall not conflict with Wild West's Domain Registration Agreement
and the policies and business procedures adopted by ICANN.
You agree that Wild West is not lending You access to its registrar
connections or its registry access, nor will You be deemed to
be a registrar in Your own right. Furthermore, You agree You
will not attempt to gain access to Wild West's registrar connections
or registry access. You agree to provide complete, accurate
and current data for each registrant to be added to a registry
in accordance with ICANN requirements for inclusion in the Whois
database.
You agree to provide Your customers with adequate customer
support, and to maintain contact with them with regard to providing
a medium for them to communicate changes in the information
they provided as part of the domain name registration process.
Upon receiving corrected or updated information You will, within
5 business days, provide such information to Wild West so Wild
West may update its registration records. You will retain copies
of all communications between You and Your customers and will
upon request provide Wild West copies of same. |
6. suspension of services; breach of agreement |
| You agree that, in addition to other events
set forth in this agreement, (i) Your ability to use any of
the services provided by Wild West is subject to cancellation
or suspension in the event there is an unresolved breach of
this agreement and/or suspension or cancellation is required
by any policy now in effect or adopted later by ICANN, and (ii)
Your registration of any domain names shall be subject to suspension,
cancellation or transfer pursuant to any ICANN adopted specification
or policy, or pursuant to any Wild West procedure not inconsistent
with an ICANN adopted specification or policy, (1) to correct
mistakes by Wild West or the registry operator in registering
any domain name or (2) for the resolution of disputes concerning
any domain name.
You agree that Your failure to comply completely with the terms
and conditions of this agreement and any Wild West rule or policy
may be considered by Wild West to be a material breach of this
agreement and that Wild West may provide You with notice of
such breach either in writing or electronically (i.e. email).
In the event You do not provide Wild West with material evidence
that You have not breached Your obligations to Wild West within
ten (10) business days, Wild West may terminate its relationship
with You and take any remedial action available to Wild West
under the applicable laws. Such remedial action may be implemented
without notice to You and may include, but is not limited to,
canceling the registration of any of Your domain names and discontinuing
any services provided by Wild West to You. No fees will be refunded
to You should Your agreement be cancelled or services be discontinued
because of a breach.
Wild West's failure to act upon or notify You of any event,
which may constitute a breach, shall not relieve You from or
excuse You of the fact that You have committed a breach. |
7. restriction of services; right of refusal |
| You agree not to use the services provided
by Wild West, or to allow or enable others, to use the services
provided by Wild West for the purposes of:
- The transmission of unsolicited email (Spam).
- Repetitive, high volume inquires into any of the services
provided by Wild West (i.e. domain name availability, etc.).
If You are hosting Your domain's domain name servers ("DNS") on
Wild West's servers, or are using our systems to forward a domain,
URL, or otherwise to a system or site hosted elsewhere, or if
You have your domain name registered with Wild West, You are responsible
for ensuring that there is no excessive overloading on Wild West's
DNS systems. You may not use Wild West's servers and Your domain
as a source, intermediary, reply to address, or destination address
for mail bombs, Internet packet flooding, packet corruption, or
other abusive attack. Server hacking or other perpetration of
security breaches is prohibited. You agree that Wild West reserves
the right to deactivate Your domain name from its DNS system if
Wild West deems it is the recipient of activities caused by your
site that threaten the stability of its network.
