Online Application Development by Digital Company in India.
Our Web Application development process begins with technical analysis of your project idea, and providing you with development options.
Online Application Development by Digital Company in India.
This is the main Customer Master agreement that would apply to you as our Customer. Apart from this Master Agreement, the following Product Specific Agreements may also apply to you depending on the Products and Services you buy.
CUSTOMER DOMAIN
REGISTRATION PRODUCT AGREEMENT EXTENSION
Global Webs Link (here in after referred to as “Parent”)
AND you (here in after referred to as “Customer”)
HAVE
Entered into a Customer Master Agreement (“Agreement”) effective
from February 27, 2013 of which this “Domain Registration
Product Agreement Extension” is a part.
WHEREAS, Parent is authorized to provide Internet registration
and management services for domain names, for the list of TLDs
mentioned within APPENDIX ‘B’;
WHEREAS, the Customer wishes to purchase Registration and/or
Management and/or Renewal and/or Transfer for the list of TLDs
mentioned within APPENDIX ‘B’ through Parent;
NOW, THEREFORE, for and in consideration of the mutual promises,
benefits and covenants contained herein and for other good and
valuable consideration, the receipt, adequacy and sufficiency of
which are hereby acknowledged, Parent and the Customer,
intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) “TLD” refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US,
.IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC, .MOBI, .ASIA,
.ME, .TEL, .MN, .BZ, .CC, .TV, .CN, .NZ, .CO, .CA, .DE, .ES,
.AU, .XXX , .RU, .PRO, .SX AND .PW
(2) “gTLD” refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME,
.TRAVEL, .COOP, .MOBI, .ASIA, .TEL, .XXX AND .PRO
(3) “Domain Order” refers to an Order fulfilled by the Customer
through the Parent under this Domain Registration Product
Agreement Extension.
(4) “Registrant” refers to the registrant/owner of a Domain
Order as in the OrderBox Database.
(5) “Registrar” refers to the Registrar of a Domain Order as in
the OrderBox Database and/or shown in the Whois Record.
(6) Registry Operator refers to the Organisation/Entity that
maintains the registry of a TLD of a Domain Order.
(7) “Who is 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, Name servers if
any, its Creation and Expiry dates, its Registrar and its
current Status in the Registry.
2. OBLIGATIONS OF THE CUSTOMER
(1) The Customer must ensure that the Registrant of each Domain
Order must agree to be bound by the terms and conditions laid
out by the Registrar of the Domain Name during the term of the
Domain Order. The Customer must familiarize himself with such
terms. The Customer acknowledges that the Registrar has various
rights and powers as mentioned in the Registrar’s terms and
conditions. Parent is not liable for any action taken by
Registrar pursuant to the Registrar’s terms and conditions. The
Customer acknowledges and agrees that the Customer shall
indemnify Parent of, and shall be responsible for any liability
resulting from Registrants’ noncompliance with such terms and
conditions.
(2) The Customer will not make any changes to any information
associated with the Domain Order without explicit authorization
from the Registrant of that Domain Order.
(3) The Customer must comply with all applicable terms and
conditions, standards, policies, procedures, and practices laid
down by ICANN, the Registrar and the Registry Operator.
3. RIGHTS OF PARENT
Parent and Service Providers, in their sole discretion,
expressly reserve the right to freeze, delete, suspend, deny,
cancel, modify, take ownership of or transfer any Domain Order,
in order to comply with any applicable Dispute policies,
requests of law enforcement, or in compliance with any Court
Orders, or if Parent or Service Providers in their sole
discretion determine that the information associated with the
Domain Order is inaccurate, or has been tampered with, or has
been modified without authorization, or if Parent or Service
Providers in their sole discretion determine that the Domain
Order ownership should belong to another entity, or if
Customer/Customer/Registrant does not comply with any applicable
terms and conditions, standards, policies, procedures, and
practices laid down by Parent, Service Providers, ICANN, the
Registrar and the Registry Operator. The Customer agrees that
Parent and Service Providers, and the contractors, employees,
directors, officers, representatives, agents and affiliates, of
Parent and Service Providers, are not liable for loss or damages
that may result from any of the above.
4. SURVIVAL
In the event of termination of this Product Agreement Extension
for any reason, Sections 2 and 3 shall survive.
APPENDIX ‘A’
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the
actual owner from appearing in the Who is Lookup Result of his
domain name.
2. IMPLEMENTATION DETAILS
(1) Customer acknowledges and agrees that the contact
information being displayed in the Whois of a privacy protected
Domain Order will be those designated by the Parent, and
(1) Any mail received via post at this Address would be
rejected;
(2) Any telephone call received at this Telephone Number, would
be greeted with an electronic answering machine requesting the
caller to email the email address listed in the Whois of this
privacy protected domain name;
(3) The sender of any email to an email address listed in the
Who is of this privacy protected domain name, will get an
automated response email asking them to visit the URL http://www.privacyprotect.org/
to contact the Registrant, Administrative, Billing or Technical
Contact of a privacy protected domain name through an online
form. This message would be relayed as an email message via
http://www.privacyprotect.org/ to the actual Registrant,
Administrative, Billing or Technical Contact email address in
the Order Box Database.
(2) Customer agrees that we can not guarantee delivery of
messages to either the Registrant, Administrative, Billing,
Technical Contact, of a privacy protected Domain Order, and that
such message may not be delivered in time or at all, for any
reason whatsoever. Parent and Service Providers disclaim any and
all liability associated with non-delivery of any messages
relating to the Domain Order and this service.
(3) Customer understands that the Privacy Protection Service is
only available for certain TLDs.
(4) Irrespective of whether Privacy Protection is enabled or
not, Customers and Registrants are required to fulfill their
obligations of providing true and accurate contact information
as detailed in the Agreement.
(5) Customer understands and acknowledges that Parent in its
sole, unfettered discretion, can discontinue providing Privacy
Protection Services on the Order for any purpose, including but
not limited to:
(1) If Parent receives any abuse complaint for the privacy
protected domain name, or
(2) Pursuant to any applicable laws, government rules or
requirements, requests of law enforcement agency, or
(3) For the resolution of disputes concerning the domain name,
or
(4) Any other reason that Parent in its sole discretion deems
appropriate to switch off the Privacy Protection Services.
3. OBLIGATIONS OF CUSTOMER
Customer must ensure that the Registrant of each Domain Order
must also acknowledge and agree to be bound by the following
terms and conditions. The Customer acknowledges and agrees that
the Customer shall indemnify Parent of, and shall be responsible
for any liability resulting from Customer’s nondisclosure of
these terms to Registrant of Domain Order.
4. INDEMNITY
Customer and Registrant agree to release, defend, indemnify and
hold harmless Parent, Service Providers, PrivacyProtect.org, and
their parent companies, subsidiaries, affiliates, shareholders,
agents, directors, officers and employees, from and against any
and all claims, demands, liabilities, losses, damages or costs,
including reasonable attorney’s fees, arising out of or related
in any way to the Privacy Protection services provided
hereunder.
APPENDIX ‘B’
LIST OF TLDS PARENT IS AUTHORIZED TO PROVIDE DOMAIN NAME
REGISTRATION AND MANAGEMENT SERVICES
.COM, .NET (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ORG (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.BIZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.INFO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.NAME and .NAME Defensive Registrations and .NAME Mail Forwards
(through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.US (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.IN (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.EU (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.UK (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd.
D/B/A PublicDomainRegistry.com)
.WS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.COOP (through Registrar The Midcounties Co-operative Ltd)
CentralNIC (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.MOBI (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ASIA (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ME (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TEL (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.MN, .BZ (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CC, .TV (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CN (through Registrar Directi Web Services Pvt. Ltd)
.NZ (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.CO (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.CA (through Registrar PublicDomainRegistry.com Inc)
.DE (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.ES (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.AU (through Registrar Public Domain Registry Pty Ltd.)
.RU (through Registrar RU-Center)
.XXX (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.PRO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.SX (through Registrar PDR Ltd.)
.PW (through Registrar <#=dotpw_serviceprovidername#>)
APPENDIX ‘C’
VERISIGN MOBILEVIEW SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Verisign MobileView Service creates a mobile-friendly
version for your .COM and .NET website.
2. IMPLEMENTATION DETAILS
Registrant agrees that Verisign may store the following data
elements about any MobileView-enabled domain name:
(1) General Details (Company Name, Description and Company
Logo);
(2) Contacts (Phone, Email and Address);
(3) Social (Facebook and Twitter URL);
(4) Products (Product Name, Description, Price and Image);
(5) Business Hours (Title and Hours of Operation);
(6) Coupons (Name, Description, Disclaimer, Image, Start and End
Date).
(7) Usage information:
(1) Number of hits for any given domain name;
(2) User agent (where the request is coming from);
(3) Crawling website to collect website information.
3. DATA USAGE
Registrant agrees and acknowledges the following terms of data
usage by Verisign:
(1) The data will be used to display to the end users and not
used for any other internal purposes. This data is all publicly
available on the internet and/or customer website.
(2) Customer information is used to create and maintain accounts
as well as contacting Customers in case of any problems with
accounts, provide technical support, conduct surveys and other
similar activities.
(3) Verisign may use data for statistical analysis purpose to
understand the Verisign MovileView adoption rate, trend by TLD’s
etc. in order to make improvements to our services.
(4) Verisign may also use data collected under the
IMPLEMENTATION DETAILS, in accordance with the terms of their
privacy policy as set forth at
http://www.verisigninc.com/en_US/privacy/index.xhtml.
4. DATA RETENTION
Registrant acknowledges that Verisign may retain some data that
has been anonymized under the IMPLEMENTATION DETAILS, as well as
retain statistical information derived from aggregated data,
even after the MobileView Service has been cancelled.
5. DATA TRANSFER
Registrant acknowledges that Verisign may transfer data
collected under the IMPLEMENTATION DETAILS across International
boundaries.
This represents the Agreement between the Registrant (Owner) of a Domain Name and the Registrar. If you register a domain name through us, this Agreement will apply to the person whose information you filled in the Owner section during the Registration process.
DOMAIN REGISTRANT AGREEMENT
This Domain Registrant Agreement (hereinafter referred to as the
“Agreement”) between you (“you”, “your” or “Registrant”) and the
Registrar of the Domain Name, or .NAME Defensive Registration,
or .NAME Mail Forward (the “Order”) that you have
registered/reserved through or transferred to Registrar, sets
forth the terms and conditions of Registrar’s domain name
registration service and other associated services as described
herein.
If you are entering into this agreement on behalf of a company
or other legal entity, you represent that you have the authority
to bind such entity to these terms and conditions, in which case
the terms “you”, “your” and “Registrant” shall refer to such
entity.
This Agreement explains our obligations to you, and your
obligations to us in relation to each Domain Name, or .NAME
Defensive Registration, or .NAME Mail Forward that you have
registered/reserved through or transferred to Registrar
(“Order”), directly or indirectly, whether or not you have been
notified about Registrar.
This Agreement will become effective when the term of your Order
begins with Registrar and will remain in force until the Order
remains as an active Order with Registrar. Registrar may elect
to accept or reject the Order application for any reason at its
sole discretion, such rejection including, but not limited to,
rejection due to a request for a prohibited Order.
WHEREAS, Registrar is authorized to provide Internet
registration and management services for domain names, for the
list of TLDs mentioned within APPENDIX ‘U’;
AND WHEREAS, the Registrant is the Owner of a registration of a
domain name (“the SLD”) in any of the TLDs mentioned within
APPENDIX ‘U’, directly or indirectly;
NOW, THEREFORE, for and in consideration of the mutual promises,
benefits and covenants contained herein and for other good and
valuable consideration, the receipt, adequacy and sufficiency of
which are hereby acknowledged, Registrar and the Registrant,
intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) “Business Day” refers to a working day between Mondays to
Friday excluding all Public Holidays.
(2) “Communications” refers to date, time, content, including
content in any link, of all oral / transmitted / written
communications / correspondence between Registrar, and the
Registrant, and any Artificial Juridical Person, Company,
Concern, Corporation, Enterprise, Firm, Individual, Institute,
Institution, Organization, Person, Society, Trust or any other
Legal Entity acting on their behalf.
(3) “Customer” refers to the customer of the Order as recorded
in the OrderBox Database.
(4) “OrderBox” refers to the set of Servers, Software,
Interfaces, Registrar Products and API that is provided for use
directly or indirectly under this Agreement by Registrar and/or
its Service Providers.
(5) “OrderBox Database” is the collection of data elements
stored on the OrderBox Servers.
(6) “OrderBox Servers” refer to Machines / Servers that
Registrar or its Service Providers maintain to fulfill services
and operations of the OrderBox.
(7) “OrderBox User” refers to the Customer and any Agent,
Employee, Contractee of the Customer or any other Legal Entity,
that has been provided access to the “OrderBox” by the Customer,
directly or indirectly.
(8) “Registrar” refers to the Registrar of record as shown in a
Whois Lookup for the corresponding Order at the corresponding
Registry Operator.
(9) “Registrar Products” refer to all Products and Services of
Registrar which it has provided/rendered/sold, or is
providing/rendering/selling.
(10) “Registrar Servers” refer to web servers, Mailing List
Servers, Database Servers, OrderBox Servers, Whois Servers and
any other Machines / Servers that Registrar or its Service
Providers Operate, for the OrderBox, the Registrar Website, the
Registrar Mailing Lists, Registrar Products and any other
operations required to fulfill services and operations of
Registrar.
(11) “Registrar Website” refers to the website of the Registrar.
(12) “Registry Operator” refers individually and collectively to
any Artificial Juridical Persons, Company, Concern, Corporation,
Enterprise, Firm, Individual, Institute, Institution,
Organization, Person, Society, Trust or any other Legal Entity
that is involved in the management of any portion of the
registry of the TLD, including but not limited to policy
formation, technical management, business relationships,
directly or indirectly as an appointed contractor.
(13) “Resellers” – The Registrant may purchase the Order through
a reseller, who in turn may purchase the same through a reseller
and so on (collectively known as the “Resellers”).
