Exhibit A
Registration Agreement
1.
IN THIS REGISTRATION AGREEMENT ("Agreement"), "Registrant",
"you" and "your" refers to the Registrant of each domain name
registration, "we", "us" and "our" refers to Online
Solutions And Innovation, Inc., and "Services" refers to the domain name
registration services provided by us as offered through
Online Solutions And Innovation, Inc.
, the Registration Service Provider ("Reseller"). Any reference
to a "registry", "Registry" or "Registry Operator"
shall refer to the registry administrator of the applicable TLD or ccTLD. This Agreement
explains our obligations to you, and explains your obligations to us for the Services.
By agreeing to the terms and conditions set forth in this Agreement, you are also
agreeing to be bound by the rules and regulations set forth by a registry for that
particular registry only.
2.
SELECTION OF A DOMAIN NAME. You acknowledge and agree that we cannot guarantee
that you will obtain a desired domain name registration, even if an inquiry indicates
that a domain name is available at the time of your application for same. You represent
that, to the best of the your knowledge and belief, neither the registration of
the domain name nor the manner in which it is directly or indirectly to be used,
infringes upon the legal rights of a third party and further, that the domain name
is not being registered for nor shall it at any time whatsoever be used for any
unlawful purpose. During the period following registration of a domain name and
the appointment of active name servers, we may post a stagnant web page and any
revenues generated from same shall be for our own account.
3.
FEES. As consideration for the Services, you agree to pay Reseller the
applicable service(s) fees prior to the effectiveness of a desired domain name registration
or any renewal thereof. All fees payable hereunder are non-refundable even if your
domain name registration is suspended, cancelled or transferred prior to the end
of your current registration term. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate information about you
as required by the registration process, and (2) maintain and update this information
as needed to keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). You represent
that the Account Information and all other statements put forth in your application
are true, complete and accurate. Both OSAI and each registry reserves the right
to terminate your domain name registration if: (i) information provided by you or
your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise
secretive; or (ii) you have failed to maintain, update and keep your Account Information
true, current, complete, accurate and reliable. You acknowledge that a breach of
this Section 3 will constitute a material breach of our Agreement, which will entitle
either us or a registry to terminate this Agreement immediately upon such breach
without any refund and without notice to you.
4.
TERM. This Agreement will remain in effect during the term of your domain
name registration as selected, recorded and paid for at the time of registration
or any renewal thereof. Should the domain name be transferred to another registrar,
the terms and conditions of this Agreement shall cease.
5.
MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of registering
and administering domain names is constantly evolving; therefore, you agree that
OSAI may modify this Agreement, or any other related and/or applicable agreement,
as is necessary to comply with its agreements with ICANN, a registry or any other
entity or individual, as well as to adjust to changing circumstances. All amendments
to this Agreement will be posted on our website. Your continued use of the domain
name registered to you will constitute your acceptance of this Agreement with any
revisions. If you do not agree to any change, you may request that your domain name
registration be cancelled or transferred to a different accredited registrar. You
agree that such cancellation or request for transfer will be your exclusive remedy
if you do not wish to abide by any change to this Agreement, or any other related
and/or applicable agreement.
6.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use the Account Identifier and Password that you selected
when you opened your account with us. You agree to safeguard your Account Identifier
and Password from any unauthorized use. In no event shall we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
7.
NO GUARANTY. You acknowledge that registration or reservation of your
chosen domain name does not confer immunity from objection to the registration,
reservation or use of the domain name.
8.
DOMAIN NAME DISPUTES. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject to the provisions
specified in the dispute policy adopted by the applicable registry. You agree that
in the event a domain name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions contained in the applicable
policy. If OSAI is notified that a complaint has been filed with a judicial or administrative
body regarding your domain name, OSAI may, at its sole discretion, suspend your
ability to use your domain name or to make modifications to your registration records
until (i) OSAI is directed to do so by the judicial or administrative body, or (ii)
OSAI receives notification by you and the other party contesting your domain that
the dispute has been settled. Furthermore, you agree that if you are subject to
litigation regarding your registration or use of your domain name, OSAI may deposit
control of your registration record into the registry of the judicial body by supplying
a party with a registrar certificate from us.
9.
POLICY. You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to a OSAI, registry, ICANN or
government-adopted policy, or pursuant to any registrar or registry procedure not
inconsistent with a OSAI, registry, ICANN or government-adopted policy, (1) to correct
mistakes by us or a registry in registering the name or (2) for the resolution of
disputes concerning the domain name.
10.
AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record and are therefore
responsible for providing your own full contact information and for providing and
updating accurate technical and administrative contact information adequate to facilitate
timely resolution of any problems that arise in connection with the domain name.
You shall accept liability for harm caused by wrongful use of the domain name. You
represent that you will secure the agreement of any third party to the terms and
conditions in this Agreement
11.
ANNOUNCEMENTS. We reserve the right to distribute information to you
that is pertinent to the quality or operation of our services and those of our service
partners. These announcements will be predominately informative in nature and may
include notices describing changes, upgrades, new products or other information
to add security or to enhance your identity on the Internet.
12.