You agree that Wild West, in its sole discretion and without
liability to You, may refuse to accept the registration of any
domain name. Wild West also may in its sole discretion and without
liability to You delete the registration of any domain name
during the first thirty (30) days after registration has taken
place. Wild West may also cancel the registration of a domain
name, after thirty (30) days, if that name is being used, as
determined by Wild West in its sole discretion, in association
with spam or morally objectionable activities. Morally objectionable
activities will include, but not be limited to: activities designed
to defame, embarrass, harm, abuse, threaten, slander or harass
third parties; activities prohibited by the laws of the United
States and/or foreign territories in which You conduct business;
activities designed to encourage unlawful behavior by others,
such as hate crimes, terrorism and child pornography; activities
that are tortious, vulgar, obscene, invasive of the privacy
of a third party, racially, ethnically, or otherwise objectionable;
activities designed to impersonate the identity of a third party;
and activities designed to harm or use unethically minors in
any way. In the event Wild West refuses a registration or deletes
an existing registration during the first thirty (30) days after
registration, You will receive a refund of any fees paid to
Wild West in connection with the registration either being canceled
or refused. In the event Wild West deletes the registration
of a domain name being used in association with spam or morally
objectionable activities, no refund will be issued.
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8. limitation of liability |
| You agree that Wild West's entire liability
to you under this agreement, and your only remedy, in connection
with any service provided by Wild West, to you under this agreement,
and for any breach of this agreement by Wild West, shall be
limited to the fees you paid to Wild West for the particular
service in contention. Wild West and its agents and contractors
shall not be liable for any direct, indirect incidental, special,
or consequential damages resulting from the use of or inability
to use any of Wild West's services or for the cost of obtaining
substitute services. Because certain states do not permit the
limitation of elimination of liability for certain types of
damage, Wild West's liability shall be limited to the smallest
amount permitted by law. Wild West disclaims any loss or liability
resulting from:
- access delays or interruptions to our web site or domain
name registration system
- data non-delivery or mis-delivery between You and Wild West
- events beyond our control (i.e. acts of God)
- the loss of registration or processing of a domain name
or the use of a domain name
- the failure for whatever reason to renew a domain name registration
- the unauthorized use of Your account with Wild West or any
of services provided to You by Wild West
- errors, omissions or misstatements
- deletion of, failure to store, or failure to process or
act upon email messages
- processing of updated information to Your registration record
- development or interruption of Your web site
- errors taking place with regard to the processing of Your
application
- application of Wild West's Dispute Resolution Policy
- any act or omission caused by You or Your agent (whether
authorized by You or not)
|
9. indemnity |
| You agree to release, defend, indemnify and hold
harmless Wild West and its contractors, agents, employees, offices,
directors, shareholders and affiliates from and against any losses,
damages or costs, including reasonable attorney's fees, resulting
from any claim, action, proceeding suit or demand arising out
of or related to Your (including Your agents, affiliates or anyone
using Your account with Wild West whether or not on Your behalf,
and whether or not with Your permission) use of the services provided
by Wild West. Should Wild West be notified of a pending law suit,
or receive notice of the filing of a law suit, Wild West may seek
a written confirmation from You concerning Your obligation to
indemnify Wild West. Your failure to provide such a confirmation
may be considered a breach of this agreement. |
10. representation and warranties |
| You warrant that all information provided
by You as part of the registration process is complete and accurate.
You also warrant that each registration You make is being done
so in good faith and that You have no knowledge of it infringing
upon or conflicting with the legal rights of a third party or
a third party's registration, trademark or trade name. You also
warrant that the domain name being registered will not be used
in connection with any illegal activity.
You agree that Wild West makes no representations or warranties
or any kind in connection with this agreement and specifically
makes no guaranty to You against the possibility of objection
to, or challenge of, the registration or use of any domain name
You register with Wild West.
Wild West expressly reserves 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 Wild West, as well as its affiliates, subsidiaries,
officers, directors and employees. Wild West also reserves the
right to freeze a domain name during resolution of a dispute.
|
11. disclaimer of warranties |
| Wild West expressly disclaims 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. Wild West makes no warranty that
its service(s) will meet your requirements, or that the service(s)
will be uninterrupted, timely, secure, or error free, or that
defects will be corrected. Wild West does not warrant, nor make
any representations regarding the use, or results of, any of the
services it provides, in terms of their correctness, accuracy,
reliability, or otherwise. |
12. severability; entirety |
| You agree that the terms of this Agreement
are severable. If any part of this Agreement is determined to
be unenforceable or invalid, that part of the agreement will
be interpreted in accordance with applicable law as closely
as possible, in line with the original intention of both parties
to the Agreement. The remaining terms and conditions of the
Agreement will remain in full force and effect.