(14) “Service Providers” refers individually and collectively to
any Artificial Juridical Persons, Company, Concern, Corporation,
Enterprise, Firm, Individual, Institute, Institution,
Organization, Person, Society, Trust or any other Legal Entity
that the Customer and/or Registrar and/or Service Providers
(recursively) may, directly or indirectly, Engage / Employ /
Outsource / Contract for the fulfillment / provision / purchase
of Registrar Products, OrderBox, and any other services and
operations of Registrar.
(15) “Whois” refers to the public service provided by Registrar
and Registry Operator whereby anyone may obtain certain
information associated with the Order through a “Whois Lookup”.
(16) “Whois Record” refers to the collection of all data
elements of the 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.
2. OBLIGATIONS OF THE REGISTRANT
(1) The Registrant agrees to provide, maintain and update,
current, complete and accurate information of the Whois Record
and all the data elements about the Order in the OrderBox
Database during the term of the Order. Registrant agrees that
provision of inaccurate or unreliable information, and/or
Registrant’s failure to promptly update information, or
non-receipt of a response for over five (5) calendar days to
inquiries sent to the email address of the Registrant or any
other contact listed for the Order in the OrderBox database
concerning the accuracy of contact information associated with
the Order shall be constituted as a breach of this Agreement and
a basis for freezing, suspending, or deleting that Order.
(2) The Registrant acknowledges that in the event of any dispute
and/or discrepancy concerning the data elements of the Order in
the OrderBox Database, the data element in the OrderBox Database
records shall prevail.
(3) The Registrant acknowledges that the authentication
information for complete control and management of the Order
will be accessible to the Registry Operator, Service Providers,
Resellers and the Customer. Any modification to the Order by the
Resellers, Customer or Service Providers will be treated as if
it is authorized by the Registrant directly. Registrar is not
responsible for any modification to the Order by the Customer,
Resellers, Registry Operator, or Service Providers.
(4) The Registrant acknowledges that all communication about the
Order will be only done with the Customer or the Resellers of
the Order. Registrar is not required to, and may not directly
communicate with the Registrant during the entire term of the
Order.
(5) The Registrant shall comply with all terms or conditions
established by Registrar, Registry Operator and/or Service
Providers from time to time.
(6) The Registrant must comply with all applicable terms and
conditions, standards, policies, procedures, and practices laid
down by ICANN (http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm)
and the Registry Operator.
(7) During the term of this Agreement and for three years
thereafter, the Registrant shall maintain the following records
relating to its dealings with Registrar, Resellers and their
Agents or Authorized Representatives:
(1) in electronic, paper or microfilm form, all written
communications with respect to the Order;
(2) in electronic form, records of the accounts of the Order,
including dates and amounts of all payments, discount, credits
and refunds.
The Registrant shall make these records available for inspection
by Registrar upon reasonable notice not exceeding 14 days.
3. REPRESENTATIONS AND WARRANTIES
Registrar and Registrant represent and warrant that:
(1) They have all requisite power and authority to execute,
deliver and perform their obligations under this Agreement.
(2) This Agreement has been duly and validly executed and
delivered and constitutes a legal, valid and binding obligation,
enforceable against Registrant and Registrar in accordance with
its terms.
(3) The execution, delivery, and performance of this Agreement
and the consummation by Registrar and the Registrant of the
transactions contemplated hereby will not, with or without the
giving of notice, the lapse of time, or both, conflict with or
violate:
(1) any provision of law, rule, or regulation;
(2) any order, judgment, or decree;
(3) any provision of corporate by-laws or other documents;
(4) any agreement or other instrument.
(4) The execution, performance and delivery of this Agreement
has been duly authorized by the Registrant and Registrar.
(5) No consent, approval, or authorization of, or exemption by,
or filing with, any governmental authority or any third party is
required to be obtained or made in connection with the
execution, delivery, and performance of this Agreement or the
taking of any other action contemplated hereby.
The Registrant represents and warrants that:
(1) the Registrant has read and understood every clause of this
Agreement;
(2) the Registrant has independently evaluated the desirability
of the service and is not relying on any representation
agreement, guarantee or statement other than as set forth in
this agreement; and
(3) the Registrant is eligible, to enter into this Contract
according to the laws of his country.
4. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS
(1) Registrar, Service Providers and Registry Operator may
change any information, of the Order, or transfer the Order to
another Registrant, or transfer the Order to another Customer,
upon receiving any authorization from the Registrant, or the
Customer, or Resellers as maybe prescribed by Registrar from
time to time.
(2) Registrar, Service Providers and Registry Operator may
provide/send any information, about the Registrant, and the
Order including Authentication information:
(1) to the Registrant;
(2) to any authorised representative, agent, contractee,
employee of the Registrant upon receiving authorization in any
form as maybe prescribed by Registrar from time to time;
(3) to the Customer, Resellers, Service Providers and Registry
Operator;
(4) to anyone performing a Whois Lookup for the Order.
(3) Registrar in its own discretion can at any point of time
with reasonable notification temporarily or permanently cease to
sell any Registrar Products.
(4) Registrar and the Registry Operator, in their sole
discretion, expressly reserve the right to deny any Order or
cancel an Order within 30 days of processing the same. In such
case Registrar may refund the fees charged for the Order, after
deducting any processing charges for the same.
(5) Notwithstanding anything to the contrary, Registrar,
Registry Operator and Service Providers, in their sole
discretion, expressly reserve the right to without notice or
refund, delete, suspend, deny, cancel, modify, take ownership of
or transfer the Order, or to modify, upgrade, suspend, freeze
OrderBox, or to publish, transmit, share data in the OrderBox
Database with any person or entity, or to contact any entity in
the OrderBox Database, in order to recover any Payment from the
Registrant, Customer or Resellers, for any service rendered by
Registrar including services rendered outside the scope of this
agreement for which the Registrant, Customer or Reseller has
been notified and requested to remit payment, or to correct
mistakes made by Registrar, Registry Operator or Service
Providers in processing or executing the Order, or incase of any
breach of this Agreement, or incase Registrar learns of a
possibility of breach or violation of this Agreement which
Registrar in its sole discretion determines to be appropriate,
or incase of Termination of this agreement, or if Registrar
learns of any such event which Registrar reasonably determines
would lead to Termination of this Agreement or would constitute
as Breach thereof, or to protect the integrity and stability of
the Registrar Products, OrderBox, and the Registry or to comply
with any applicable laws, government rules or requirements,
requests of law enforcement, or in compliance with any dispute
resolution process, or in accordance/compliance with any
agreements executed by Registrar including but not limited to
agreements with Service Providers, and/or Registry Operator,
and/or Customers and/or Resellers, or to avoid any liability,
civil or criminal, on the part of Registrar and/or Service
Providers, and/or the Registry Operator, as well as their
affiliates, subsidiaries, officers, directors and employees, or
if the Registrant and/or Agents or any other authorized
representatives of the Registrant violate any applicable
laws/government rules/usage policies, including but not limited
to, intellectual property, copyright, patent, anti-spam,
Phishing (identity theft), Pharming (DNS hijacking),
distribution of virus or malware, child pornography, using Fast
Flux techniques, running Botnet command and control, Hacking
(illegal access to another computer or network), network
attacks, money laundering schemes (Ponzi, Pyramid, Money Mule,
etc.), illegal pharmaceutical distribution, or Registrar learns
of the possibility of any such violation or upon appropriate
authorization (what constitutes appropriate authorization is at
the sole discretion of Registrar) from the Registrant or
Customer or Reseller or their authorized representatives, or if
Registrar, Registry Operator or Service Providers in their sole
discretion determine that the information associated with the
Order is inaccurate, or has been tampered with, or has been
modified without authorization, or if Registrar or Service
Providers in their sole discretion determine that the ownership
of the Order should belong to another entity, or if
Reseller/Customer/Registrant does not comply with any applicable
terms and conditions, standards, policies, procedures, and
practices laid down by Registrar, Service Providers, ICANN, the
Registrar, the Registry Operator or for any appropriate reason.
Registrar or Registry Operator, also reserve the right to freeze
the Order during resolution of a dispute. The Registrant agrees
that Registrar, Registry Operator and Service Providers, and the
contractors, employees, directors, officers, representatives,
agents and affiliates, of Registrar, Registry Operator and
Service Providers, are not liable for loss or damages that may
result from any of the above.
(6) Registrar and Service Providers can choose to redirect an
Order to any IP Address including, without limitation, to an IP
address which hosts a parking page or a commercial search engine
for the purpose of monetization, if an Order has expired, or is
suspended, or does not contain valid Name Servers to direct it
to any destination. Registrant acknowledges that Registrar and
Service Providers cannot and do not check to see whether such a
redirection, infringes any legal rights including but not
limited to intellectual property rights, privacy rights,
trademark rights, of Registrant or any third party, or that the
content displayed due to such redirection is inappropriate, or
in violation of any federal, state or local rule, regulation or
law, or injurious to Registrant or any third party, or their
reputation and as such is not responsible for any damages caused
directly or indirectly as a result of such redirection.
(7) Registrar and Registry Operator has the right to rectify any
mistakes in the data in the OrderBox Database with retrospective
effect.
5. DISPUTE PROCESS
The Registrant agrees that, if the use of the Order is
challenged by a third party, the Registrant will be subject to
the provisions of the appropriate Dispute policy for that Order
as mentioned in the appropriate Appendix in effect at the time
of the dispute. The Registrant agrees that in the event a
dispute arises with any third party, the Registrant will
indemnify and hold Registrar, Registry Operator and Service
Providers harmless in all circumstances, and that Registrar,
Registry Operator and Service Providers will have no liability
of any kind for any loss or liability resulting from any such
dispute, including the decision and final outcome of such
dispute. If a complaint has been filed with a judicial or
administrative body regarding the Registrant’s use of the Order,
the Registrant agrees not to make any changes to the Order
without Registrar’s prior approval. Registrar may not allow the
Registrant to make changes to such Order until:
(1) Registrar is directed to do so by the judicial or
administrative body; or
(2) Registrar receives notification, in a manner prescribed by
Registrar from time to time, by the Registrant and the other
party contesting the Registrant registration or use of the
Order, that the dispute has been settled.
6. TERM OF AGREEMENT / RENEWALS
(1) The term of this Agreement shall continue until the
registrant of the Order in the OrderBox database continues to be
the Registrant and the Order continues to exist and the Order
Registration term continues to exist.
(2) Registrant acknowledges that it is the Registrant’s
responsibility to keep records and maintain reminders regarding
the expiry of any Order. As a convenience to the Registrant, and
not as a binding commitment, we may notify the Customer, via an
email message sent to the contact information associated with
the Customer in the OrderBox database, about the expiry of the
Order. Should renewal fees go unpaid for an Order, the Order
will expire.
(3) Registrant acknowledges that after expiration of the term of
an Order, Registrant has no rights on such Order, or any
information associated with such Order, and that ownership of
such Order now passes on to the Registrar. Registrar and Service
Providers may make any modifications to said Order or any
information associated with said Order. Registrar and Service
Providers may intercept any network/communication requests to
such Order and process them in any manner in their sole
discretion. Registrar and Service Providers may choose to
monetize such requests in any fashion at their sole discretion.
Registrar and Service Providers may choose to display any
appropriate message, and/or send any response to any user making
a network/communication request, for or concerning said Order.
Registrar and Service Providers may choose to delete said Order
at anytime after expiry upon their sole discretion. Registrar
and Service Providers may choose to transfer the ownership of
the Order to any third party in their sole discretion.
Registrant acknowledges that Registrar and Service Providers
shall not be liable to Registrant or any third party for any
action performed under this clause.
(4) Registrar at its sole discretion may allow the renewal of
the Order after Order expiry, and such renewal term will start
as on the date of expiry of the Order, unless otherwise
specified. Such process may be charged separately at the price
then prevailing for such a process as determined by the
Registrar in its sole discretion. Such renewal after the expiry
of the Order may not result in exact reinstatement of the Order
in the same form as it was prior to expiry.
(5) Registrar makes no guarantees about the number of days,
after deletion of an Order, after which the same Order will once
again become available for purchase.
(6) This Agreement shall terminate immediately in the event:
(1) Registrar’s contract with the Service Providers for the
fulfillment of such Order is terminated or expires without
renewal;
(2) Registrar’s contract with the Registry Operator is
terminated or expires without renewal;
(3) Registry Operator ceases to be the Registry Operator for the
particular TLD;
(4) of Registrant-Registrant Transfer as per Section 8;
(5) of Registrar-Registrar Transfer as per Section 9.
(7) Upon Termination of this Agreement, Registrar may
delete/suspend/transfer/modify the Order and suspend OrderBox
Users’ access to the OrderBox with immediate effect, upon the
sole discretion of Registrar.
(8) Neither Party shall be liable to the other for damages of
any sort resulting solely from terminating this Agreement in
accordance with its terms, unless specified otherwise. The
Registrant however shall be liable for any damage arising from
any breach by it of this Agreement.
7. FEES / RENEWAL
Payment of fees shall be governed as per the Payment Terms and
Conditions set out in Appendix ‘B.’
8. REGISTRANT – REGISTRANT TRANSFER
(1) Registrar may transfer the Order of the Registrant to
another registrant under the following circumstances:
(1) authorization from the Registrant and/or their Agent or
Authorized Representative in a manner prescribed by Registrar
from time to time;
(2) authorization from the Customer and/or the Reseller in a
manner prescribed by Registrar;
(3) on receiving orders from a competent Court or Law
Enforcement Agency;
(4) for fulfillment of a decision in a domain dispute
resolution;
(5) breach of Contract;
(6) termination of this Agreement;
(7) Registrar learns of any such event, which Registrar
reasonably determines would lead to Termination of this
Agreement, or would constitute as Breach thereof.
(2) Registrant acknowledges that Registrar cannot verify the
authenticity of any information, authorization or instructions
received in Section (8)(1). Upon receiving such authorization
that Registrar in its absolute unfettered and sole discretion
deems to be genuine, Registrar may transfer the Order. Registrar
cannot be held liable for any such transfer under any
circumstance including but not limited to fraudulent or forged
authorization received by Registrar.
(3) In the above circumstances the Registrant shall extend full
cooperation to Registrar in transferring the Order of the
Registrant to another registrant including without limitation,
handing over all data required to be stored by the Registrant as
per Section 3(5), and complying with all requirements to
facilitate a smooth transfer.