LIMITATION OF LIABILITY. You agree that our entire liability, and your
exclusive remedy, with respect to any Services(s) provided under this Agreement
and any breach of this Agreement is solely limited to the amount you paid for the
initial registration of your domain name. OSAI and its directors, employees, affiliates,
subsidiaries, agents and third party providers, ICANN and the applicable registries
shall not be liable for any direct, indirect, incidental, special or consequential
damages resulting from the use or inability to use any of the Services or for the
cost of procurement of substitute services. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental damages, in
such states, our liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss or liability resulting
from data non-delivery or data mis-delivery; (3) loss or liability resulting from
acts of God; (4) loss or liability resulting from the unauthorized use or misuse
of your account identifier or password; (5) loss or liability resulting from errors,
omissions, or misstatements in any and all information or services(s) provided under
this Agreement; (6) loss or liability resulting from the interruption of your Service.
You agree that we will not be liable for any loss of registration and use of your
domain name, or for interruption of business, or any indirect, special, incidental,
or consequential damages of any kind (including lost profits) regardless of the
form of action whether in contract, tort (including negligence), or otherwise, even
if we have been advised of the possibility of such damages.
13.
INDEMNITY. You agree to release, indemnify, and hold OSAI, its contractors,
agents, employees, officers, directors and affiliates, ICANN, the applicable registries
and their respective directors, officers, employees, agents and affiliates harmless
from all liabilities, claims and expenses, including attorney's fees, of third parties
arising out of or relating to the registration or use of the domain name registered
in your name, whether used by yourself, licensed to a third party or pursuant to
the Whois Privacy Service, including without limitation infringement by you or a
third party with access to your Account Identifier and Password. You also agree
to release, indemnify and hold us harmless pursuant to the terms and conditions
contained in the applicable Dispute Policy. When we are threatened with suit by
a third party, we may seek written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may be considered by us to
be a breach of your Agreement and may result in the suspension or cancellation of
your domain name. This indemnification obligation will survive the termination or
expiration of this Agreement.
14.
TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois shall
be the registered name holder. The person named as administrative contact at the
time the controlling account identifier and password are secured shall be deemed
the designate of the Registrant with the authority to manage the domain name. You
agree that prior to transferring ownership of your domain name to another person
(the "Transferee") you shall require the Transferee to agree, in writing
to be bound by all the terms and conditions of this Agreement. If the Transferee
fails to be bound in a reasonable fashion (as determine by us in our sole discretion)
to the terms and conditions in this Agreement, any such transfer will be null and
void.
15.
RENEWALS AND FORFEITURE. Domain names are registered for a finite period
of time. You will receive reminders immediately prior to the expiration of your
registration inviting you to renew your domain name. In the event that you fail
to renew your domain name in a timely fashion, your registration will expire and
we may, at our discretion, elect to assume the registration and may hold it for
our own account, delete it or we may sell it to a third party. You acknowledge and
agree that your right and interest in a domain name ceases upon its expiration and
that any expired domain name may be made available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve and
visitors to your site may be redirected to a default page informing them that the
site is no longer in service. This parked or default page may feature advertisements
posted by us for our own account.
If we have elected to renew the registration, you will be entitled to a grace period
during which you may re-register the domain name from us. Additional costs may apply.
During this grace period, we may post a parked page and/or may revise the "Whois"
registration records to include either our information or that of your Reseller.
The domain name may also be listed for auction. If the name is sold during any such
auction, it will be acquired by a third party on a provisional basis and will remain
available for re-registration by you during our stated grace period. If you do not
re-register the domain name during the grace period, the auction sale will be concluded.
If you fail to renew your domain name registration during the grace period, you
acknowledge that you have abandoned the domain name and that it is available for
sale and registration by any third party.
16.
BREACH. You agree that failure to abide by any provision of this Agreement,
any operating rule or policy or the Dispute Policy provided by us, may be considered
by us to be a material breach and that we may provide a written notice, describing
the breach, to you. If within thirty (30) calendar days of the date of such notice,
you fail to provide evidence, which is reasonably satisfactory to us, that you have
not breached your obligations under the Agreement, then we may delete the registration
or reservation of your domain name. Any such breach by you shall not be deemed to
be excused simply because we did not act earlier in response to that, or any other
breach by you.
17.
DISCLAIMER OF WARRANTIES. You agree that your use of our Services is
solely at your own risk. You agree that such Service(s) is provided on an "as
is", "as available" basis. We expressly disclaim all warranties of
any kind, whether express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement. We make
no warranty that the Services will meet your requirements, or that the Service(s)
will be uninterrupted, timely, secure, or error free; nor do we make any warranty
as to the results that may be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through the Service or that
defects in the Service will be corrected. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of Service is done
at your own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the download of
such material and/or data. We make no warranty regarding any goods or services purchased
or obtained through the Service or any transactions entered into through the Service.
No advice or information, whether oral or written, obtained by you from us or through
the Service shall create any warranty not expressly made herein.
18.
INFORMATION. As part of the registration process, you are required to
provide us certain information and to update us promptly as such information changes
such that our records are current, complete and accurate. You are obliged to provide
us the following information:
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(a) |
your name and postal address (or, if different, that of the domain name holder); |
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(b) |
the domain name being registered;
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(c) |
the name, postal address, e-mail address, and voice and fax (if available) telephone
numbers of the administrative contact for the domain name;
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(d) |
the name, postal address, e-mail address, and voice and fax (if available) telephone
numbers of the billing contact for the domain name; and
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(e) |
the name, postal address, e-mail address, and voice and fax (if available) telephone
numbers of the technical contact for the domain name. |
Any voluntary information we request is collected in order that we can continue
to improve the products and services offered to you through your Reseller.