You agree that this agreement including the policies it refers
to (i.e. our Dispute Resolution Policy, etc.) constitute the
complete and only agreement between You and Wild West regarding
the services contemplated herein. |
13. venue; waiver of trial by jury |
| This agreement shall be deemed entered into
in the state of Arizona. Except for all disputes concerning
the use of a domain name registered with Wild West, the laws
and judicial decisions of Maricopa county, Arizona, shall be
used to determine the validity, construction, interpretation
and legal effect of this agreement. For the adjudication of
disputes concerning or arising from the use of a domain name
registered with Wild West, You shall submit, without prejudice
to other potential applicable jurisdictions, to the jurisdiction
of the courts (1) of Your domicile and (2) where Wild West is
located. You agree that any action relating to or arising out
of this agreement, shall be brought in the courts of Maricopa
county, Arizona.
You agree to waive the right to trial by jury in any proceeding
that takes pace relating to or arising out of this agreement.
|
14. notices |
You agree that all notices (except for notices
concerning breach of this agreement) from Wild West Domains, Inc.
to You may be posted on our web site and will be deemed delivered
within thirty (30) days after posting. Notices concerning breach
will be sent either to the email address You have on file with
Wild West Domains, Inc. or mailed first class postage to the postal
address You have on file with Wild West Domains, Inc.. In both
cases, delivery shall be deemed to have been made five (5) days
after the date sent. Notices from You to Wild West Domains, Inc.
shall be made either by email, sent to the address we provide
on our web site, or first class mail to our address at:
Domain Services C/O Wild West Domains, Inc., 14455 North Hayden
Rd., Suite 219, Scottsdale, AZ 85260 Delivery shall be deemed
to have been made by You to Wild West Domains, Inc. five (5) days
after the date sent. |
15. provisions specific to all registrations |
| You agree to be bound by the rules, policies,
and agreements of each Registry from which You purchase a domain
registration, which may include, but are not limited to, Top Level
Domain Registries and Second Level Domain Registries. |
16. provisions specific to .COM, .NET, AND .CC registrations
|
| Indemnification
You agree to indemnify, defend and hold harmless the .COM,
.NET, and .CC Registry Operator, VeriSign, Inc., and its directors,
officers, employees, agents, and affiliates from and against
any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses arising out of
or relating to the Registered Name holder's domain name registration.
|
17. provisions specific to .ORG registrants |
| Indemnification
You agree to indemnify, defend and hold harmless the .ORG Registry
Operator, Public Interest Registry, and its subcontractors,
shareholders, directors, officers, employees, agents, and affiliates
from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses arising
out of or relating to the Registered Name holder's domain name
registration. This indemnification requirement shall survive
the termination or expiration of the registration agreement.
|
18. provisions specific to .INFO registrants |
| Indemnification
You agree to indemnify, defend and hold harmless the .INFO
Registry Operator, Afilias Limited, and its subcontractors,
shareholders, directors, officers, employees, agents, and affiliates
from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses arising
out of or relating to the Registered Name holder's domain name
registration. This indemnification requirement shall survive
the termination or expiration of the registration agreement.
|
19. provisions specific to .WS (WEBSITE) registrations |
| Indemnification
You agree to indemnify, defend and hold harmless the .WS Registry
Operator, Global Domains International, Inc., and its directors,
officers, employees, agents, and affiliates from and against
any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses arising out of
or relating to the Registered Name holder's domain name registration.