(4) The Registrant’s Order may not be transferred until
Registrar receives such written assurances or other reasonable
assurance that the new registrant has been bound by the
contractual terms of this Agreement (such reasonable assurance
as determined by Registrar in its sole discretion). If the
Transferee fails to be bound in a reasonable fashion (as
determined by Registrar in its sole discretion) to the terms and
conditions in this Agreement, any such transfer maybe considered
by Registrar as null and void in its sole discretion.
9. REGISTRAR-REGISTRAR TRANSFER
(1) The Registrant acknowledge and agree that during the first
60 days after initial registration of the Order, or after
expiration of the Order the Registrant may not be able to
transfer the Order to another registrar.
(2) Registrar may request the Registrant or any other contact
associated with the Order for authorization upon receiving a
request to transfer the Order to another registrar. The
Registrant agrees to provide such authorization to Registrar.
Registrar, in its sole discretion will determine, if such
authorization is adequate to allow the transfer.
(3) Registrar in its sole discretion may allow the transfer of a
domain name away to another registrar, without contacting the
Registrant or any other contact, if Registrar in its sole
discretion determines that the transfer request it has received
is a valid transfer request.
(4) Registrar in its sole discretion may allow the transfer of a
domain name away to another registrar, without contacting the
Registrant or any other contact pursuant to the then applicable
process and rules of transfer of domain names as laid out by the
Registry Operator. Registrant acknowledges that it is their
responsibility to research and acquaint themselves with these
rules and any applicable changes from time to time.
(5) Registrar may deny or prevent a transfer of an Order to
another registrar in situations described in this Agreement
including, but not limited to:
(1) a dispute over the identity of the domain name holder;
(2) bankruptcy; and default in the payment of any fees;
(3) any pending dues from the Customer or Resellers’ or
Registrant for any services rendered, whether under this
agreement;
(4) any pending Domain Dispute Resolution process with respect
to the Order;
(5) if the Order has been locked or suspended by the Customer or
Resellers;
(6) any situation where denying the transfer is permitted under
the then applicable process and rules of transfer of domain
names as laid out by the Registry Operator, Registrant
acknowledges that it is their responsibility to research and
acquaint themselves with these rules and any applicable changes
from time to time;
(7) any other circumstance described in this Agreement;
(8) for any other appropriate reason;
(6) Registrar may at its sole discretion lock or suspend the
Order to prevent a Domain Transfer.
(7) Registrar cannot be held liable for any domain name
transferred away to another registrar, or for any denial of a
transfer, in accordance with this Section 9 (Registrar-Registrar
Transfer).
10. LIMITATION OF LIABILITY
IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE
PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE
TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE
ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL,
INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF
PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR
ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY
RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR
MISUSE OF AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS
STATED IN SECTION 21 OF THIS AGREEMENT;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS
INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR
DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR
MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S)
PROVIDED UNDER THIS AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF
SERVICE.
If any legal action or other legal proceeding (including
arbitration) relating to the performance under this Agreement or
the enforcement of any provision of this Agreement is brought
against Registrar by the Registrant, then in no event will the
liability of Registrar exceed actual amount received by
Registrar for the Order minus direct expenses incurred with
respect to the Order.
REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY
REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT
THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY
OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT
RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.
11. INDEMNIFICATION
(1) The Registrant, at its own expense, will indemnify, defend
and hold harmless, Registrar, Service Provider, Registry
Operator, Resellers and the contactors, employees, directors,
officers, representatives, agents and affiliates, of Registrar,
Registry Operator, Service Providers, and Resellers against any
claim, suit, action, or other proceeding brought against them
based on or arising from any claim or alleged claim, of third
parties relating to or arising under this Agreement, Registrar
Products provided hereunder, or any use of the Registrar
Products, including without limitation:
(1) infringement by the Registrant, or someone else using a
Registrar Product with the Registrant’s computer, of any
intellectual property or other proprietary right of any person
or entity;
(2) arising out of any breach by the Registrant of this
Agreement;
(3) arising out of, or related to, the Order or use of the
Order;
(4) relating to any action of Registrar as permitted by this
Agreement;
(5) relating to any action of Registrar carried out on behalf of
Registrant as described in this Agreement.
However, that in any such case Registrar may serve either of the
Registrant with notice of any such claim and upon their written
request, Registrar will provide to them all available
information and assistance reasonably necessary for them to
defend such claim, provided that they reimburse Registrar for
its actual costs.
(2) Registrar will not enter into any settlement or compromise
of any such indemnifiable claim without Registrant’s prior
written consent, which shall not be unreasonably withheld.
(3) The Registrant will pay any and all costs, damages, and
expenses, including, but not limited to, actual attorneys’ fees
and costs awarded against or otherwise incurred by Registrar in
connection with or arising from any such indemnifiable claim,
suit, action or proceeding.
12. INTELLECTUAL PROPERTY
Subject to the provisions of this Agreement, each Party will
continue to independently own his/her/its intellectual property,
including all patents, trademarks, trade names, domain names,
service marks, copyrights, trade secrets, proprietary processes
and all other forms of intellectual property. Any improvements
to existing intellectual property will continue to be owned by
the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial
use rights or any licenses under any patent, patent application,
copyright, trademark, know-how, trade secret, or any other
intellectual proprietary rights are granted by Registrar to the
Registrant, or by any disclosure of any Confidential Information
to the Registrant under this Agreement.
Registrant shall further ensure that the Registrant does not
infringe any intellectual property rights or other rights of any
person or entity, or does not publish any content that is
libelous or illegal while using services under this Agreement.
Registrant acknowledges that Registrar cannot and does not check
to see whether any service or the use of the services by the
Registrant under this Agreement, infringes legal rights of
others.
13. OWNERSHIP AND USE OF DATA
(1) You agree and acknowledge that Registrar owns all data,
compilation, collective and similar rights, title and interests
worldwide in the OrderBox Database, and all information and
derivative works generated from the OrderBox Database.
(2) Registrar, Service Providers and the Registry Operator and
their designees/agents have the right to backup, copy, publish,
disclose, use, sell, modify, process this data in any form and
manner as maybe required for compliance of any agreements
executed by Registrar, or Registry Operator or Service
Providers, or in order to fulfill services under this Agreement,
or for any other appropriate reason.
14. DELAYS OR OMISSIONS; WAIVERS
No failure on the part of any Party to exercise any power,
right, privilege or remedy under this Agreement, and no delay on
the part of any Party in exercising any power, right, privilege
or remedy under this Agreement, shall operate as a waiver of
such power, right, privilege or remedy; and no single or partial
exercise or waiver of any such power, right, privilege or remedy
shall preclude any other or further exercise thereof or of any
other power, right, privilege or remedy.
No Party shall be deemed to have waived any claim arising out of
this Agreement, or any power, right, privilege or remedy under
this Agreement, unless the waiver of such claim, power, right,
privilege or remedy is expressly set forth in a written
instrument on behalf of such Party; and any such waiver shall
not be applicable or have any effect except in the specific
instance in which it is given.
No waiver of any of the provisions of this Agreement shall be
deemed to constitute a waiver of any other provision (whether or
not similar), nor shall such waiver constitute a waiver or
continuing waiver unless otherwise expressly provided in
writing.
15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT
(1) During the period of this Agreement, the Registrant agrees
that Registrar may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement
(2) Registrar, or the Registry Operator or any
corresponding/designated policy formulating body may revise ANY
of the Dispute policies, and eligbility criterias set forth in
the various appendices as well as in any of the external URLs
referenced within the appendices.
(3) Any such revision or change will be binding and effective
immediately on posting of the revision on the Registrar Website
or the corresponding URL referenced in this Agreement.
(4) The Registrant agrees to review the Registrar Website and
all other URLs referenced in this Agreement, periodically, to be
aware of any such revisions.
(5) The Registrant agrees that, continuing use of the services
under this Agreement following any revision, will constitute as
an acceptance of any such revisions or changes.
(6) The Registrant acknowledges that if the Registrant does not
agree to any such modifications, the Registrant may terminate
this Agreement within 30 days of such revision. In such
circumstance Registrar will not refund any fees paid by the
Registrant.
16. PUBLICITY
The Registrant shall not create, publish, distribute, or permit
any written / Oral / electronic material that makes reference to
us or our Service Providers or uses any of Registrar’s
registered Trademarks / Service Marks or our Service Providers’
registered Trademarks / Service Marks without first submitting
such material to us and our Service Providers and receiving
prior written consent.
The Registrant gives Registrar the right to use the Registrant
names in marketing / promotional material with regards to
Registrar Products to Visitors to the Registrar Website,
Prospective Clients and existing and new customers.
17. TAXES
The Registrant shall be responsible for sales tax, consumption
tax, transfer duty, custom duty, octroi duty, excise duty,
income tax, and all other taxes and duties, whether
international, national, state or local, however designated,
which are levied or imposed or may be levied or imposed, with
respect to this Agreement and the Registrar Products.
18. FORCE MAJEURE
Neither party shall be liable to the other for any loss or
damage resulting from any cause beyond its reasonable control (a
“Force Majeure Event”) including, but not limited to,
insurrection or civil disorder, riot, war or military
operations, national or local emergency, acts or directives or
omissions of government or other competent authority, compliance
with any statutory obligation or executive order, strike,
lock-out, work stoppage, industrial disputes of any kind
(whether or not involving either party’s employees), any Act of
God, fire, lightning, explosion, flood, earthquake, eruption of
volcano, storm, subsidence, weather of exceptional severity,
equipment or facilities breakages / shortages which are being
experienced by providers of telecommunications services
generally, or other similar force beyond such Party’s reasonable
control, and acts or omissions of persons for whom neither party
is responsible. Upon occurrence of a Force Majeure Event and to
the extent such occurrence interferes with either party’s
performance of this Agreement, such party shall be excused from
performance of its obligations (other than payment obligations)
during the first six months of such interference, provided that
such party uses best efforts to avoid or remove such causes of
non performance as soon as possible.
19. ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the provisions of
this Agreement shall inure to the benefit of and be binding
upon, the successors and assigns of the Parties; provided,
however, that any such successor or assign be permitted pursuant
to the Articles, Bylaws or policies of Registrar.
The Registrant shall not assign, sublicense or transfer its
rights or obligations under this Agreement to any third person/s
except as provided for in Section 8 (REGISTRANT – REGISTRANT
TRANSFER) or with the prior written consent of Registrar.
Registrant agrees that if Registrant licenses the use of the
Order to a third party, the Registrant nonetheless remains the
Registrant of record, and remains responsible for all
obligations under this Agreement.
20. NO GUARANTY
The Registrant acknowledges that registration or reservation of
the Order does not confer immunity from objection to the
registration, reservation, or use of the Order.
21. DISCLAIMER
THE ORDERBOX, REGISTRAR SERVERS, OrderBox Servers, Registrar
Website AND ANY OTHER SOFTWARE / API / SPECIFICATION /
DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON “AS IS” AND
“WHERE IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL
WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND
QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND
SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY
AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION
WITH YOUR ACCESS TO, USE OF, ORDERBOX OR BY ACCESSING REGISTRAR
SERVERS. WITHOUT LIMITING THE FOREGOING, REGISTRAR AND SERVICE
PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY
INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH ORDERBOX OR
REGISTRAR SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS,
TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE
PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE
ORDERBOX/REGISTRAR SERVERS WILL NOT CONTAIN ADULT-ORIENTED
MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM
OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY
REGISTRAR AND SERVICE PROVIDERS WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ORDERBOX WILL
BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT
OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE,
SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS
OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT
LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN
YOUR ACCOUNT, ANY EXPIRY OF AN ORDER.
REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR
WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY,
STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. REGISTRAR AND
SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY
THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT
ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING
EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
ORDERBOX, ORDERBOX SERVERS, REGISTRAR WEBSITE AND ANY OTHER
SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION
SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE.
22. JURISDICTION & ATTORNEY’S FEES
This Agreement shall be governed by and interpreted and enforced
in accordance with the laws of the Country, State and City where
Registrar is incorporated, applicable therein without reference
to rules governing choice of laws. Any action relating to this
Agreement must be brought in city, state, country where
Registrar is incorporated. Registrar reserves the right to
enforce the law in the Country/State/District where the
Registered/Corporate/Branch Office, or Place of
Management/Residence of the Registrant is situated as per the
laws of that Country/State/District.
If any legal action or other legal proceeding relating to the
performance under this Agreement or the enforcement of any
provision of this Agreement is brought against either Party
hereto, the prevailing Party shall be entitled to recover
reasonable attorneys’ fees, costs and disbursements (in addition
to any other relief to which the prevailing Party may be
entitled.
For the adjudication of disputes concerning or arising from use
of the Order, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the Registrant’s domicile and (2) the
Registrar’s country of incorporation.
23. MISCELLANEOUS
(1) Any reference in this Agreement to gender shall include all
genders, and words importing the singular number only shall
include the plural and vice versa.
(2) There are no representations, warranties, conditions or
other agreements, express or implied, statutory or otherwise,
between the Parties in connection with the subject matter of
this Agreement, except as specifically set forth herein.
(3) The Parties shall attempt to resolve any disputes between
them prior to resorting to litigation through mutual
understanding or a mutually acceptable Arbitrator.
(4) This Agreement shall inure to the benefit of and be binding
upon Registrar and the Registrant as well as all respective
successors and permitted assigns.
(5) Survival: In the event of termination of this Agreement for
any reason, Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16,
17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23,
23(3), 23(5), 23(7), 23(11), 24(2) and all of Appendix A, and
all Sections of Appendix B, and Sections 1, 2, 3 of Appendix W
shall survive.
(6) This Agreement does not provide and shall not be construed
to provide third parties (i.e. non-parties to this Agreement),
with any remedy, claim, and cause of action or privilege against
Registrar.
(7) The Registrant, Registrar, its Service Providers, Registry
Operator, Resellers, and Customer are independent contractors,
and nothing in this Agreement will create any partnership, joint
venture, agency, franchise, and sales representative or
employment relationship between the parties.