19.
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available to
ICANN, to the registry administrators, law enforcement agencies and to other third
parties as applicable. You further agree and acknowledge that we may make publicly
available, or directly available to third party vendors, some or all, of the domain
name registration information you provide, for purposes of inspection (such as through
our Whois service) or other purposes as required or permitted by ICANN and applicable
laws.
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(a) |
You hereby consent to any and all such disclosures and use of, and guidelines, limits
and restrictions on disclosure or use of, information provided by you in connection
with the registration of a domain name (including any updates to such information),
whether during or after the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may have arising from
such disclosure or use of your domain name registration information by us.
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(b) |
You may access your domain name registration information in our possession to review,
modify or update such information, by accessing our domain manager service, or similar
service, made available by us through your Reseller. |
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(c) |
We will not process or maintain data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes and other
limitations which we describe in this Agreement. |
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(d) |
We will take reasonable precautions to protect the information we obtain from you
from our loss, misuse, unauthorized disclosure, alteration or destruction of that
information. |
20.
OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update information provided
to us, or any failure to respond to inquiries by us addressed to the email address
of the registrant, the administrative, billing or technical contact appearing in
the Whois directory with respect to a domain name concerning the accuracy of contact
details associated with the registration shall constitute a material breach of this
Agreement and be a basis for cancellation of the domain name registration. Any information
collected by us concerning an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration of your domain name(s)
and for the purposes of this Agreement and as required or permitted by ICANN or
an applicable registry policy.
21.
REVOCATION. We, in our sole discretion, reserve the right to deny, cancel,
suspend, transfer or modify any domain name registration to correct a mistake, protect
the integrity and stability of the company and any applicable registry, to comply
with any applicable laws, government rules, or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid any liability, civil
or criminal. You agree that we shall not be liable to you for loss or damages that
may result from our refusal to register or cancel, suspend, transfer or modify your
domain name registration.
22.
INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this Agreement
may be inconsistent with any term, condition, policy or procedure of an applicable
registry, the term, condition, policy or procedure of the applicable registry shall
prevail.
23.
NON-WAIVER. Our failure to require performance by you of any provision
hereof shall not affect the full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision hereof be taken or held
to be a waiver of the provision itself.
24.
NOTICES. Any notice, direction or other communication given under this
Agreement shall be in writing and given by sending it via e-mail or via regular
mail. In the case of e-mail, valid notice shall only have been deemed to be given
when an electronic confirmation of delivery has been obtained by the sender. E-mail
notification to OSAI must be sent to
Any notice to you will be sent to the e-mail address provided by you in your Whois
record. Any e-mail communication shall be deemed to have been validly and effectively
given on the date of such communication, if such date is a business day and such
delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been
delivered on the next business day. In the case of regular mail notice, valid notice
shall be deemed to have been validly and effectively given five (7) business days
after the date of mailing Postal notices to OSAI shall be sent to:
Online Solutions And Innovation, Inc.
Attention: Legal Affairs
5275 CR-1037
Celeste, TX 75423
and in the case of notification to you shall be sent to the address specified in
the "Administrative Contact" in your Whois record.
25.
ENTIRETY. You agree that this Agreement, the applicable dispute policy
and the rules and policies published by OSAI and any applicable registry or other
governing authority, are the complete and exclusive agreement between you and us
regarding our Services.
26.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS
OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS.
ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY
CONSENT TO THE JURISDICTION OF SUCH COURTS.
27.
INFANCY. You attest that you are of legal age to enter into this Agreement.
28.
FORCE MAJEURE. You acknowledge and agree that neither we nor the applicable
registry shall be responsible for any failures or delays in performing our respective
obligations hereunder arising from any cause beyond our reasonable control, including
but not limited to, acts of God, acts of civil or military authority, fires, wars,
riots, earthquakes, storms, typhoons and floods.
29.
PRIVACY. Information collected about you is subject to the terms of OSAI’
privacy policy, the terms of which are hereby incorporated by reference. OSAI’
privacy policy can be found at:
http://www.OSAI.com/privacy.html
30.
CONTROLLING LANGUAGE. In the event that you are reading this Agreement
in a language other than the English language, you acknowledge and agree that the
English language version hereof shall prevail in case of inconsistency or contradiction
in interpretation or translation.
31.