You agree to be bound by any registry rules, policies, and
agreements for this ccTLD. The registration policies for this
ccTLD are available online and are incorporated herein. |
20. additional requirements for .INFO registrants |
| If You are registering a .INFO domain name
You also agree to:
- consent to the use, copying, distribution, publication,
modification and other processing of Registered Name Holder's
Personal Data by the .info Registry Operator and its designees
and agents;
- submit to proceedings commenced under ICANN's Uniform Domain
Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute
Resolution Policy ("SDRP");
- immediately correct and update the registration information
for the Registered Name during the registration term for the
Registered Name; and
- acknowledge that the Registry Operator will have no liability
of any kind for any loss or liability resulting from the proceedings
and processes relating to the Sunrise Period or the Land Rush
Period, including, without limitation: (a) the ability or
inability of a registrant to obtain a Registered Name during
these periods, and (b) the results of any dispute over a Sunrise
Registration.
|
21. additional requirements for .BIZ registrants |
| If You are registering a .BIZ domain name You
also agree to:
.BIZ Restrictions
Registrations in the .BIZ TLD must be used or intended to be
used primarily for bona fide business or commercial purposes.
For purposes of the .BIZ Registration Restrictions ("Restrictions"),
"bona fide business or commercial use" shall mean the bona fide
use or bona fide intent to use the domain name or any content,
software, materials, graphics or other information thereon,
to permit Internet users to access one or more host computers
through the DNS:
- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
- To facilitate (i) the exchange of goods, services, information,
or property of any kind; or, (ii) the ordinary course of
trade or business. Registering a domain name solely for
the purposes of (1) selling, trading or leasing the domain
name for compensation, or (2) the unsolicited offering to
sell, trade or lease the domain name for compensation shall
not constitute a "bona fide business or commercial use"
of that domain name.
.BIZ Certification
As a .BIZ domain name registrant, You hereby certify to the best
of Your knowledge that:
- The registered domain name will be used primarily for
bona fide business or commercial purposes and not (i) exclusively
for personal use; or (ii) solely for the purposes of (1)
selling, trading or leasing the domain name for compensation,
or (2) the unsolicited offering to sell, trade or lease
the domain name for compensation. More information on the
.BIZ restrictions, which are incorporated herein by reference,
are available online.
- The domain name registrant has the authority to enter
into the registration agreement; and
- The registered domain name is reasonably related to the
registrant's business or intended commercial purpose at
the time of registration.
Domain Name Dispute Policy
If You reserved or registered a .BIZ domain name through us,
You agree to be bound by our current domain name dispute policy
that is incorporated herein and made a part of this Agreement
by reference. Please take the time to familiarize Yourself with
that policy. In addition, You hereby acknowledge that You have
read and understood and agree to be bound by the terms and conditions
of the following documents, as they may be amended from time
to time, which are hereby incorporated and made an integral
part of this Agreement:
- The Uniform Domain Name Dispute Policy;
- The Start-up Trademark Opposition Policy ("STOP"); and
- The Restrictions Dispute Resolution Criteria and Rules.
The STOP sets forth the terms and conditions in connection
with a dispute between a registrant of a .BIZ domain name ("Registrant")
with any third party (other than Registry Operator or Registrar)
over the registration or use of a .BIZ domain name registered
by Registrant that is subject to the Intellectual Property Claim
Service. The Intellectual Property Claim Service a service introduced
by Registry Operator to notify a trademark or service mark holder
("Claimant") that a second-level domain name has been registered
in which that Claimant claims intellectual property rights.
In accordance with the STOP and its associated Rules, those
Claimants will have the right to challenge registrations through
independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other than
the Registry Operator or Registrar over the registration and
use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that
a domain name is not used primarily for business or commercial
purposes shall be enforced on a case-by-case, fact specific
basis by an independent ICANN-accredited dispute provider. None
of the violations of the Restrictions will be enforced directly
by or through Registry Operator. Registry Operator will not
review, monitor, or otherwise verify that any particular domain
name is being used primarily for business or commercial purposes
or that a domain name is being used in compliance with the SUDRP
or UDRP processes.