(8) Further Assurances: Each Party hereto shall execute and/or
cause to be delivered to the other Party hereto such instruments
and other documents, and shall take such other actions, as such
other Party may reasonably request for the purpose of carrying
out or evidencing any of the transactions contemplated / carried
out, by / as a result of, this Agreement.
(9) Construction: The Parties agree that any rule of
construction to the effect that ambiguities are to be resolved
against the drafting Party shall not be applied in the
construction or interpretation of this Agreement.
(10) Entire Agreement; Severability: This Agreement, including
all Appendices constitutes the entire agreement between the
Parties concerning the subject matter hereof and supersedes any
prior agreements, representations, statements, negotiations,
understandings, proposals or undertakings, oral or written, with
respect to the subject matter expressly set forth herein. If any
provision of this Agreement shall be held to be illegal, invalid
or unenforceable, each Party agrees that such provision shall be
enforced to the maximum extent permissible so as to effect the
intent of the Parties, and the validity, legality and
enforceability of the remaining provisions of this Agreement
shall not in any way be affected or impaired thereby. If
necessary to effect the intent of the Parties, the Parties shall
negotiate in good faith to amend this Agreement to replace the
unenforceable language with enforceable language that reflects
such intent as closely as possible.
(11) The division of this Agreement into Sections, Subsections,
Appendices, Extensions and other Subdivisions and the insertion
of headings are for convenience of reference only and shall not
affect or be used in the construction or interpretation of this
Agreement.
(12) This agreement may be executed in counterparts.
(13) Language. All notices, designations, and specifications
made under this Agreement shall be made in the English Language
only.
(14) Dates and Times. All dates and times relevant to this
Agreement or its performance shall be computed based on the date
and time observed in Mumbai, India (IST) i.e. GMT+5:30
24. BREACH
In the event that Registrar suspects breach of any of the terms
and conditions of this Agreement:
(1) Registrar can immediately, without any notification and
without assigning any reasons, suspend / terminate the
Registrants access to the OrderBox Server.
(2) The Registrant will be immediately liable for any damages
caused by any breach of any of the terms and conditions of this
Agreement.
(3) Registrar can immediately, without any notification and
without assigning any reasons, delete / suspend / terminate /
freeze the Order.
25. NOTICE
(1) Any notice or other communication required or permitted to
be delivered to Registrar under this Agreement shall be in
writing unless otherwise specified and shall be deemed properly
delivered when delivered to contact address specified on the
Registrar Website by registered mail or courier. Any
communication shall be deemed to have been validly and
effectively given, on the date of receiving such communication,
if such date is a Business Day and such delivery was made prior
to 17:30 (Indian Standard Time) and otherwise on the next
Business Day.
(2) Any notice or other communication required or permitted to
be delivered to the Registrant under this Agreement shall be in
writing unless otherwise specified and shall be deemed properly
delivered, given and received when delivered to contact address
of the Registrant in the OrderBox Database.
(3) Any notice or other communication to be delivered to any
party via email under this agreement shall be deemed to have
been properly delivered if sent in case of Registrar to its
Legal Contact mentioned on the Registrar Website and in case of
the Registrant to their respective email address in the OrderBox
Database.
APPENDIX ‘A’
TERMS AND CONDITIONS OF ORDERBOX USAGE
This Appendix A covers the terms of access to the OrderBox. Any
violation of these terms will constitute a breach of agreement,
and grounds for immediate termination of this Agreement.
1. ACCESS TO OrderBox
(1) Registrar may in its ABSOLUTE and UNFETTERED SOLE
DISCRETION, temporarily suspend OrderBox Users’ access to the
OrderBox in the event of significant degradation of the
OrderBox, or at any time Registrar may deem necessary.
(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION
make modifications to the OrderBox from time to time.
(3) Access to the OrderBox is controlled by authentication
information provided by Registrar. Registrar is not responsible
for any action in the OrderBox that takes place using this
authentication information whether authorized or not.
(4) Registrar is not responsible for any action in the OrderBox
by a OrderBox User.
(5) OrderBox User will not attempt to hack, crack, gain
unauthorized access, misuse or engage in any practice that may
hamper operations of the OrderBox including, without Limitation
temporary / permanent slow down of the OrderBox, damage to data,
software, operating system, applications, hardware components,
network connectivity or any other hardware / software that
constitute the OrderBox and architecture needed to continue
operation thereof.
(6) OrderBox User will not send or cause the sending of repeated
unreasonable network requests to the OrderBox or establish
repeated unreasonable connections to the OrderBox. Registrar
will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what
constitutes as a reasonable number of requests or connections.
(7) OrderBox User will take reasonable measures and precautions
to ensure secrecy of authentication information.
(8) OrderBox User will take reasonable precautions to protect
OrderBox Data from misuse, unauthorized access or disclosure,
alteration, or destruction.
(9) Registrar shall not be responsible for damage caused due to
the compromise of your Authentication information in any manner
OR any authorized/unauthorized use of the Authentication
Information.
(10) Registrar shall not be liable for any damages due to
downtime or interruption of OrderBox for any duration and any
cause whatsoever.
(11) Registrar shall have the right to temporarily or
permanently suspend access of a OrderBox User to the OrderBox if
Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION
suspects misuse of the access to the OrderBox, or learns of any
possible misuse that has occurred, or will occur with respect to
a OrderBox User.
(12) Registrar and Service Providers reserve the right to, in
their sole discretion, reject any request, network connection,
e-mail, or message, to, or passing through, OrderBox
2. Terms of USAGE OF ORDERBOX
(1) Registrant, or its contractors, employees, directors,
officers, representatives, agents and affiliates and OrderBox
Users, either directly or indirectly, shall not use or permit
use of the OrderBox, directly or indirectly, in violation of any
federal, state or local rule, regulation or law, or for any
unlawful purpose, or to promote adult-oriented or “offensive”
material, or related to any unsolicited bulk e-mail directly or
indirectly (such as by referencing an OrderBox provided service
within a spam email or as a reply back address), or related to
ANY unsolicited marketing efforts offline or online, directly or
indirectly, or in a manner injurious to Registrar, Registry
Operator, Service Providers or their Resellers, Customers, or
their reputation, including but not limited to the following:
(1) Usenet spam (off-topic, bulk posting/cross-posting,
advertising in non-commercial newsgroups, etc.);
(2) posting a single article or substantially similar articles
to an excessive number of newsgroups (i.e., more than 2-3) or
posting of articles which are off-topic (i.e., off-topic
according to the newsgroup charter or the article provokes
complaints from the readers of the newsgroup for being
off-topic);
(3) sending unsolicited mass e-mails (i.e., to more than 10
individuals, generally referred to as spamming) which provokes
complaints from any of the recipients; or engaging in spamming
from any provider;
(4) offering for sale or otherwise enabling access to software
products that facilitate the sending of unsolicited e-mail or
facilitate the assembling of multiple e-mail addresses
(“spamware”);
(5) advertising, transmitting, linking to, or otherwise making
available any software, program, product, or service that is
designed to violate these terms, including but not limited to
the facilitation of the means to spam, initiation of pinging,
flooding, mailbombing, denial of service attacks, and piracy of
software;
(6) harassment of other individuals utilizing the Internet after
being asked to stop by those individuals, a court, a
law-enforcement agency and/or Registrar;
(7) impersonating another user or entity or an existing
company/user/service or otherwise falsifying one’s identity for
fraudulent purposes in e-mail, Usenet postings, on IRC, or with
any other Internet service, or for the purpose of directing
traffic of said user or entity elsewhere;
(8) using OrderBox services to point to or otherwise direct
traffic to, directly or indirectly, any material that, in the
sole opinion of Registrar, is associated with spamming, bulk
e-mail, e-mail harvesting, warez (or links to such material), is
in violation of copyright law, or contains material judged, in
the sole opinion of Registrar, to be threatening or obscene or
inappropriate;
(9) using OrderBox directly or indirectly for any of the below
activities activities:
(1) transmitting Unsolicited Commercial e-mail (UCE);
(2) transmitting bulk e-mail;
(3) being listed, or, in our sole opinion is about to be listed,
in any Spam Blacklist or DNS Blacklist;
(4) posting bulk Usenet/newsgroup articles;
(5) Denial of Service attacks of any kind;
(6) excessive use of any web service obtained under this
agreement beyond reasonable limits as determined by the
Registrar in its sole discretion;
(7) copyright or trademark infringement;
(8) unlawful or illegal activities of any kind;
(9) promoting net abuse in any manner (providing software, tools
or information which enables, facilitates or otherwise supports
net abuse);
(10) causing lossage or creating service degradation for other
users whether intentional or inadvertent.
(2) Registrar in its sole discretion will determine what
constitutes as violation of appropriate usage including but not
limited to all of the above.
(3) Data in the OrderBox Database cannot be used for any purpose
other than those listed below, except if explicit written
permission has been obtained from Registrar:
(1) to perform services contemplated under this agreement; and
(2) to communicate with Registrar on any matter pertaining to
Registrar or its services.
(4) data in the OrderBox Database cannot specifically be used
for any purpose listed below:
(1) Mass Mailing or SPAM; and
(2) selling the data.
APPENDIX ‘B’
PAYMENT TERMS AND CONDITIONS
(1) Registrar will accept payment for the Order from the
Customer or Resellers.
(2) In the event that a payment made via Credit Card or the
payment instrument sent by the Customer or Reseller bounces due
to Lack of Funds or any other Reason, then
(1) Registrar may immediately suspend OrderBox Users’ access to
the OrderBox
(2) Registrar has the right to terminate this agreement with
immediate effect and without any notice.
(3) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may
delete, suspend, deny, cancel, modify, take ownership of or
transfer any or all of the Orders placed of the Registrant as
well as stop / suspend / delete / transfer any Orders currently
being processed.
(4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may
Transfer all Orders placed by the Registrant to another
Customer, or under Registrar’s account.
(5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may
levy reasonable additional charges for the processing of the
Charge-back / Payment Reversal in addition to actual costs of
the same.
(6) Registrar shall have the right to initiate any legal
proceedings against the Registrant to recover any such
liabilities.
APPENDIX ‘C’
.COM/.NET/.ORG SPECIFIC CONDITIONS
If the Order is a .COM/.NET/.ORG domain name, the Registrant,
must also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide
us with certain information and to update this information to
keep it current, complete and accurate. This information
includes:
(1) full name of an authorized contact person, company name,
postal address, e-mail address, voice telephone number, and fax
number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any
for the domain name;
(3) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the technical
contact for the domain name;
(4) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone
number, and fax number if available of the billing contact for
the domain name; and
2. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute
Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated herein
and made a part of this Agreement by reference.
APPENDIX ‘D’
.BIZ SPECIFIC CONDITIONS
If the Order is a .BIZ domain name, the Registrant, must also
agree to the following terms:
1. CONDITIONS FOR .BIZ REGISTRATIONS
(1) 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:
(1) to exchange goods, services, or property of any kind;
(2) in the ordinary course of trade or business; or
(3) to facilitate:
(1) the exchange of goods, services, information, or property of
any kind; or
(2) the ordinary course of trade or business.
(2) 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.
2. CERTIFICATION FOR .BIZ REGISTRATIONS
(1) 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 exclusively for personal use or solely for the purposes of
selling, trading or leasing the domain name for compensation, or
the unsolicited offering to sell, trade or lease the domain name
for compensation. For more information on the .BIZ restrictions,
which are incorporated herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html.
(2) The domain name Registrant has the authority to enter into
the registration agreement.
(3) The registered domain name is reasonably related to the
Registrant’s business or intended commercial purpose at the time
of registration.
3. 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:
(1) full name of an authorized contact person, company name,
postal address, e-mail address, voice telephone number, and fax
number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any
for the domain name;
(3) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the technical
contact for the domain name;
(4) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone
number, and fax number if available of the billing contact for
the domain name; and
4. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the dispute policies in the following
documents that are incorporated herein and made a part of this
Agreement by reference.
The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition Policy (“STOP”), available at
http://www.neulevel.com/countdown/stop.html
The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with
a dispute between a registrant of a .BIZ domain name 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.
APPENDIX ‘E’
.INFO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .INFO domain name, the Registrant, must also
agree to the following terms:
(1) Registrant agrees to submit to proceedings under ICANN’s
Uniform Domain Name Dispute Policy (UDRP) as laid out at
http://www.icann.org/udrp/udrp.htm 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 available at
http://www.afilias.info. These policies are subject to
modification.
(2) Registrant acknowledges that Afilias, the registry operator
for .INFO, will have no liability of any kind for any loss or
liability resulting from the proceedings and processes relating
to the Sunrise Period or the Land Rush Period, including,
without limitation:
(1) the ability or inability of a registrant to obtain a
Registered Name during these periods, and
(2) the results of any dispute over a Sunrise Registration.
APPENDIX ‘F’
.NAME SPECIFIC CONDITIONS
If the Order is a .NAME domain name, or a .NAME Email Forward,
the Registrant, must also agree to the following terms:
1. .NAME REGISTRATION RESTRICTIONS
Domain Name and Email Forward 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.
2. .NAME CERTIFICATIONS
As a .NAME domain name or Email Forward Registrant, you hereby
certify to the best of your knowledge that the SLD is your
Personal Name.
3. 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 information contained in the Whois directory,
including:
(1) full name of an authorized contact person, company name,
postal address, e-mail address, voice telephone number, and fax
number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any
for the domain name;
(3) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the technical
contact for the domain name;
(4) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone
number, and fax number if available of the billing contact for
the domain name; and
You further understand that the foregoing registration data may
be transferred outside of the European Community, such as to the
United States, and you expressly consent to such export.
4. DISPUTE POLICY
You agree to be bound by the dispute policies in the following
documents that are incorporated herein and made a part of this
Agreement by reference:
(1) the Eligibility Requirements (the “Eligibility
Requirements”), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(2) the Eligibility Requirements Dispute Resolution Policy (the
“ERDRP”), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(3) the Uniform Domain Name Dispute Resolution Policy (the
“UDRP”), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm
The Eligibility Requirements dictate that Personal Name domain
names and Personal Name SLD email addresses will be granted on a
first-come, first-served basis, except for registrations granted
as a result of a dispute resolution proceeding or during the
landrush procedures in connection with the opening of the
Registry TLD. The following categories of Personal Name
Registrations may be registered:
(1) the Personal Name of an individual;
(2) the Personal Name of a fictional character, if you have
trademark or service mark rights in that character’s Personal
Name;
(3) 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:
(1) registered domain names and SLD email address registrations
within .NAME on the grounds that a Registrant does not meet the
Eligibility Requirements, and
(2) to Defensive Registrations within .NAME.