TLD’S. The following additional provisions apply to any domain names
that you register through OSAI with the various registries:
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(a) |
.com/net Domains: In the case of a ".com" or ".net" registration,
the following terms and conditions will apply: |
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(i) |
Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform
Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these policies are subject
to modification; |
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(ii) |
For the adjudication of disputes concerning or arising from use of the domain name,
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) where
OSAI is located, presently Toronto, Ontario. |
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(b) |
.org Domains: In the case of a ".org" registration, the following
terms and conditions will apply: |
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(i) |
Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform
Dom ain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies are subject
to modification; |
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(ii) |
For the adjudication of disputes concerning or arising from use of the domain name,
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) where
OSAI is located, presently Toronto, Ontario. |
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(c) |
.info Domains: In the case of a ".info" registration, the following
terms and conditions will apply: |
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(i) |
Registrant’s Personal Data. You consent to the use, copying, distribution, publication,
modification, and other processing of Registrant’s personal data by Afilias, the
.INFO registry, and its designees and agents, in a manner consistent with the purposes
specified pursuant to its contract; |
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(ii) |
Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform
Domain Dispute Policy ("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies are subject
to modification; |
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(iii) |
For the adjudication of disputes concerning or arising from use of the domain name,
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) where
OSAI is located, presently Toronto, Ontario; |
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(iv) |
Reservation of Rights. OSAI and Afilias expressly reserve the right to deny, cancel,
transfer, or modify any registration that either registrar or Afilias deems necessary,
at its discretion, to protect the integrity and stability of the registry, to comply
with any applicable law, any government rule or requirement, any request of law
enforcement, any dispute resolution process, or to avoid any liability, civil or
criminal, on the part of the registrar and/or Afilias, as well as their affiliates,
subsidiaries, executives, directors, officers, managers, employees, consultants,
and agents. The registrar and Afilias also reserve the right to suspend a domain
name or its registration data during resolution of a dispute. |
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(d) |
.biz Domains. In the case of a ".biz" registration, the following
terms and conditions will apply: |
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(i) |
.biz Restrictions. Registrations in the .biz top-level domain must be used or intended
to be used primarily for bona fide business or commercial purposes. For the purposes
of the .biz registration 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: |
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(A) |
to exchange goods, services, or property of any kind; |
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(B) |
in the ordinary course of business; or |
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(C) |
to facilitate (i) the exchange of goods, services, information or property of any
kind; or (ii) the ordinary course of trade or business. |
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For more information on the .biz restrictions, which are incorporated herein by
reference, please see:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm. |
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(ii) |
Selection of a Domain Name. You represent that: |
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(A) |
the data provided in the domain name registration application is true, correct,
up to date and complete, and that you will continue to keep all of the information
provided correct, up-to-date and complete; |
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(B) |
to the best of the your knowledge and belief, neither this registration of a domain
name nor the manner in which it is directly or indirectly to be used infringes upon
the legal rights of a third party;
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(C) |
that the domain name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever; |
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(D) |
the registered domain name will be used primarily for bona fide business or commercial
purposes and not (a) exclusively for personal use, or (b) solely for the purposes
of (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; |
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(E) |
you have the authority to enter into this Registration Agreement; and |
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(F) |
the registered domain name is reasonably related to your business or intended commercial
purpose at the time of registration. |
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(iii) |
Provision of Registration Data. As part of the registration process, you are required
to provide us with certain information and to keep the information true, current,
complete, and accurate at all times. The information includes the following: |
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(A) |
your full name; |
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(B) |
your postal address; |
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(C) |
your e-mail address; |
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(D) |
your voice telephone number; |
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(E) |
your fax number (if applicable); |
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(F) |
the name of an authorized person for contact purposes in the case of a registrant
that is an organization, association, or corporation; |
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(G) |
the IP addresses of the primary nameserver and any secondary nameserver for the
domain name; |
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(H) |
the corresponding names of the primary and secondary nameservers; |
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(I) |
the full name, postal address, e-mail address, voice telephone number, and, when
available, fax number of the administrative, technical, and billing contacts, and
the name holder for the domain name; and |
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(J) |
any remark concerning the domain name that should appear in the Whois directory. |
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(K) |
You agree and understand that the foregoing registration data will be publicly available
and accessible on the Whois directory as required by ICANN and/or registry policies,
and may be sold in bulk in accordance with the ICANN agreement.
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(iv) |
Domain Name Disputes. 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: |
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(collectively, the "Dispute Policies"). |
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(v) |
The Dispute Policy sets forth the terms and conditions in connection with a dispute
between a Registrant and any party other than the Registry or Registrar over the
registration and use of an Internet domain name registered by Registrant. |
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(vi) |
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 endorsed on a case-by-case,
fact specific basis by an independent ICANN-accredited dispute provider. |
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(vii) |
For the adjudication of disputes concerning or arising from use of the domain name,
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) where
OSAI is located, presently Toronto, Ontario. |
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(e) |
.name Domains. In the case of a ".name" registration, the following
terms and conditions will apply: |
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(i) |
.name Restrictions. Registrations in the .name top-level domain 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. |
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(ii) |
.name Representations. As a .name domain name registrant, you hereby represent that: |
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(A) |
the registered domain name or second level domain ("SLD") e-mail address
is your Personal Name. |
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(B) |
the data provided in the domain name registration application is true, correct,
up to date and complete and that you will continue to keep all of the information
provided correct, current and complete, |
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(C) |
to the best of the your knowledge and belief, neither this registration of a domain
name nor the manner in which it is directly or indirectly to be used infringes upon
the legal rights of a third party; |
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(D) |
that the domain name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever; |
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(E) |
the registration satisfies the Eligibility Requirements found at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; and |
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(F) |
you have the authority to enter into this Registration Agreement. |
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(iii) |
E-mail Forwarding Services. The Services for which you have registered may,
at your option, include e-mail forwarding. To the extent you opt to use e-mail forwarding,
you are obliged to do so in accordance with all applicable legislation and are responsible
for all use of e-mail forwarding, including the content of messages sent through
e-mail forwarding.
You undertake to familiarize yourself with the content of and to comply with the
generally accepted rules for Internet and e-mail usage. This includes, but is not
limited to the Acceptable Use Policy, available at
http://www.nic.name/downloads/aup.pdf as well as the following restrictions.