Domain Name Dispute Policy Modifications
You agree that we, in our sole discretion, may modify our dispute
policy. We will post any such revised policy on our Web site
at least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the reservation or registration
of Your domain name after modifications to the dispute policy
become effective, You have agreed to these modifications. You
acknowledge that if You do not agree to any such modification,
You may terminate this Agreement. We will not refund any fees
paid by You if You terminate Your Agreement with us.
Domain Name Disputes
You agree that, if Your use of our domain name registration
services is challenged by a third party, You will be subject
to the provisions specified in our dispute policy in effect
at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, You will indemnify
and hold us harmless pursuant to the terms and conditions set
forth below in this Agreement. If we are notified that a complaint
has been filed with a judicial or administrative body regarding
Your use of our domain name registration services, You agree
not to make any changes to Your domain name record without our
prior approval. We may not allow You to make changes to such
domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification
by You and the other party contesting Your registration and
use of our domain name registration services that the dispute
has been settled. Furthermore, You agree that if You are subject
to litigation regarding Your registration and use of our domain
name registration services, we may deposit control of Your domain
name record into the registry of the judicial body by supplying
a party with a registrar certificate from us.
Reservation of Rights
Wild West and the .BIZ Registry Operator, NeuLevel, Inc. expressly
reserve the right to deny, cancel or transfer any registration
that it deems necessary, in its discretion, to protect the integrity
and stability of the registry, to comply with any applicable
laws, government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of Wild West and/or
NeuLevel, Inc., as well as their affiliates, subsidiaries, officers,
directors and employees. Wild West and NeuLevel, Inc. also reserve
the right to freeze a domain name during resolution of a dispute.
Indemnification
You agree to indemnify, defend and hold harmless the .BIZ Registry
Operator, NeuLevel, Inc., and its directors, officers, employees,
agents, and affiliates from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable
legal fees and expenses arising out of or relating to the Registered
Name holder's domain name registration. This indemnification
requirement shall survive the termination or expiration of the
registration agreement. |
22. provisions specific to .US registrations |
| You agree to be bound
by any registry rules, policies, and agreements for this ccTLD.
The registration guidelines for this ccTLD are available online
and are incorporated herein. These policies may prohibit You
from changing, transferring, or assigning the name You have
submitted as Registrant.
The Registrant certifies that it meets the following Nexus
Requirements to qualify to register to use a .US domain name.
A. Registrants must be either:
- A natural person (i) who is a United States citizen, (ii)
who is a permanent resident of the United States of America
or any of its possessions or territories, or (ii) whose primary
place of domicile is in the United States of America or any
of its possessions, or;
- 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 (including a federal, state, or
local government of the United States, or a political subdivision
thereof, and non-commercial organizations based in the United
States), or;
- A foreign entity or organization that has a bona fide presence
in the United States of America or any of its possession or
territories that also (i) regularly engages in lawful activities
(sales of goods or services or other business, commercial
or non-commercial including not-for-profit activities) in
the Unites States, or (ii) maintains an office or other property
within the United States.
B. The name servers listed for all .US domain names must
be based within the United States of America or any of its possessions
or territories.
Registrant further certifies that Wild West has requested specific
information regarding how the Registrant meets the Nexus requirement
and that Registrant has willingly volunteered such information.
Registrant understands and agrees that such information will
be verified and will be shared with the .US Registry.
Registrant understands and agrees that if such information cannot
be verified, or if Registrant fails to continue to abide by the
Nexus Requirements, the registered domain name shall be subject
to immediate cancellation.
Indemnification
You agree to indemnify and hold harmless the .US Registry Operator,
NeuStar, and its directors, officers, employees, representatives,
agents, affiliates, and stockholders from and against any and
all claims, suits, actions, other proceedings, damages, liabilities,
costs and expenses of any kind, including without limitation
reasonable legal fees and expenses, arising out of or relating
to the Registrant's (i) .US domain name registration and (ii)
use of any .US registered domain name.
.US Registration Restrictions
You understand and agree that when You register one of these
domains, that You are prohibited from using any profanity in
the domain name, pursuant to the .US policy available online.