The UDRP sets forth the terms and conditions in connection with
a dispute between a Registrant and party other than Global Name
Registry (“Registry Operator”) or Registrar over the
registration and use of an Internet domain name registered by a
Registrant.
5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS
If the Order is a .NAME email forward, the Registrant, must also
agree to the following additional terms and conditions:
(1) You acknowledge that you are responsible for all use of
Email Forwarding, including the content of messages sent through
Email Forwarding.
(2) You undertake to familiarize yourself with the content of
and to comply with the generally accepted rules for Internet and
email usage.
(3) Without prejudice to the foregoing, you undertake not to use
Email Forwarding:
(1) 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;
(2) 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;
(3) 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
(4) 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
(4) Users are not permitted to provide false names or in any
other way to pose as somebody else when using Email Forwarding.
(5) 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 Email
Forwarding.
(6) On discontinuing Email Forwarding, Registry Operator is not
obliged to store any contents or to forward unsent email to you
or a third party.
APPENDIX ‘G’
.NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS
If the Order is a .NAME Defensive Registration, the Registrant,
must also agree to the following terms:
1. DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered
marks to exclusively pre-register on the .NAME space and create
a protective barrier for their trademarks. A “Defensive
Registration” is a registration granted to a third party of a
specific string on the second or third level, or of a specific
set of strings on the second and third levels, which will not
resolve within the domain name system but may prevent the
registration of the same string(s) on the same level(s) by other
third party applicants.
2. PHASES OF DEFENSIVE REGISTRATIONS
(1) As a Defensive Registration Registrant (“Defensive
Registrant”), you hereby certify to the best of your knowledge
that for Phase I Defensive Registrations (“Phase I Defensive
Registrants”), you own valid and enforceable trademark or
service mark registrations having national effect that issued
prior to February 27, 2013 for strings that are identical to the
textual or word elements, using ASCII characters only, subject
to the same character and formatting restrictions as apply to
all registrations in the Registry TLD. You understand that
trademark or service mark registrations from the supplemental or
equivalent Registry of any country, or from individual states or
provinces of a nation, will not be accepted. Subject to the same
character and formatting restrictions as apply to all
registrations in the Registry TLD, if a trademark or service
mark registration incorporates design elements, the ASCII
character portion of that mark may qualify to be a Phase I
Defensive Registration.
(2) Phase II Defensive Registrants may apply for a Defensive
Registration for any string or combination of strings.
(3) Defensive Registrants, whether Phase I or Phase II shall
comply with the following Eligibility Requirements, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
(1) There are two levels of Defensive Registrations, each of
which is subject to payment of a separate fee;
(2) Multiple persons or entities may obtain identical or
overlapping Defensive Registrations upon payment by each of a
separate registration fee;
(3) The Defensive Registrant must provide the information
requested in Section 3(i) below;
(4) A Defensive Registration will not be granted if it conflicts
with a then-existing Personal Name Registration or other
reserved word or string.
3. 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. You must provide contact
information, including name, email address, postal address and
telephone number, for use in disputes relating to the Defensive
Registration. You understand and agree that this contact
information will be provided as part of the Whois record for the
Defensive Registration. You further understand that the
foregoing registration data may be transferred outside of the
European Community, such as to the United States, and you
expressly consent to such export.
In addition to the information provided in subsection 1. above,
Phase I Defensive Registrants must also provide:
(1) the name, in ASCII characters, of the trademark or service
mark being registered;
(2) the date the registration issued;
(3) the country of registration; and
(4) the registration number or other comparable identifier used
by the registration authority.
4. DISPUTE POLICY
If you registered a Defensive Registration, you agree that:
(1) the Defensive Registration will be subject to challenge
pursuant to the Eligibility Requirements Dispute Resolution
Policy (“ERDRP”);
(2) if the Defensive Registration is successfully challenged
pursuant to the ERDRP, the Defensive Registrant will pay the
challenge fees; and
(3) if a challenge is successful, then the Defensive
Registration will be subject to the procedures described in
Section 2(h) of Appendix L to the agreement of Global Name
Registry (“Registry Operator”) with the Internet Corporation for
Assigned Names and Numbers (“ICANN”), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(4) if a Phase I Defensive Registration is successfully
challenged on the basis that it did not meet the applicable
Eligibility Requirements, the Defensive Registrant will
thereafter be required to demonstrate, at its expense, that it
meets the Eligibility Requirements for Phase I Defensive
Registrations for all other Phase I Defensive Registrations that
it registered within .NAME through any Registrar. In the event
that the Defensive Registrant is unable to demonstrate the
foregoing with respect to any such Phase I Defensive
Registration(s), those Defensive Registration(s) will be
cancelled;
(5) The ERDRP applies to, among other things, challenges to
Defensive Registrations within .NAME and is available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
5. CONSENT
Defensive Registrants may be asked to give their consent to
allow individuals to share a part of their space. For example,
if you have filed a Defensive Registration on PQR (which blocks
out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked
to give consent to John Pqr to register JOHN.PQR.name if he can
prove that PQR is his name. In such a circumstance, you will
have five (5) days to respond to a request for consent.
APPENDIX ‘H’
.US DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .US domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief:
(1) 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;
(2) you have the requisite power and authority to enter into
this Agreement and to perform the obligations hereunder;
(3) you have and shall continue to have a lawful bona fide US
Nexus as defined in the “usTLD Nexus Requirements;”
(4) you are of legal age to enter into this Agreement; and
(5) you agree to comply with all applicable laws, regulations
and policies of the usTLD Administrator.
2. 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:
(1) full name of an authorized contact person, company name,
postal address, e-mail address, voice telephone number, and fax
number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any
for the domain name;
(3) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the technical
contact for the domain name;
(4) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone
number, and fax number if available of the billing contact for
the domain name; and
(6) 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.).
3. 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.
4. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies
set forth by Neustar. These policies are available at
http://www.neustar.us and are hereby incorporated and made an
integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to
suspension, cancellation, or transfer:
(1) pursuant to any usTLD Administrator adopted specification or
policy, or pursuant to any registrar or usTLD Administrator
procedure not inconsistent with a usTLD Administrator adopted
specification or policy; or
(2) to correct mistakes by Registrar or the usTLD Administrator
in registering the name; or
(3) for the resolution of disputes concerning the domain name.
APPENDIX ‘I’
.IN DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .IN domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief:
(1) 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, breaks any applicable laws or
regulations, including discrimination on the basis of race,
language, sex or religion, is used in bad faith or for any
unlawful purpose;
(2) your registered domain name is not contrary to public policy
and the content of the website does not violate any Indian Laws.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the
.IN Registry and published at http://www.registry.in that are
incorporated herein and made a part of this Agreement by
reference.
APPENDIX ‘J’
.EU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .EU domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief:
(1) 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;
(2) you have the requisite power and authority to enter into
this Agreement and to perform the obligations hereunder;
(3) you are registering an .eu domain name as either:
(1) an undertaking having its registered office, central
administration or principal place of business within the
European Union Community; or
(2) an organisation established within the EU Community without
prejudice to the application of national law; or
(3) a natural person resident within the EU Community.
(4) you are of legal age to enter into this Agreement; and
(5) you agree to comply with all applicable laws, regulations
and policies of the .EU Registry. The details of the same can be
obtained from http://www.eurid.eu/.
2. 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:
(1) the full name of the Registrant; where no name of a company
or organisation is specified, the individual requesting
registration of the Domain Name will be considered the
Registrant; if the name of the company or the organisation is
specified, then the company or organisation is considered the
Registrant;
(2) address and country within the European Union Community:
(1) where the registered office, central administration or
principal place of business of the undertaking of the Registrant
is located; or
(2) where the organisation of the Registrant is established; or
(3) where the Registrant resides;
(3) e-mail address of the Registrant;
(4) the telephone number where the Registrant can be contacted.
3. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies
set forth by the EU Registry. These policies are available in
the EU Regulation 874/2004 at http://www.eurid.eu and are hereby
incorporated and made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to
suspension, cancellation, or transfer:
(1) pursuant to the rules set forth by the EU Registry within
the EU Regulation 874/2004 or any other policy listed at
http://www.eurid.eu/; or
(2) to correct mistakes by Registrar or the EU Registry in
registering the name; or
(3) for the resolution of disputes concerning the domain name.
APPENDIX ‘K’
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the
actual owner from appearing in the Whois Lookup Result of his
domain name.
2. IMPLEMENTATION DETAILS
(1) Registrant acknowledges and agrees that the contact
information being displayed in the Whois of a privacy protected
Domain Order will be those designated by the Registrar, and
(1) any mail received via post at this Address would be
rejected;
(2) any telephone call received at this Telephone Number, would
be greeted with an electronic answering machine requesting the
caller to email the email address listed in the Whois of this
privacy protected domain name;
(3) the sender of any email to an email address listed in the
Whois of this privacy protected domain name, will get an
automated response email asking them to visit the URL
http://www.privacyprotect.org/ to contact the Registrant,
Administrative, Billing or Technical Contact of a privacy
protected domain name through an online form. This message would
be relayed as an email message via
http://www.privacyprotect.org/ to the actual Registrant,
Administrative, Billing or Technical Contact email address in
the OrderBox Database.
(2) Registrant agrees that we can not guarantee delivery of
messages to either the Registrant, Administrative, Billing,
Technical Contact, or Customer of a privacy protected Order, and
that such message may not be delivered in time or at all, for
any reason whatsoever. Registrar and Service Providers disclaim
any and all liability associated with non-delivery of any
messages relating to the Domain Order and this service.
(3) Registrant understands that the Privacy Protection Service
is only available for certain TLDs.
(4) Irrespective of whether Privacy Protection is enabled or
not, Registrants are required to fulfill their obligations of
providing true and accurate contact information as detailed in
the Agreement.
(5) Registrant understands and acknowledges that Registrar in
its sole, unfettered discretion, can discontinue providing
Privacy Protection Services on the Order for any purpose,
including but not limited to:
(1) if Registrar receives any abuse complaint for the privacy
protected domain name, or
(2) pursuant to any applicable laws, government rules or
requirements, requests of law enforcement agency, or
(3) for the resolution of disputes concerning the domain name,
or
(4) for any other reason that Registrar in its sole discretion
deems appropriate to switch off the Privacy Protection Services.
3. INDEMNITY
Registrant agrees to release, defend, indemnify and hold
harmless Registrar, Service Providers, PrivacyProtect.org, and
their parent companies, subsidiaries, affiliates, shareholders,
agents, directors, officers and employees, from and against any
and all claims, demands, liabilities, losses, damages or costs,
including reasonable attorney’s fees, arising out of or related
in any way to the Privacy Protection services provided
hereunder.
APPENDIX ‘L’
.UK DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .UK domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief:
(1) you are aware that registering a .UK domain name, involves
you contracting with the Nominet which is the .UK Registry, and
agreeing to their Terms and Conditions of Domain Name
Registration available on their website at
http://www.nominet.org.uk/.
(2) you agree to comply with all applicable laws, regulations
and policies of Nominet available on their website at
http://www.nominet.org.uk/.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute Resolution
Service Policy set forth by Nominet. These policies are
available at http://www.nominet.org.uk/ and are hereby
incorporated and made an integral part of this Agreement.
APPENDIX ‘M’
.TRAVEL DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .TRAVEL domain name, the Registrant, must also
agree to the following terms:
1. PROVISION OF REGISTRATION DATA
Over and above the obligations already described in this
Agreement, you are required to provide us the UIN (Unique
Identification Number), as issued by the .TRAVEL Registry to an
entity that is eligible to hold a .travel domain name.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current .TRAVEL TLD Charter
Eligibility Dispute Resolution Policy as well as the Uniform
Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/ that are incorporated herein and made
a part of this Agreement by reference.
APPENDIX ‘N’
.WS DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .WS domain name, the Registrant, must also
agree to the following terms:
1. GOVERNMENT USE OF DATA
You understand and agree that the .WS Registry 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 You.
“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.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute
Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated herein
and made a part of this Agreement by reference.
APPENDIX ‘O’
.COOP DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .COOP domain name, the Registrant, must also
agree to:
(1) the terms and conditions of the .COOP Registration Agreement
with the .COOP Sponsor DCLLC (DotCoop Limited Liability
Company), available at
http://www.nic.coop/media/3345/111102_-_registration_agreement.pdf;
and
(2) the Verification & Eligibility Policy available at
http://www.nic.coop/media/1571/Verificationpolicy.pdf; and
(3) the Charter Eligibility Dispute Resolution Policy (“CEDRP”)
and DotCoop Domain Name Dispute Resolution Policy (“DCDRP”)
found at http://www.nic.coop/dispute.asp; and
(4) the Transfer Policy found at
http://www.nic.coop/media/1509/DotCoop%20Policy%20on%20Transfer%20of%20Registrations%20between%20Registrars.pdf
all of the above included herein by reference.
Where there is a conflict, contradiction or inconsistency
between the provisions of this Appendix (.COOP DOMAIN NAME
SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the
provisions of this Appendix shall prevail in respect of all
.COOP domain name registrations only.
In particular we draw the following to your attention:
1. ELIGIBILITY AND PRIVACY
You agree:
(1) to meet all eligibility requirements mandated by .COOP
Sponsor for registration of a .COOP name, as set forth in the
.COOP Charter set out in
http://www.icann.org/tlds/agreements/coop/sponsorship-agmt-att1-05nov01.htm.
(2) in the event you are found not to be entitled to register a
.COOP domain name for failure to meet .COOP Sponsor eligibility
requirements, that the domain name may not be registered (and,
if already registered, it will be deleted). You release the
.COOP Sponsor from any and all liability stemming from deletion
of any domain name. Deleted .COOP names will be returned to the
pool of names available for registration. The privacy statement,
located on the .COOP Sponsor’s Web site at
http://www.nic.coop/media/5687/privacy_policy_-_120328.pdf and
incorporated herein by reference sets forth your and the .COOP
Sponsor’s rights and responsibilities with regard to your
personal information.