Without prejudice to the foregoing, you undertake not to use e-mail forwarding: |
|
|
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(A) |
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; |
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(B) |
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; |
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(C) |
to interrupt data traffic to other users, servers or networks, including, but not
restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts
to overload another system or other forms of harassment; or |
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(D) |
for spamming, which includes, but is not restricted to, the mass mailing of unsolicited
e-mail, junk mail, the use of distribution lists (mailing lists) which include persons
who have not specifically given their consent to be placed on such distribution
list. Users are not permitted to provide false names or in any other way to pose
as somebody else when using e-mail forwarding. |
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(iv) |
Registry reserves the right to implement additional anti-spam measures, to block
spam or mail from systems with a history of abuse from entering Registry’s e-mail
forwarding. However, due to the nature of such systems, which actively block messages,
Registry shall make public any decision to implement such systems a reasonable time
in advance, so as to allow you or us to give feedback on the decision. |
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(v) |
You understand and agree that Registry may delete material that does not conform
to clause (c) above or that in some other way constitutes a misuse of e-mail forwarding.
You further understand and agree that Registry is at liberty to block your access
to e-mail forwarding if you use e-mail forwarding in a way that contravenes this
Agreement. You will be given prior warning of discontinuation of the e-mail forwarding
unless it would damage the reputation of Registry or jeopardize the security of
Registry or others to do so. Registry reserves the right to immediately discontinue
e-mail forwarding without notice if the technical stability of e-mail forwarding
is threatened in any way, or if you are in breach of this Agreement. On discontinuing
e-mail forwarding, Registry is not obliged to store any contents or to forward unsent
e-mail to you or a third party. |
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(vi) |
You understand and agree that to the extent either we and/or Registry is required
by law to disclose certain information or material in connection with your e-mail
forwarding, either we and/or Registry will do so in accordance with such requirement
and without notice to you. |
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(vii) |
Domain Name Dispute Policy. If you reserved or registered a domain name through
us, or transferred a domain name to us from another registrar, you agree to be bound
by the dispute policy that is incorporated herein and made a part of this Agreement
by reference. You hereby acknowledge that you have read and understood and agree
to be bound by the terms and conditions of the following documents, as they may
be amended from time to time, which are hereby incorporated and made an integral
part of this Agreement. |
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(viii) |
The Eligibility Requirements dictate that Personal Name domain names and Personal
Name SLD e-mail addresses will be granted on a first-come, first-served basis. The
following categories of Personal Name Registrations may be registered: (i) the Personal
Name of an individual; (ii) the Personal Name of a fictional character, if you have
trademark or service make rights in that character’s Personal Name; (iii) in addition
to a Personal Name registration, you may add numeric characters to the beginning
or the end of the Personal Name so as to differentiate it from other Personal Names.
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(ix) |
The ERDRP applies to challenges to (i) registered domain names and SLD e-mail address
registrations within .name on the grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations (as defined by the Registry) within
.name. |
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(x) |
The UDRP sets forth the terms and conditions in connection with a dispute between
a Registrant and party other than the Registry or OSAI over the registration and
use of an Internet domain name registered by a Registrant. |
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(xi) |
For the adjudication of disputes concerning or arising from use of the domain name,
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) where
OSAI is located, presently Toronto, Ontario. |
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32.
ccTLD’S
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(a) |
.at Domains. In the case of a ".at" registration, the following
terms and conditions will apply: |
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(i) |
Registry Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which are posted on the Registry
website at
http://www.nic.at/en/service/legal_information/terms_conditions/. You are
responsible for monitoring the Registry’s site on a regular basis. In the event
that you do not wish to be bound by a revision or modification to any Registry policy,
your sole remedy is to cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation. |
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(b) |
.be Domains. In the case of a ".be" registration, the following
terms and conditions will apply: |
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|
(i) |
Registry Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which are posted on the Registry
website at http://www.dns.be/en/home.php?n=51.
You are responsible for monitoring the Registry’s site on a regular basis. In the
event that you do not wish to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation. |
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(ii) |
Domain Name Dispute Policy. If you reserved or registered a domain name through
us, or transferred a domain name to us from another registrar, you agree to be bound
by the .be Dispute Policy that is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be found at
http://www.dns.be/en/home.php?n=53. |
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(c) |
.ca Domains. In the case of a ".ca" registration, the following
terms and conditions will apply: |
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|
(i) |
Domain Name Dispute Policy. If you reserved or registered a domain name through
us, or transferred a domain name to us from another registrar, you agree to be bound
by the Dispute Policy, which is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be found at
http://www.cira.ca/en/cat_Dpr.html. Please take the time to familiarize yourself
with this policy.