The definition of profanity can be found in the Supreme Court
decision, FCC v. Pacifica Foundation, made famous by George
Carlin.
Further, You acknowledge and agree that You are not permitted
to purchase private or proxy .US registrations. You shall register
for any and all .US registrations using Your personal information,
which information You represent and warrant is current, accurate
and complete. |
23. provisions specific to .NAME registered items |
| Eligibility Requirements - Dispute Resolution
You represent and warrant that the name You are registering
is Your legal, personal name, or that You own the intellectual
property rights to that name. If at any time it is discovered
that it is not Your legal personal name, or Your intellectual
property, the .NAME Registry Operator, Global Name Registry
(GNR) and Wild West reserve the right to cancel Your registration
without refund, or transfer it to another party. In addition
to the above You agree to be bound by the provisions of the
entire Eligibility Requirements Dispute Resolution Policy.
Consent - Defensive Registration
A Defensive Registration is a registration designed for the
protection of trademarks and service marks and may be granted
to prevent a third party from registering a variation of a trademark
or the exact trademark. If the name You wish to register is
subject to a Defensive Registration, You have three options:
(i) You may register a variation of the name, (ii) You may challenge
the Defensive Registration under the Eligibility Requirements
Dispute Resolution Policy ("ERDRP"), or (iii) You may request
Consent from the Defensive Registrant. You can request Consent
by contacting the Defensive Registrant listed in the GNR Whois
database and requesting consent to register the .name domain.
If the Defensive Registrant grants consent, they must confirm
in writing that they grant consent. If the Defensive Registrant
does not grant consent, you may wish to challenge the Defensive
Registration under the ERDRP. The policy is available online.
Acceptable Use Policy
You agree to be bound by GNR’s Acceptable Use
Policy. Among other limitations, this policy prohibits You
from using your .name Email to engage in Spamming activities.
You will be limited to a maximum of 500 messages sent from Your
.name at a time.
Waiver of Liability
You agree that GNR and Wild West will have no 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, the ability or inability to obtain a domain
name or email address registration using these processes; or
(ii) any dispute over any domain name or email address registration,
including the decision of any dispute resolution proceeding
related to any of the foregoing.
Indemnification
You agree to indemnify, defend and hold harmless GNR, and its
directors, officers, employees, agents, and affiliates from
and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses arising
out of or relating to the Registered Item Holder's registration.
You agree that this indemnification obligation shall survive
the termination or expiration of this Registration Agreement.
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24. OTHER COUNTRY CODE TOP LEVEL DOMAINS |
| You represent and warrant that You meet the eligibility
requirements of each country code top level domain ("ccTLD") You
apply for. You further agree to be bound by any registry rules,
policies, and agreements for that particular ccTLD. These may
include, but are not limited to, agreeing to indemnify the ccTLD
provider, limiting the liability of the ccTLD provider, and requirements
that any disputes be resolved under that particular country's
laws. |
25. provisions specific to .AT registrations |
| You understand and agree that in order to register
these domains, a pre-registration DNS validation check is required
by the Registry. |
26. provisions specific to .BE registrations. |
| You understand and agree that in order to register
these domains, a pre-registration DNS validation check is required
by the Registry. |
27. provisions specific to .CO.NZ, .NET.NZ, and .ORG.NZ registrations.
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| You understand and agree that in order to register
these domains, a pre-registration DNS validation check is required
by the Registry. |
28. additional requirements FOR .UK ( .ORG.UK , .ME.UK, .CO.UK
) registrations |
| You understand and agree that when You register
one of these domains, that the minimum term is two years. |
29. provisions specific to .BE registrants |
| You agree to be bound by any registry rules,
policies, and agreements for this ccTLD. The registration guidelines
for this ccTLD are available online and are incorporated herein.
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30. provisions specific to .DE registrants |
| You represent and warrant that You meet the
eligibility requirements of this ccTLD. You further agree to
be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
online and are
incorporated herein.