2. APPLICABLE POLICIES
You agree to adhere to the .COOP policies set forth on
http://www.nic.coop, including but not limited to the
requirement that third-and-higher-level domain names within your
second level domain may only be used internally by you (absent a
written license from the .COOP Sponsor).
3. 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 the .COOP Sponsor’s dispute policy
as found at
http://www.nic.coop/media/3042/.coop_dispute_policy.pdf as it
may be modified 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 your .COOP Registrar and the .COOP
Sponsor harmless pursuant to the terms and conditions set forth
in the .COOP Domain Name Specific Conditions. If the .COOP
Registrar or Sponsor 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 prior approval.
Registrar may not allow you to make changes to such domain name
record until (i) Registrar is directed to do so by the judicial
or administrative body, or (ii) Registrar receives notification
by you and the other party contesting your registration and use
of our domain name registration services that the dispute has
been settled.
APPENDIX ‘P’
CentralNIC DOMAIN NAME SPECIFIC CONDITIONS
If the Order is either a EU.COM, GB.COM, QC.COM, KR.COM, US.COM,
AE.ORG, GR.COM, BR.COM, DE.COM, GB.NET, HU.COM, JPN.COM, NO.COM,
RU.COM, SA.COM, SE.COM, SE.NET, UK.COM, UK.NET, UY.COM or ZA.COM
domain name, the Registrant, must also agree to the following
terms:
1. GOVERNMENT USE OF DATA
You understand and agree that CentralNic 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.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies
set forth by CentralNic. These policies are available at
http://www.centralnic.com and are hereby incorporated and made
an integral part of this Agreement.
APPENDIX ‘Q’
.MOBI DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .MOBI domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief:
(1) you are aware that registering a .MOBI domain name, involves
you contracting with mTLD which is the .MOBI Registry, and
agreeing to their Terms and Conditions of Domain Name
Registration available on their website at
http://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.
(2) you agree to comply with all applicable laws, regulations
and policies of mTLD available on their website at
http://www.mtld.mobi/.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute
Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated herein
and made a part of this Agreement by reference.
APPENDIX ‘R’
.ASIA DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ASIA domain name, the Registrant, must also
agree to the following terms:
1. DEFINITIONS
(1) “Charter Eligibility Declaration Contact” (“CED Contact”) is
a contact that is designated to make the declaration that it
meets the Charter Eligibility Requirement for registering a
.ASIA domain name.
(2) “Charter Eligibility Requirement” means the eligibility
requirement set out in the .ASIA Charter, that the Registered
Name Holder is required to comply with. The policy for such
requirement, the “Charter Eligibility Requirement Policy” is
stated on DotAsia’s website at http://policies.registry.asia.
2. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief:
(1) you are aware that registering a .ASIA domain name, involves
you contracting with the .ASIA Registry, and agreeing to their
Terms and Conditions of Domain Name Registration available on
their website at http://policies.registry.asia.
(2) you are aware that every .ASIA domain name must specify a
CED Contact, that is a legal entity or natural person in the
DotAsia Community. The DotAsia Community is defined based on the
geographical boundaries described by the ICANN Asia / Australia
/ Pacific region
(http://www.icann.org/montreal/geo-regions-topic.htm).
(3) you are aware that in the event you do not have a legal
entity or natural person in the DotAsia Community, the Registrar
allows you to designate a Registrar-assigned CED Contact, to
facilitate your .asia domain name registration.
(4) you have made known to the Charter Eligibility Declaration
Contact (CED Contact), and the CED Contact has agreed, that the
Registrant Contact and the CED Contact will jointly be defined
as the Registered Name Holder, and that it shall be jointly
responsible for the Registered Name in the event of a dispute or
a challenge over the Registered Name Holder’s legal entitlement
to or the ownership of the Registered Name. The CED Contact
shall be bound by the provisions in the DotAsia Organisation
Limited’s .ASIA Charter Eligibility Requirement Policy published
from time to time. Registered Name Holder acting as Registrant
Contact agrees that it has obtained an agreement from the CED
Contact that the Registrant Contact shall remain the Operating
Contact for all operations of the domain, including but not
limited to domain transfer and updates.
(5) in the event of a domain name dispute both the CED Contact
and the Registrant Contact can be named as the responding party,
the CED Contact however is responsible only for acknowledging
the dispute proceedings and to refer the case to the Registrant
Contact. The Registrant Contact shall remain solely responsible
for all operations and liabilities regarding the use of the
domain.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN’s Uniform Domain Name
Dispute Resolution Policy (UDRP), available at
http://www.icann.org/dndr/udrp/policy.htm and ICANN’s Charter
Eligibility Dispute Resolution Policy (CEDRP), available at
http://www.icann.org/udrp/cedrp-policy.html, that are
incorporated herein and made a part of this Agreement by
reference.
APPENDIX ‘S’
.ME DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ME domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief:
(1) you are aware that registering a .ME domain name, involves
you contracting with the doMEn, d.o.o. Registry which is the .ME
Registry, and agreeing to their Terms and Conditions of Domain
Name Registration available on their website at
http://www.domain.me/.
(2) you agree to comply with all applicable laws, regulations
and policies of doMEn, d.o.o. available on their website at
http://www.domain.me/.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute Resolution
Service Policy set forth by doMEn, d.o.o.. These policies are
available at http://www.domain.me/ and are hereby incorporated
and made an integral part of this Agreement.
APPENDIX ‘T’
.TEL DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .TEL domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief:
(1) you are aware that registering a .TEL domain name, involves
you contracting with the telnic which is the .TEL Registry, and
agreeing to their Terms and Conditions of Domain Name
Registration available on their website at
http://www.telnic.org/.
(2) you are aware that registering a .TEL domain name, requires
you to submit atleast one communications contact such as a
telephone number, an email address, an instant-messaging handle
or a web link associated with you.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute
Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated herein
and made a part of this Agreement by reference.
APPENDIX ‘U’
LIST OF TLDS REGISTRAR IS AUTHORIZED TO PROVIDE DOMAIN NAME
REGISTRATION AND MANAGEMENT SERVICES
.COM, .NET (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ORG (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.BIZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.INFO (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.NAME and .NAME Defensive Registrations and .NAME Mail Forwards
(through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.US (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.IN (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.EU (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.UK (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd.
D/B/A PublicDomainRegistry.com)
.WS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.COOP (through Registrar The Midcounties Co-operative Ltd)
CentralNIC (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.MOBI (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ASIA (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ME (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TEL (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.MN, .BZ (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CC, .TV (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CN (through Registrar Directi Web Services Pvt. Ltd)
.NZ (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.CO (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.CA (through Registrar PublicDomainRegistry.com Inc)
.DE (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.ES (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.AU (through Registrar Public Domain Registry Pty Ltd.)
.RU (through Registrar RU-Center)
.XXX (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.PRO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.SX (through Registrar PDR Ltd.)
.PW (through Registrar <#=dotpw_serviceprovidername#>)
APPENDIX ‘V’
.CN DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CN domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief you are aware that registering a .CN domain name,
involves you contracting with the CNNIC which is the .CN
Registry, and agreeing to their Terms and Conditions of Domain
Name Registration available on their website at
http://www.cnnic.cn.
2. DOMAIN DISPUTE POLICY
If the Order is a .CN domain name, the Registrant, must also
agree to be bound by the current CNNIC Domain Name Dispute
Resolution Policy, available at http://www.cnnic.cn/ that is
incorporated herein and made a part of this Agreement by
reference.
3. DOMAIN NAME APPLICATION AND VERIFICATION
The Domain Applicant agrees to submit and maintain relevant
information certification, materials and documents to the
Registrar for validating the contact information associated with
the domain name. Failure to do so may result in rejection of
First Application or Renewal of the domain name.
APPENDIX ‘W’
.NZ DOMAIN NAME SPECIFIC CONDITIONS
Registrar and registrant are bound by the policies, at
http://dnc.org.nz/policies, that are incorporated herein and
made a part of this Agreement by reference.
In the case of any conflict between .NZ and this agreement, the
.NZ terms apply. If the Order is a .NZ domain name the following
applies:
1. REGISTER IS THE RECORD
For all purposes the details shown in the .NZ register shall be
treated as correct and the authoritative record.
2. CANCELLATION OF A DOMAIN NAME
If we are going to cancel the registration of a domain name
registered to you as a result of you not paying our charges
relating to its renewal, we will give you fourteen days notice
before we initiate action to cancel that domain name.
3. LAW AND JURISDICTION APPLYING TO THIS APPENDIX
To the extent legally permitted, you agree that:
(1) all services of the .NZ Registry are provided under New
Zealand law.
(2) any claim or dispute arising out of or in connection with
this agreement must be instituted within 60 days from the date
the relevant service was supplied to you.
(3) except as otherwise stated, you may take action against us
only in a New Zealand court.
4. CANCELLING THE AGREEMENT
We may cancel or suspend this agreement by giving you one
month’s notice.
5. REGISTRAR-REGISTRAR TRANSFER
The Registrant acknowledges and agrees that during the first
five days after initial registration of the Order the Registrant
may not be able to transfer the Order to another Registrar.
APPENDIX ‘X’
.CO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CO domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief you are aware that registering a .CO domain name,
involves you contracting with the .CO Internet S.A.S which is
the .CO Administrator, and agreeing to their Terms and
Conditions of Domain Name Registration available on their
website at http://www.cointernet.co/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .CO Registry are provided under laws of
Colombia.
(2) any disputes, claims or controversies arising out of the
registration, ownership, use, transfer, assignment, loss,
cancellation, or suspension of any Registered Name or otherwise
relating to the .CO TLD between Registrant and the .CO Registry
shall be governed exclusively by the laws of Colombia and that
any such disputes, claims or controversies shall be brought and
heard exclusively in the courts located in Bogota, Colombia.
3. DOMAIN DISPUTE POLICY
If the Order is a .CO domain name, the Registrant acknowledges
having read and understood and agrees to be bound by the terms
and conditions of the Uniform Domain Name Dispute Resolution
Policy adopted by ICANN, available at
http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the
“UDRP”), as the same may be amended from time to time and which
is hereby incorporated and made an integral part of this
Agreement.
APPENDIX ‘Y’
.CA DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CA domain name, the Registrant, must also
agree to the terms within the .CA Registrant Agreement displayed
at the time of registering a .CA domain name and while assigning
a new Registrant Contact for the domain name.
Where there is a conflict, contradiction or inconsistency
between the provisions of this Appendix (.CA DOMAIN NAME
SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the
provisions of this Appendix shall prevail in respect of all .CA
domain name registrations only.
APPENDIX ‘Z’
.DE DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .DE domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief you are aware that registering a .DE domain name,
involves you contracting with the DENIC eG (DENIC) which is the
.DE Registry, and agreeing to their Terms and Conditions of
Domain Name Registration available on their website at
http://www.denic.de/en/domains.html.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .DE Registry are provided under laws of
Germany.
(2) either the Registrant or the Administrative Contact of your
.DE domain name is domiciled in Germany and would be legally
able to receive German Court documents and/or summons.
(3) any disputes, claims or controversies arising out of the
registration, ownership, use, transfer, assignment, loss,
cancellation, or suspension of any Registered Name or otherwise
relating to the .DE TLD between Registrant and the .DE Registry
shall be governed exclusively by the laws of Germany and that
any such disputes, claims or controversies shall be brought and
heard exclusively in the courts located in Germany.
3. DOMAIN DISPUTE POLICY
If the Order is a .DE domain name, the Registrant, must also
agree to be bound by the current DENIC Domain Name Dispute
Resolution Policy, available at
http://www.denic.de/en/domains.html that is incorporated herein
and made a part of this Agreement by reference.
APPENDIX ‘AA’
.ES DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ES domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief you are aware that registering a .ES domain name,
involves you contracting with the Red.es (ESNIC) which is the
.ES Registry, and agreeing to their Terms and Conditions of
Domain Name Registration available on their website at
http://www.dominios.es/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .ES Registry are provided under laws of
Spain.
(2) any disputes, claims or controversies arising out of the
registration, ownership, use, transfer, assignment, loss,
cancellation, or suspension of any Registered Name or otherwise
relating to the .ES TLD between Registrant and the .ES Registry
shall be governed exclusively by the laws of Spain and that any
such disputes, claims or controversies shall be brought and
heard exclusively in the courts located in Spain.
3. DOMAIN DISPUTE POLICY
If the Order is a .ES domain name, the Registrant, must also
agree to be bound by the current ESNIC Domain Name Dispute
Resolution Policy, available at http://www.dominios.es/ that is
incorporated herein and made a part of this Agreement by
reference.
APPENDIX ‘AB’
.AU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .AU domain name, then the following terms
apply:
1. REGISTRANT REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief:
(1) you are aware that auDA (.au Domain Administration Limited,
ACN 079 009 340) is the .AU Domain Names Administrator.
(2) you are aware that you must comply with all auDA Published
Policies (listed at http://www.auda.org.au), as if they were
incorporated into, and form part of, this agreement. In the
event of any inconsistency between any auDA Published Policy and
this agreement, then the auDA Published Policy will prevail to
the extent of such inconsistency.
(3) you are aware that the Registrar acts as agent for auDA for
the sole purpose, but only to the extent necessary, to enable
auDA to receive the benefit of rights and covenants conferred to
it under this agreement. auDA is an intended third party
beneficiary of this agreement.
(4) all information provided to register or renew the
registration of the domain name (including all supporting
documents, if any) are true, complete and correct, and are not
misleading in any way, and the application is made in good
faith.
(5) you acknowledge that under the auDA Published Policies there
are mandatory terms and conditions that apply to all domain
names licences, and such terms and conditions are incorporated
into, and form part of, this agreement.
(6) you meet and will continue to meet, the eligibility criteria
prescribed in auDA Published Policies
(http://www.auda.org.au/policy/current-policies/) for the domain
name for the duration of the domain name.
(7) you have not previously submitted an application for the
domain name with another Registrar using the same eligibility
criteria, and the other Registrar has rejected the application.