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|
(ii) |
Registry Policy. You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to any Registry-adopted policy,
or pursuant to any registrar or registry procedure not inconsistent with a Registry
adopted policy, (1) to correct mistakes by OSAI or the Registry in registering
the name or (2) for the resolution of disputes concerning the domain name. |
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(iii) |
Transfer of Ownership. Any transfer of ownership in and to a domain name registration
shall be affected in accordance with registry policies and procedures. |
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(iv) |
Registry Agreement and Policy. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by the Registry’s
Registrant Agreement, the Registry’s policies and any pertinent rules or policies
that exist now or in the future and which are posted on the Registry website at
http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry’s site on a regular basis. In the
event that you do not wish to be bound by a revision or modification to any Registry
agreement or policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation. |
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(v) |
You acknowledge and agree that the Registry shall not be liable to you for any loss,
damage, or expense arising out of the Registry’s failure or refusal to register
a domain name, it’s failure or refusal to renew a domain name registration, it’s
registration of a domain name, it’s failure or refusal to renew a domain name registration,
it’s renewal of a domain name registration, it’s failure or refusal to transfer
a domain name registration, it’s transfer of a domain name registration, it’s failure
or refusal to maintain or modify a domain name registration, it’s maintenance of
a domain name registration, it’s modification of a domain name registration, it’s
failure to cancel a domain name registration or it’s cancellation of a domain name
registration from the Registry; |
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(d) |
.cc Domains. In the case of a ".cc" registration, the following
terms and conditions will apply: |
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|
|
(i) |
Domain Name Dispute Policy. If you reserved or registered a domain name through
us, or transferred a domain name to us from another registrar, you agree to be bound
by the Dispute Policy that is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be found at
http://www.nic.cc/policies/dispute.html. Please take the time to familiarize
yourself with this policy.
|
|
(ii) |
Registry Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which are posted on the Registry
website at:
http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml. You are
responsible for monitoring the Registry’s site on a regular basis. In the event
that you do not wish to be bound by a revision or modification to any Registry policy,
your sole remedy is to cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation.
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(e) |
.ch Domains. In the case of a ".ch" registration, the following
terms and conditions shall apply: |
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|
(i) |
Registry Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which are posted on the Registry
website at http://www.switch.ch/id/terms.
You are responsible for monitoring the Registry’s site on a regular basis. In the
event that you do not wish to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation. |
|
(ii) |
Domain Name Dispute Policy. If you reserved or registered a domain name through
us, or transferred a domain name to us from another registrar, you agree to be bound
by the .ch Dispute Policy that is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be found at
http://www.switch.ch/id/disputes/rules. Please take the time to familiarize
yourself with this policy.
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|
(f) |
.cn Domains. In the case of a ".cn" registration, the following
terms and conditions shall apply: |
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|
(i) |
"Registry" means the China Internet Network Information Center, which
is the authority responsible for the administration of the national top-level domain
of the People’s Republic of China and the Chinese domain name system; |
|
(ii) |
"Registry Gateway" means the service provided by the Registry Operator
that facilitates the registration of .cn domain names by registrars operating outside
of the People’s Republic of China; |
|
(iii) |
"Registry Operator" means Neustar, Inc., the company authorized to facilitate
the registration of .cn domain names by registrars operating outside of the People’s
Republic of China. |
|
(iv) |
Restrictions. You agree that you shall not register or use a domain name that is
deemed by CNNIC to: |
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|
(A) |
be against the basic principles prescribed in the Constitution of the Peoples Republic
of China ("PRC"); |
|
(B) |
jeopardize national security, leak state secrets, intend to overturn the government
or disrupt the integrity of the PRC; |
|
(C) |
harm national honour and national interests of the PRC; |
|
(D) |
instigate hostility or discrimination between different nationalities or disrupt
the national solidarity of the PRC; |
|
(E) |
spread rumours, disturb public order or disrupt social stability of the PRC; |
|
(F) |
spread pornography, obscenity, gambling, violence, homicide, terror or instigate
crimes in the PRC; |
|
(G) |
insult, libel against others and infringe other people’s legal rights and interests
in the PRC; or |
|
(H) |
take any other action prohibited in laws, rules and administrative regulations of
the PRC. |
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|
(v) |
Business or Organization Representation. .cn domain name registrations are intended
for businesses and organizations and not for individual use. By registering a .cn
name, you accordingly represent that you have registered the domain name on behalf
or a business or organization. It should be noted that, although .cn policy is permissive
in terms of registration, and enforcement is generally in reaction to a complaint
(as opposed to proactive review), registrations that are not associated with an
organization or business may be subject to deletion. The foregoing prevents an individual
from registering a .cn domain name for a business operating as a sole proprietorship. |
|
(vi) |
Domain Name Disputes. You acknowledge having read and understood and agree to be
bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules
for CNNIC Dispute Resolution Policy ("Dispute Policy"), as they may be
amended from time to time, which are hereby incorporated and made an integral part
of this Agreement. The Dispute Policy is currently found at:
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm. |
|
(vii) |
You acknowledge that, pursuant to the Dispute Policy, Registrars must comply with
all reasonable requests from the applicable domain name dispute resolution institutions
including the provision of all relevant evidence in any domain name disputes in
the specified time frames. |
|
(viii) |
If we are notified that a complaint has been filed with a judicial or administrative
body regarding your use of our domain name registration services, you agree not
to make any changes to your domain name record without our prior approval. We may
not allow you to make changes to such domain name record until (i) we are directed
to do so by the judicial or administrative body, or (ii) we receive notification
by you and the other party contesting your registration and use of our domain name
registration services that the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your registration and use of our
domain name registration services, we may deposit control of your domain name record
into the registry of the judicial body by supplying a party with a registrar certificate
from us. |
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(ix) |
Adherence to Policies. You agree to comply with all applicable laws, regulations
and policies of the Peoples Republic of China’s governmental agencies and the China
Internet Network Information Centre ("CNNIC"), including but not limited
to the following rules and regulations: |
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|
You acknowledge that you have read and understood and agree to be bound by the terms
and conditions of the policies of the CNNIC, as they may be amended from time to
time. |
|
(x) |
Suspension and Cancellation. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to any OSAI,
Registry Operator, CNNIC or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a CNNIC or government-adopted policy,
(1) to correct mistakes by a party in registering the name, (2) for the resolution
of disputes concerning the domain name, (3) to protect the integrity and stability
of the registry, (4) to comply with any applicable laws, government rules or requirements,
requests of aw enforcement, (5) to avoid any liability, civil or criminal, on the
part of OSAI, Registry Operator or CNNIC, as well as their affiliates, subsidiaries,
directors, representatives, employees and stockholders or (6) for violations of
this Agreement. OSAI, Registry Operator and CNNIC also reserve the right to "freeze"
a domain name during the resolution of a dispute.