.DE Registration Restrictions
You represent and warrant that You or Your administrative contact
has a German address, which cannot be a P.O. Box. You may not
use the names of other top-level domains (e.g. .ARPA, .COM,
.EDU, .GOV, .INT, .NET, .NATO, .MIL, .ORG and all country-related
TLDs) or German automobile identification numbers as domain
names.
.DE Local Presence Service
If You do not provide an administrative contact ("Admin-C")
with a German address, then You shall be subject to the local
presence service terms and conditions, which are part of the
registration guidelines for this ccTLD. You also agree to the
following:
- Wild West and You hereby request and authorize Verisign
to list an individual designated by Verisign as Admin-C for
the requested DENIC domain(s). Neither Verisign nor the Admin-C
are required to monitor the legality of the domain name use
including, not limited to, contents and services offered;
- Wild West and You acknowledge and agree that Verisign and/or
the Admin-C may, without any liability to You or any third-party,
take such steps as in the opinion of Verisign and/or the Admin-C
are necessary in order to (a) limit Verisign's and/or the
designated Admin-C's liability related to, directly or indirectly,
the DENIC domain(s); (b) comply with any laws, regulations
or other legal requirements; and/or (c) address any letter,
causes of action, suits, proceeding, complaints, cease and
desist orders and demands of any kind or any other inquiry
from DENIC or any other third party related to the DENIC domain(s).
Such actions may include, but are not limited to, (a) disabling
the website pending resolution of the conflict and/or redirecting
the DENIC domains to a blank page or placeholder; (b) cancelling
the registration of the DENIC domain name(s); (c) ceasing
administration of the domain name and placing it in a transit
state; (d) removing or replacing the Admin-C from or in the
Whois record, (e) redirecting the DENIC domain(s) to an alternate
IP address; (f) allowing the registration of the DENIC domain
to lapse; (g) transferring the registration to an individual
or entity which is awarded the registration through any court
proceeding, arbitration, or by DENIC; (h) settling any and
all third party, whether threatened or made, arising out of
Your use of the DENIC domain names; and/or (i) terminating
the Local Presence Service. Wild West and You undertake to
respond in writing to requests by Verisign and/or the Admin-C
immediately within time limits set by Verisign and/or the
Admin-C. Unless a different response deadline is requested
in writing by Verisign and/or the Admin-C, Wild West and You
agree to respond in writing to such requests within forty
eight (48) hours. Correspondence sent to Wild West or You
shall be regarded as delivered. Verisign or the Admin-C may,
at its own discretion, request a security for its expenses
which may occur in case a third party alleges that the use
of the domain name is an infringement of laws. The amount
of security will be determined at the Admin-C discretion in
accordance with the Court Costs (GKG) and the Attorney's Remuneration
Act (RVG). The security must be paid in cash or guaranteed
by a major German bank or savings bank (Sparkasse) within
the time limit set by Verisign and/or the Admin-C.
- Wild West AND YOU ACKNOWLEDGE AND AGREE THAT VERISIGN AND
THE ADMIN-C SHALL HAVE NO LIABILITY TO YOU, Wild West OR ANY
THIRD-PARTY RELATED TO, DIRECTLY OR INDIRECTLY, THE LOCAL
PRESENSE SERVICES AND/OR THE EXERCISE OF ANY OF THEIR RIGHTS
UNDER THESE LOCAL PRESENSE SERVICES TERMS AND CONDITIONS.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE,
STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF VERISIGN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES
WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS
DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, VERSIGN'S LIABILITY IN
SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
- Wild West and You agree to release, defend, indemnify and
hold harmless Verisign, its parent companies, subsidiaries,
affiliates, shareholders, agents, directors, officers and
employees and the individual designated as Admin-C for the
DENIC domain(s), from and against any and all claims (including,
but not limited to, claims of trademark infringement or cybersquatting),
demands, liabilities, losses, damages or costs, including
reasonable attorneys' fees, arising out of or related in any
way to, the Local Presence Services, the DEMINC domain(s),
and/or Your use of the DEMIN domain(s).