(8) you are aware that even if the domain name is accepted for
registration, the Registrant’s entitlement to register the
domain name may be challenged by others who claim to have an
entitlement to the domain name.
(9) you are aware that auDA or the Registrar may cancel the
registration of the domain name if any of the warranties set out
above is found to be untrue, incomplete, incorrect or
misleading.
(10) you are aware of auDA’s WHOIS policy at
http://www.auda.org.au/whois-policy/, which sets out auDA’s
guidelines on the collection, disclosure and use of WHOIS data.
2. LIABILITIES AND INDEMNIFICATION
(1) To the fullest extent permitted by law, auDA will not be
liable to Registrant for any direct, indirect, consequential,
special, punitive or exemplary losses or damages of any kind
(including, without limitation, loss of use, loss or profit,
loss or corruption of data, business interruption or indirect
costs) suffered by Registrant arising from, as a result of, or
otherwise in connection with, any act or omission whatsoever of
auDA, its employees, agents or contractors.
(2) Registrant agrees to indemnify, keep indemnified and hold
auDA, its employees, agents and contractors harmless from all
and any claims or liabilities, arising from, as a result of, or
otherwise in connection with, Registrant’s registration or use
of its .au domain name.
(3) Nothing in this document is intended to exclude the
operation of Trade Practices Act 1974.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current auDRP Dispute Resolution
Policy, available at
http://www.auda.org.au/policy/current-policies/ that is
incorporated herein and made a part of this Agreement by
reference.
4. REGISTRAR SUPPORT
First level of support is available through the Registration
Partner, from whom you have registered your .AU domain name.
Contact details of this organization may be obtained from
http://publicdomainregistry.com/support/.
If this organization is not able to provide timely assistance to
the domain name owner, you may contact Registrar Public Domain
Registry Pty Ltd.’s 24×7 online Support Team at
http://resources.publicdomainregistry.com/compliance/.
To know more about your .AU domain name or to get in touch with
the .AU Registry, refer http://www.auda.org.au/help/faq-index/.
5. REGISTRAR ADDRESS
Public Domain Registry Pty Ltd.
ACN: 141 141 988
ABN: 25 141 141 988
14, Lever Street, Albion
Brisbane, Queensland 4010
Australia
6. DOMAIN CANCELLATION POLICY
If the domain name must be cancelled for any reason after the
Registrar allotted Add Grace period, the domain name registrant
can do so by submitting a written application for cancellation
of the domain to the Registrar.
To cancel the domain licence:
(1) Organisations or companies listed as the domain registrant
must submit their written request along with the legal
letterhead of that organisation.
(2) Individuals or sole traders must submit their written
request along with a copy of photo identification.
All requests must be dated, signed and may be submitted by the
Registrant via email or any other medium provisioned by the
Registrar.
APPENDIX ‘AC’
.CC, .TV DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CC or .TV domain name, then the following
terms apply:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief you are aware that registering a .CC, .TV domain
name, requires you to agree to:
(1) grant Verisign (the .CC, .TV Registry) all necessary
licenses and consents to permit Verisign or its agent(s) to:
(1) perform in Verisign’s unlimited and sole discretion Malware
Scans on your .CC, .TV website.
(2) collect, store, and process data gathered as a result of
such Malware Scans.
(3) disclose the results of such Malware Scan (including all
data therefrom) to the Registrar. Such information can not be
considered as confidential or proprietary.
(4) use the results of such Malware Scan (including all data
therefrom) in connection with protecting the integrity, security
or stability of the Registry.
(2) disclaim any and all warranties, representations or
covenants that such Malware Scan will detect any and all Malware
or that Verisign is responsible for notifying the Registrar or
the Registrant of any Malware or cleaning any Malware from any
Registrant’s systems.
2. LIABILITIES AND INDEMNIFICATION
You agree to indemnify, defend and hold harmless Verisign and
its affiliates, suppliers, vendors and subcontractors, and, if
applicable, any ccTLD registry operators providing services and
their respective employees, directors, officers,
representatives, agents and assigns (“Verisign Affected
Parties”) from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees
and expenses, arising out of or relating to, for any reason
whatsoever, any Malware Scan, the failure to conduct a Malware
Scan, the failure to detect any Malware, or the use of any data
from Malware Scans.
APPENDIX ‘AD’
.XXX DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .XXX domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief you are aware that registering a .XXX domain name,
involves you contracting with the ICM Registry LLC which is the
.XXX Registry, and agreeing to their Terms and Conditions of
Domain Name Registration available on their website at
http://www.icmregistry.com.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN’s Uniform Domain Name
Dispute Resolution Policy available at
http://www.icann.org/udrp/udrp.htm, and ICM’s Charter
Eligibility Dispute Resolution Policy (CEDRP) and ICM’s Rapid
Evaluation Service (RES) available at the Registry’s website,
that is incorporated herein and made a part of this Agreement by
reference.
APPENDIX ‘AE’
.RU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .RU domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief you are aware that registering a .RU domain name,
involves you contracting with Registrar RU-Center, and agreeing
to their Terms and Conditions of Domain Name Registration
available on their website at https://www.nic.ru/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that all services of
Registrar RU-Center are provided under laws of the Russian
Federation.
APPENDIX ‘AF’
.PRO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .PRO domain name, the Registrant, must also
agree to the following terms:
You are aware that registering a .PRO domain name, involves you
contracting with RegistryPro, and agreeing to their Terms and
Conditions of Domain Name Registration available on their
website at http://registry.pro/legal/user-terms
1. INDEMNITY
You agree to hold harmless and indemnify RegistryPro and
Registrar, and each of their subsidiaries, affiliates, officers,
agents, and employees from and against any third party claim
arising from or in any way related to your use of the Service,
including any liability or expense arising from all claims,
losses, damages (actual and consequential), suits, judgements,
litigation costs and attorneys’ fees, of every kind and nature.
In such a case, Registrar will provide you with written notice
of such claim, suit or action.
2. INCORPORATION OF .PRO RESTRICTIONS AND CHALLENGE PROCESSES
You acknowledge having 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 Uniform Domain Name Dispute Resolution Policy, available
at http://www.icann.org/dndr/udrp/ policy.htm
(B) The Qualification Challenge Policy and Rules, available at
http://www.icann.org/dndr/proqcp/policy.htm and
http://www.icann.org/dndr/proqcp/uniform-rules.htm;
(C) The .pro TLD restriction requirements, available at
http://www.registrypro.pro/qualifications.htm
You represent and warrant that, at all times during the term of
domain name registration, you will meet the .pro registration
requirements set forth by RegistryPro. You are required to
provide prompt notice to the Registrar if you fail to meet such
registration requirements. Registrar and/or Registry Operator
shall have the right to immediately and without notice to you,
suspend, cancel or modify a yourregistration if, at any time you
fail to meet the registration requirements.
APPENDIX ‘AG’
.SX DOMAIN NAME SPECIFIC CONDITIONS
1. REGISTRANT REPRESENTATIONS AND WARRANTIES
1.1 You represent and certify that, to the best of your
knowledge and belief you are aware that registering a .SX domain
name, involves you contracting with the SX Registry SA which is
the .SX Registry, and agreeing to their Terms and Conditions of
Domain Name Registration available on their website at
http://www.registry.sx/registrars/legal
1.2 Domain Name Holders expressly acknowledge and accept that
the Registry shall be entitled (but not obliged) to reject an
Application or to delete or transfer a Domain Name Registration:
??? that does not contain complete and accurate information as
described in these Policies, or is not in compliance with any
other provision of these Policies; or
??? to protect the integrity and stability of the Shared
Registry System, and/or the operation and/or management of the
.SX TLD; or
??? in order to comply with applicable laws and regulations,
and/or any decision by a competent court or administrative
authority and/or any dispute resolution service provider the
Registry may hereafter retain to oversee the arbitration and
mediation of disputes; and/or any other applicable laws,
regulations, policies or decrees; or
- to avoid any liability on behalf of the Registry, including
their respective affiliates, directors, officers, employees,
subcontractors and/or agents; or
- following the outcome of a Sunrise Reconsideration Proceeding.
2. INDEMNIFICATION AND LIMITATION OF LIABILITY
2.1. To the extent allowed under governing law, the Registry
shall only be liable in cases where willful misconduct or gross
negligence is proven. In no event shall the Registry be held
liable for any indirect, consequential or incidental damages or
loss of profits, whether contractual, based on tort (including
negligence) or otherwise arising, resulting from or related to
the submission of an Application, the registration or use of a
Domain Name or to the use of the Shared Registry System or
Registry Web Site, even if they have been advised of the
possibility of such loss or damages, including but not limited
to decisions taken by the Registry to register or not to
register a Domain Name on the basis of the findings of or
information provided by the IP Clearinghouse Operator, as well
as the consequences of those decisions.
2.2. To the extent allowed under applicable law, the
Registry???s aggregate liability for damages shall in any case
be limited to the amounts paid by the Accredited Registrar to
the Registry in relation to the Application concerned (excluding
additional fees paid by the Applicant to the Accredited
Registrar or reseller, auction fees and/or reconsideration
fees). The Applicant agrees that no greater or other damages may
be claimed from the Registry (such as, but not limited to, any
fees payable or paid by the Applicant in the context of any
proceedings initiated against a decision by the Registry to
register or not to register a Domain Name). The Applicant
further agrees to submit to a binding arbitration for
disputes arising from these Policies and related to the
allocation of Domain Names.
2.3. Applicants and Domain Name Holders shall hold the Registry
harmless from claims filed or disputes initiated by third
parties, and shall compensate the Registry for any costs or
expenses incurred or damages for which they may be held liable
as a result of third parties taking action against it on the
grounds that the Applications for or the registration or use of
the Domain Name by the Applicant infringes the rights of a third
party. Applicant agrees to indemnify, keep indemnified and hold
the Registry harmless from all and any claims or liabilities,
arising from, as a result of, or otherwise in connection with,
Applicant’s registration or use of its .sx domain name.
2.4. For the purposes of this Article, the term ???Registry???
shall also refer to its shareholders, directors, employees,
members, subcontractors, the IP Clearinghouse Operator and their
respective directors, agents, employees and subcontractors.
2.5. The Registry, its directors, employees, contractors and
agents (including the IP Clearinghouse Operator and the Auction
Provider) are not a party to the agreement between an Accredited
Registrar and its Applicants, its Domain Name Holders or any
party acting in the name and/or on behalf of such Applicants or
Domain Name Holders.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the Uniform Domain Dispute Resolution
Policy (UDRP), available at
http://www.registry.sx/registrars/legal.html that is
incorporated herein and made a part of this Agreement by
reference.
APPENDIX ‘AH’
.PW DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .PW domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge
and belief you are aware that registering a .PW domain name,
involves you contracting with the .PW Registry, and agreeing to
their Terms and Conditions of Domain Name Registration available
on their website at http://www.registry.pw/.
Furthermore, you represent and certify that, to the best of your
knowledge and belief you are aware of the Domain Abuse Policy
for .PW Registrants available on the website
http://www.registry.pw/
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the
.PW Registry and published at http://www.registry.pw that are
incorporated herein and made a part of this Agreement by
reference.
This represents an addendum to the Customer Master Agreement between yourself and us for Domain Registration
CUSTOMER DOMAIN REGISTRATION PRODUCT AGREEMENT EXTENSION
Global Webs Link (hereinafter referred to as “Parent”)
AND you (hereinafter referred to as “Customer”)
HAVE
entered into a Customer Master Agreement (“Agreement”) effective
from February 27, 2013 of which this “Domain Registration
Product Agreement Extension” is a part.
WHEREAS, Parent is authorized to provide Internet registration
and management services for domain names, for the list of TLDs
mentioned within APPENDIX ‘B’;
WHEREAS, the Customer wishes to purchase Registration and/or
Management and/or Renewal and/or Transfer for the list of TLDs
mentioned within APPENDIX ‘B’ through Parent;
NOW, THEREFORE, for and in consideration of the mutual promises,
benefits and covenants contained herein and for other good and
valuable consideration, the receipt, adequacy and sufficiency of
which are hereby acknowledged, Parent and the Customer,
intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) “TLD” refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US,
.IN, .EU, .UK, .TRAVEL, .WS, .COOP, CentralNIC, .MOBI, .ASIA,
.ME, .TEL, .MN, .BZ, .CC, .TV, .CN, .NZ, .CO, .CA, .DE, .ES,
.AU, .XXX , .RU, .PRO, .SX AND .PW
(2) “gTLD” refers to .COM, .NET, .ORG, .BIZ, .INFO, .NAME,
.TRAVEL, .COOP, .MOBI, .ASIA, .TEL, .XXX AND .PRO
(3) “Domain Order” refers to an Order fulfilled by the Customer
through the Parent under this Domain Registration Product
Agreement Extension.
(4) “Registrant” refers to the registrant/owner of a Domain
Order as in the OrderBox Database.
(5) “Registrar” refers to the Registrar of a Domain Order as in
the OrderBox Database and/or shown in the Whois Record.
(6) Registry Operator refers to the Organisation/Entity that
maintains the registry of a TLD of a Domain Order.
(7) “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.
2. OBLIGATIONS OF THE CUSTOMER
(1) The Customer must ensure that the Registrant of each Domain
Order must agree to be bound by the terms and conditions laid
out by the Registrar of the Domain Name during the term of the
Domain Order. The Customer must familiarize himself with such
terms. The Customer acknowledges that the Registrar has various
rights and powers as mentioned in the Registrar’s terms and
conditions. Parent is not liable for any action taken by
Registrar pursuant to the Registrar’s terms and conditions. The
Customer acknowledges and agrees that the Customer shall
indemnify Parent of, and shall be responsible for any liability
resulting from Registrants’ noncompliance with such terms and
conditions.
(2) The Customer will not make any changes to any information
associated with the Domain Order without explicit authorization
from the Registrant of that Domain Order.
(3) The Customer must comply with all applicable terms and
conditions, standards, policies, procedures, and practices laid
down by ICANN, the Registrar and the Registry Operator.