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|
(xi) |
Jurisdiction. For the adjudication of disputes concerning or arising from use of
the domain name, the Registrant shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s
domicile, (2) where OSAI is located, and (3) the People’s Republic of China. |
|
(xii) |
Governing Law. For the adjudication of a dispute concerning or arising from use
of a .cn domain, such dispute will be governed under the Laws of the Peoples Republic
of China. |
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|
(g) |
.de Domains. In the case of a ".de" registration, the following
terms and conditions will apply: |
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|
(i) |
Selection of a Domain Name. You represent that:
|
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|
|
(A) |
you have reviewed and have accepted the Registry’s Terms and Conditions and the
Registry’s Guidelines and have provided your Reseller with written confirmation
of same;you have reviewed and have accepted the Registry’s Terms and Conditions
and the Registry’s Guidelines and have provided your Reseller with written confirmation
of same; |
|
(B) |
either you, or the person designated as the administrative contact for the domain
name, shall be resident or shall have a branch in Germany; |
|
(C) |
to the best of the your knowledge and belief, neither this registration of a domain
name nor the manner in which it is directly or indirectly to be used infringes upon
the legal rights of a third party and, further, that the domain name is not being
registered for nor shall it at any time whatsoever be used for any unlawful purpose
whatsoever. |
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(ii) |
Domain Name Disputes. You agree that, if the registration or reservation of your
domain name is challenged by a third party, you will be subject to the provisions
specified by the Registry or any court of law. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions specified by the Registry or any court of law.
|
|
(iii) |
Registry Policies. You agree to be bound by the Registry’s Registration Terms and
Conditions and the Registration Guidelines. English language translations of the
Registry’s documents are provided for convenience; in the event of a discrepancy
between the English and the German language agreements, the terms of the German
agreement will prevail. The Registry documents may be found at: |
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(h) |
.eu domains. In the case of a ".eu" registration, the following
terms and conditions will apply: |
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(i) |
Eligibility Criteria. .eu domain names are available for registration to companies
and persons who fulfill the following criteria. As a condition of registration,
you accordingly represent that you are:
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|
(A) |
an undertaking having its registered office, central administration or principal
place of business within the European Community;
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|
(B) |
an organization established within the European Community without prejudice to the
application of national law, or
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|
(C) |
a natural person resident within the European Community.
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(ii) |
Registry Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which are posted on the Registry
website. Registration policies of the Registry and the terms and conditions applicable
to your .eu registration may be found at:
http://www.eurid.eu/en/general/launch. You are responsible for monitoring
the Registry’s site on a regular basis. In the event that you do not wish to be
bound by a revision or modification to any Registry policy, your sole remedy is
to cancel your domain name registration by following the appropriate Registry policy
regarding such cancellation. |
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(iii) |
Domain Name Disputes. You agree that, if the registration or reservation of your
domain name is challenged by a third party, you will be subject to the provisions
specified by the Registry or any court of law. |
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(i) |
.fr Domains. In the case of a ".fr" registration, the following
terms and conditions will apply: |
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|
(i) |
Representation of Registrant. .fr domain names are available for registration to
companies and persons who fulfill the following criteria. As a condition of registration,
you accordingly represent that you are:
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(A) |
A legal entity: |
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(I) |
whose head office is in France; (or), |
|
(II) |
which possess an address in France which is expressly listed in the public electronic
databases of the registrars of the commercial courts or the National Statistical
and Economic Studies Institute (INSEE), (or),
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(III) |
State institutions or departments, local authorities or associated establishments,
(or), |
|
(IV) |
which own a trademark registered with the National Intellectual Property Institute
or own a registered EU or international trademark which expressly includes French
territory. |
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(ii) |
Administrative Contact. Each registrant must designate an administrative contact
to act as a coordinator between the registrant and the Registry. In the case of
.fr registrations, the administrative contact must be based in France where it can
receive legal and other documents. |
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(iii) |
Registry Policies. You agree to be bound by the Registry’s Naming Charter, its registration
rules for .fr. English language translations of the Registry’s documents are provided
for convenience. The Registry documents may be found at: www.afnic.fr/obtenir/chartes/nommage-fr. |
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(iv) |
Domain Name Disputes. You agree that, if the registration or reservation of your
domain name is challenged by a third party, you will be subject to the provisions
specified by the Registry or any court of law. The current .fr dispute resolution
policy and procedures can be found at
http://www.afnic.fr/doc/ref/juridique/parl. You agree that in the event a
domain name dispute arises with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions specified by the Registry or any court
of law. |
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(j) |
.it Domains. In the case of a "it" registration, the following
terms and conditions shall apply: |
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(i) |
Registration Criteria. Registration of an .it name is restricted to subjects belonging
to a member state of the European Union. Individuals and associations operating
without a VAT number or a fiscal code are limited to a single domain name registration.