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31. .JP registration restrictions |
| You represent and warrant that You have a
local presence in Japan with a home or office address. You agree
that certain domains are reserved and can only be registered
by certain parties. These include:
- TLDs, other than ccTLDs, as determined by ICANN;
- Geographical-type .JP domain names that are defined as metropolitan,
prefectural, and municipal labels;
- Names of primary and secondary educational organizations
- Names of organizations related to Internet management;
- Names required for .JP domain name operations; and
- Character strings which may be confused with ASCII-converted
Japanese domain names.
The complete list of .JP Reserved Domains is available online.
Additional Requirements for .JP Registrants
You agree to be bound by any registry rules, policies, and
agreements for this ccTLD, which are incorporated herein. You
must choose from the following list of Japanese Prefecture codes
and submit this information with Your order. Prefecture codes
are defined as follows:
01 HOKKAIDO
13 SAITAMA
25 OSKA
37 TOKUSHIMA
02 AOMORI
14 IBARAKI
26 WAKAYAMA
38 EHIME
03 IWATE
15 TOCHIGI
27 HYOGO
39 KOCHI
04 AKITA
16 GUNMA
28 TOYAMA
40 FUKUOKA
05 YAMAGATA
17 YAMANASHI
29 FUKUI
41 SAGA
06 MIYAGI
18 SHIZUOKA
30 ISHIKAWA
42 NAGASAKI
07 FUKUSHIMA
19 GIFO
31 OKAYAMA
43 KUMAMOTO
08 NIIGATA
20 AICHI
32 SHIMANE
44 OITA
09 NAGANO
21 MIE
33 YAMAGUCHI
45 MIYAZAKI
10 TOKYO
22 KYOTO
34 TOTTORI
46 KAGOSHIMA
11 KANAGAWA
23 SHIGA
35 HIROSHIMA
47 OKINAWA
12 CHIBA
24 NARA
36 KAGAWA
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32. provisions specific to .NZ registrants (.CO.NZ, .ORG.NZ, .NET.NZ)
|
| You represent and warrant that You meet the
eligibility requirements of this ccTLD. You further agree to
be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
online and
are incorporated herein.
If you are registering a Second Level Domain under this ccTLD,
You further agree to be bound by the Second Level Domain's rules,
policies, and agreements, which are incorporated and made a
part of this Agreement herein.
.NZ Registration Restrictions (.CO.NZ, .ORG.NZ, NET.NZ)
You represent and warrant that You are an identifiable individual
over 18 years of age or a properly constituted organization.
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33. provisions specific to .AT registrants |
| You represent and warrant that You meet the eligibility
requirements of this ccTLD. You further agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The registration
guidelines for this ccTLD are available here and
are incorporated herein. |
34. provisions specific to .UK registrants (.ORG.UK, .ME.UK, .CO.UK)
|
| You represent and warrant that You meet the
eligibility requirements of this ccTLD. You further agree to
be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
here and
the rules are available here ,
and are incorporated herein.
If you are registering a Second Level Domain under this ccTLD,
You further agree to be bound by the Second Level Domain's rules,
policies, and agreements, which are incorporated and made a
part of this Agreement herein. |
35. provisions specific to .CC registrants |
| You represent and warrant that You meet the eligibility
requirements of this ccTLD. You further agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The registration
guidelines for this ccTLD are available online
and are incorporated herein. |
36. provisions specific to .TV registrants |
| You represent and warrant that You meet the
eligibility requirements of this ccTLD. You further agree to
be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
online
and are incorporated herein.
.TV Registration Restrictions
If You are registering a multi-lingual .TV domain name, You
are aware of and agree that the domain name must be less than
16 characters in length. The FAQ on multi-lingual .TV domain
names is available online.
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Revised: 11/1/2006 Copyright © 2000-2006 Wild West Domains, Inc. All
Rights Reserved. |
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