3. RIGHTS OF PARENT
Parent and Service Providers, in their sole discretion,
expressly reserve the right to freeze, delete, suspend, deny,
cancel, modify, take ownership of or transfer any Domain Order,
in order to comply with any applicable Dispute policies,
requests of law enforcement, or in compliance with any Court
Orders, or if Parent or Service Providers in their sole
discretion determine that the information associated with the
Domain Order is inaccurate, or has been tampered with, or has
been modified without authorization, or if Parent or Service
Providers in their sole discretion determine that the Domain
Order ownership should belong to another entity, or if
Customer/Customer/Registrant does not comply with any applicable
terms and conditions, standards, policies, procedures, and
practices laid down by Parent, Service Providers, ICANN, the
Registrar and the Registry Operator. The Customer agrees that
Parent and Service Providers, and the contractors, employees,
directors, officers, representatives, agents and affiliates, of
Parent and Service Providers, are not liable for loss or damages
that may result from any of the above.
4. SURVIVAL
In the event of termination of this Product Agreement Extension
for any reason, Sections 2 and 3 shall survive.
APPENDIX ‘A’
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the
actual owner from appearing in the Whois Lookup Result of his
domain name.
2. IMPLEMENTATION DETAILS
(1) Customer acknowledges and agrees that the contact
information being displayed in the Whois of a privacy protected
Domain Order will be those designated by the Parent, and
(1) any mail received via post at this Address would be
rejected;
(2) any telephone call received at this Telephone Number, would
be greeted with an electronic answering machine requesting the
caller to email the email address listed in the Whois of this
privacy protected domain name;
(3) the sender of any email to an email address listed in the
Whois of this privacy protected domain name, will get an
automated response email asking them to visit the URL http://www.privacyprotect.org/
to contact the Registrant, Administrative, Billing or Technical
Contact of a privacy protected domain name through an online
form. This message would be relayed as an email message via
http://www.privacyprotect.org/ to the actual Registrant,
Administrative, Billing or Technical Contact email address in
the OrderBox Database.
(2) Customer agrees that we can not guarantee delivery of
messages to either the Registrant, Administrative, Billing,
Technical Contact, of a privacy protected Domain Order, and that
such message may not be delivered in time or at all, for any
reason whatsoever. Parent and Service Providers disclaim any and
all liability associated with non-delivery of any messages
relating to the Domain Order and this service.
(3) Customer understands that the Privacy Protection Service is
only available for certain TLDs.
(4) Irrespective of whether Privacy Protection is enabled or
not, Customers and Registrants are required to fulfill their
obligations of providing true and accurate contact information
as detailed in the Agreement.
(5) Customer understands and acknowledges that Parent in its
sole, unfettered discretion, can discontinue providing Privacy
Protection Services on the Order for any purpose, including but
not limited to:
(1) if Parent receives any abuse complaint for the privacy
protected domain name, or
(2) pursuant to any applicable laws, government rules or
requirements, requests of law enforcement agency, or
(3) for the resolution of disputes concerning the domain name,
or
(4) any other reason that Parent in its sole discretion deems
appropriate to switch off the Privacy Protection Services.
3. OBLIGATIONS OF CUSTOMER
Customer must ensure that the Registrant of each Domain Order
must also acknowledge and agree to be bound by the following
terms and conditions. The Customer acknowledges and agrees that
the Customer shall indemnify Parent of, and shall be responsible
for any liability resulting from Customer’s nondisclosure of
these terms to Registrant of Domain Order.
4. INDEMNITY
Customer and Registrant agree to release, defend, indemnify and
hold harmless Parent, Service Providers, PrivacyProtect.org, and
their parent companies, subsidiaries, affiliates, shareholders,
agents, directors, officers and employees, from and against any
and all claims, demands, liabilities, losses, damages or costs,
including reasonable attorney’s fees, arising out of or related
in any way to the Privacy Protection services provided
hereunder.
APPENDIX ‘B’
LIST OF TLDS PARENT IS AUTHORIZED TO PROVIDE DOMAIN NAME
REGISTRATION AND MANAGEMENT SERVICES
.COM, .NET (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ORG (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.BIZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.INFO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.NAME and .NAME Defensive Registrations and .NAME Mail Forwards
(through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.US (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.IN (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.EU (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.UK (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd.
D/B/A PublicDomainRegistry.com)
.WS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.COOP (through Registrar The Midcounties Co-operative Ltd)
CentralNIC (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.MOBI (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.ASIA (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.ME (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TEL (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.MN, .BZ (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CC, .TV (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CN (through Registrar Directi Web Services Pvt. Ltd)
.NZ (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.CO (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.CA (through Registrar PublicDomainRegistry.com Inc)
.DE (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.ES (through Registrar Directi Internet Solutions Pvt. Ltd.
d/b/a PublicDomainRegistry.com)
.AU (through Registrar Public Domain Registry Pty Ltd.)
.RU (through Registrar RU-Center)
.XXX (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.PRO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.SX (through Registrar PDR Ltd.)
.PW (through Registrar <#=dotpw_serviceprovidername#>)
APPENDIX ‘C’
VERISIGN MOBILEVIEW SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Verisign MobileView Service creates a mobile-friendly
version for your .COM and .NET website.
2. IMPLEMENTATION DETAILS
Registrant agrees that Verisign may store the following data
elements about any MobileView-enabled domain name:
(1) General Details (Company Name, Description and Company
Logo);
(2) Contacts (Phone, Email and Address);
(3) Social (Facebook and Twitter URL);
(4) Products (Product Name, Description, Price and Image);
(5) Business Hours (Title and Hours of Operation);
(6) Coupons (Name, Description, Disclaimer, Image, Start and End
Date).
(7) Usage information:
(1) Number of hits for any given domain name;
(2) User agent (where the request is coming from);
(3) Crawling website to collect website information.
3. DATA USAGE
Registrant agrees and acknowledges the following terms of data
usage by Verisign:
(1) The data will be used to display to the end users and not
used for any other internal purposes. This data is all publicly
available on the internet and/or customer website.
(2) Customer information is used to create and maintain accounts
as well as contacting Customers in case of any problems with
accounts, provide technical support, conduct surveys and other
similar activities.
(3) Verisign may use data for statistical analysis purpose to
understand the Verisign MovileView adoption rate, trend by TLD’s
etc. in order to make improvements to our services.
(4) Verisign may also use data collected under the
IMPLEMENTATION DETAILS, in accordance with the terms of their
privacy policy as set forth at http://www.verisigninc.com/en_US/privacy/index.xhtml.
4. DATA RETENTION
Registrant acknowledges that Verisign may retain some data that
has been anonymized under the IMPLEMENTATION DETAILS, as well as
retain statistical information derived from aggregated data,
even after the MobileView Service has been cancelled.
5. DATA TRANSFER
Registrant acknowledges that Verisign may transfer data
collected under the IMPLEMENTATION DETAILS across International
boundaries.
This represents an addendum to the Customer Master Agreement between
yourself and us for Domain / Mail Forwarding and Managed DNS
CUSTOMER WEB SERVICES PRODUCT AGREEMENT EXTENSION
Global Webs Link (hereinafter referred to as “Parent”)
AND you (hereinafter referred to as “Customer”)
HAVE
entered into a Customer Master Agreement (“Agreement”) effective
from February 27, 2013 of which this “Web Services Product
Agreement Extension” is a part.
WHEREAS, Parent provides Domain Forwarding, Mail Forwarding,
Managed DNS;
WHEREAS, the Customer wishes to activate through Parent, Domain
Forwarding or Mail Forwarding or Managed DNS Services;
NOW, THEREFORE, for and in consideration of the mutual promises,
benefits and covenants contained herein and for other good and
valuable consideration, the receipt, adequacy and sufficiency of
which are hereby acknowledged, Parent and the Customer,
intending to be legally bound, hereby agree as follows:
1. Customer Election. Customer hereby elects to activate Domain
Forwarding or Mail Forwarding or Managed DNS through Parent.
2. Parent’s Acceptance. Parent hereby accepts Customer’s
election to activate Domain Forwarding or Mail Forwarding or
Managed DNS through Parent.
This represents the Customer Agreement for Digital Certificates
CUSTOMER DIGITAL CERTIFICATE PRODUCT AGREEMENT EXTENSION
Global Webs Link (hereinafter referred to as “Parent”)
AND you (hereinafter referred to as “Customer”)
HAVE
entered into a Customer Master Agreement (“Agreement”) effective
from February 27, 2013 of which this “Digital Certificate
Product Agreement Extension” is a part.
WHEREAS, Parent sells digital certificates of Thawte;
NOW, THEREFORE, Parent and the Customer, hereby agree as
follows:
1. Customer Election. Customer hereby elects to purchase Thawte
digital certificates through Parent
2. Parent’s Acceptance. Parent hereby accepts Customer’s
election to purchase Thawte digital certificates through Parent.
This represents the Customer Agreement for Hosting.
CUSTOMER HOSTING PRODUCT AGREEMENT EXTENSION
Global Webs Link (hereinafter referred to as “Parent”) AND you (hereinafter referred to as “Customer”)
HAVE entered into a Customer Master Agreement effective from February 27, 2013 of which this “Customer Hosting Product Agreement Extension” is a part.
WHEREAS Parent provides Web, Virtual Private Server (VPS) and Email Hosting Services;
WHEREAS the Customer wishes to place an Order for Web, VPS and/or Email Hosting Services (“Hosting Order”) through the Parent;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Parent and the Customer, intending to be legally bound, hereby agree as follows:
1. Rights of Parent
While certain attributes of the Hosting Order may consist of
unlimited resources, Customer recognises that the Hosting Order
is a shared hosting service, and that the Parent has the right
in its sole discretion to apply any hard limits on any specific
attribute or resource on the Hosting Order at any given time
without notice in order to prevent degradation of its services,
or incase of any breach or violation or threatened breach or
violation of this Agreement, or incase Parent learns of a
possibility of breach or violation of this Agreement which
Parent in its sole discretion determines to be appropriate, or
to protect the integrity and stability of the Parent Products
and the OrderBox, or to avoid any liability, civil or criminal,
on the part of Parent and/or Service Providers, or for any other
appropriate reason. The Customer agrees that Parent and Service
Providers, and the contractors, employees, directors, officers,
representatives, agents and affiliates, of Parent and Service
Providers, are not liable for loss or damages that may result
from any of the above.
2. Terms of Usage
Customer, or its contractors, employees, directors, officers,
representatives, agents and affiliates and OrderBox Users,
either directly or indirectly, shall not use or permit use of
the Hosting Order, in violation of this Agreement, and for any
of the activities described below -
A. General Terms
(1) For any unacceptable or inappropriate material as determined by Parent in its sole discretion, including but not limited to Topsites, IRC Scripts/Bots, Proxy Scripts/Anonymizers, Pirated Software/Warez, Image Hosting Scripts (similar to Photobucket or Tinypic), AutoSurf/PTC/PTS/PPC sites, IP Scanners, Bruteforce Programs/Scripts/Applications, Mail Bombers/Spam Scripts, Banner-Ad services (commercial banner ad rotation), File Dump/Mirror Scripts (similar to rapidshare), Commercial Audio Streaming (more than one or two streams), Escrow/Bank Debentures, High-Yield Interest Programs (HYIP) or Related Sites, Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme), Sale of any controlled substance without prior proof of appropriate permit(s), Prime Banks Programs, Lottery Sites, MUDs/RPGs/PPBGs, Hateful/Racist/Harassment oriented sites, Hacker focused sites/archives/programs, Sites promoting illegal activities, Forums and/or websites that distribute or link to warez/pirated/illegal content, Bank Debentures/Bank Debenture Trading Programs, Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com), Mailer Pro.
(2) Use over 25% of system resources, including but not limited to Memory, CPU, Disk, Network, and Bandwidth capacity, for longer than 90 seconds in any consecutive 6 hour period.
(3) Execute long-running, stand-alone, unattended server-side processes, bots or daemons.
(4) Run any type of web spiders or indexers.
(5) Run any software that interfaces with an IRC (Internet Relay Chat) network.
(6) Run, host, or store any P2P client, tracker, software, server, files, content or application, including bittorrent.
(7) Participate in any P2P or file-sharing networks.
(8) Use excessive resources which in the Parent’s sole discretion result in damage or degradation to the performance, usage, or experience of OrderBox, other users, other orders, and any of Parent’s services.
(9) Use the email service for sending or receiving unsolicited emails.
(10) Use the email service for sending or receiving emails through automated scripts hosted on your website. For sending out promotional emails, email campaigns, etc., we recommend using the Mailing Lists feature rather than using your email account. Upon detection of such mails going through the regular mailing system, such mails will get classified as spam even though the recipient might have opted in for receiving such mails. This would lead to immediate cessation of mail sending capabilities for the user or the domain name. Frequent violation would lead to permanent suspension of the domain name.
(11) Sending mails to invalid recipient email addresses. On receipt of too many bounce back messages due to invalid recipient email addresses, the user sending such mails would get blocked. Frequent violation would lead to permanent suspension of the domain name.
(12) Sending mails from an email address that is not valid and which results in triple bounces would result in suspension of the user sending such mails. Frequent violation would lead to permanent suspension of the domain name.
(13) Send emails with malicious content. Such emails could be emanating from user(s) whose machine(s) are infected with a virus or malware and such activity could be happening without the user(s) knowledge or user(s) could be unknowingly sending out emails whose receivers may deem them as unsolicited.
(14) Run cron entries with intervals of less than 15 minutes.
B. Web, Email Hosting Specific terms
(1) As a backup/storage device.
(2) Run any gaming servers.
(3) Store over 100,000 files.
(4) Constantly create and delete large numbers of files on a regular basis, or cause file system damage.
(5) (6) Divide Multi-Domain Hosting Orders into smaller packages to resell. Multi-Domain Hosting Orders may be used by only one company/Customer to host multiple domain names/websites.
(7) Store a large number of media files (audio, video, etc.), wherein the limit is at Parent’s sole discretion.
(8) Send over 100 messages per hour per user and/or 300 messages per hour for a domain name. Receive a high volume of emails, by a user or domain name, in any given period of time.
(9) Purchase/use a Dedicated IP Address without installing an SSL Certificate.
(10) Violate the above Terms of Usage for a Hosting Order which comprises of the Do-It-Yourself website builder powered by Jigsy.com.