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(ii) |
Registry Policy. You acknowledge and understand that by accepting the terms and
conditions of this agreement you shall be bound by Registry policies and any pertinent
rules or policies that exist now or in the future and which are posted on the Registry
website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry’s site on a regular basis. In the
event that you do not wish to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation. Additional policies,
including transfer procedures and "netiquette" rules may be found at http://www.nic.it/NA/index-engl.html. |
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|
(k) |
.nl Domains. In the case of a ".nl" registration, the following
terms and conditions shall apply: |
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|
(i) |
Registration Criteria. Registration of a .nl domain name is unrestricted save and
except that applicants who are not based in the Netherlands or who do not have a
registered address in the Netherlands must provide an address in the Netherlands
where written documents can be sent to the applicant and where legal summonses can
be served. |
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(ii) |
Registry Policies. You agree to be bound by the policies of the Registry including
but not limited to the Registry’s Registration Regulations. English language translations
of the Registry’s documents are provided for convenience and may be found at:
http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
You agree that, if the registration or reservation of your domain name is challenged
by a third party, you will be subject to the provisions specified by the Registry
or any court of law. The current .nl dispute resolution policy and procedures can
be found at
http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
You agree that in the event a domain name dispute arises with any third party, you
will indemnify and hold us harmless pursuant to the terms and conditions specified
by the Registry or any court of law.
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(l) |
.tv Domains. In the case of a ".tv" registration, the following
terms and conditions will apply: |
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|
(i) |
Domain Name Dispute Policy. If you reserved or registered a domain name through
us, or transferred a domain name to us from another Registrar, you agree to be bound
by the Dispute Policy that is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be found at
http://www.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize
yourself with this policy. |
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(ii) |
Policy . You agree that your registration of the .tv domain name shall be subject
to suspension, cancellation, or transfer pursuant to any ICANN or government adopted
policy, or pursuant to any Registrar or registry procedure not inconsistent with
an ICANN or government-adopted policy, (1) to correct mistakes by us or the applicable
Registry in registering the name or (2) for the resolution of disputes concerning
the domain name. You acknowledge that you have reviewed the .tv General Terms of
Service which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml and expressly agree
to the terms outlined therein.
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(m) |
.uk Domains. In the case of a .uk registration, the following terms and conditions
will apply: |
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|
(i) |
"Nominet UK" means the entity granted the exclusive right to administer
the registry for .uk domain name registrations. |
|
(ii) |
Domain Name Dispute Policy. If you reserved or registered a domain name through
us, or transferred a domain name to us from another registrar, you agree to be bound
by the Dispute Policy which is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be found at:
http://www.nominet.org.uk/disputes/. Please take the time to familiarize yourself
with this policy.
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(iii) |
Nominet UK Policy. You agree that your registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted
policy, term or condition, or pursuant to any registrar or registry procedure not
inconsistent with an Nominet UK-adopted policy, (1) to correct mistakes by a registrar
or the registry in registering the name, or (2) for the resolution of disputes concerning
the domain name. The current Nominet UK terms and conditions can be found at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration with OSAI and/or Reseller,
you will be entering into two contracts – one contract with OSAI and/or Reseller
and one contract with Nominet UK.
OSAI and your Reseller will act as agents on your behalf by submitting your application
to Nominet for you, however, you will still be entering into a direct contract between
you and Nominet UK. This is a separate contract from this agreement; may be found
at http://resellers.OSAI.com/contracts/uk/ukterms.
OSAI and Reseller must also make you aware that by accepting Nominet’s terms and
conditions you are consenting to Nominet using your personal data for a variety
of reasons. In particular, your name and address may be published as part of Nominet’s
Whois look-up service.
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(iv) |
Transfer of Ownership. Any transfer of ownership in and to a domain name registration
shall be affected in accordance with Nominet UK policies and procedures. |
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(n) |
.us Domains. In the case of a ".us" registration, the following
terms and conditions will apply: |
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|
(i) |
"DOC" means the United States of America Department of Commerce. |
|
(ii) |
".us Nexus Requirement". Only those individuals or organizations that
have a substantive lawful connection in the United States are permitted to register
for .usTLD domain names. Registrants in the .usTLD must satisfy the nexus requirement
("Nexus" or "Nexus Requirements") set out at:
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf. |
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(iii) |
Selection of a Domain Name. You certify and represent that: |
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|
(A) |
You have and shall continue to have, a bona fide presence in the United States on
the basis of real and substantial lawful contacts with, or lawful activities in,
the United States as defined in Section (ii) hereinabove;
|
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(B) |
The listed name servers are located within the United States;
|
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(C) |
The data provided in the domain name registration application is true, correct,
up to date and complete, and that you will continue to keep all of the information
provided correct, up-to-date and complete;
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(D) |
To the best of the your knowledge and belief, neither this registration of a domain
name nor the manner in which it is directly or indirectly to be used infringes upon
the legal rights of a third party; |
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(E) |
That the domain name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever;
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(E) |
You have the authority to enter into this Registration Agreement. |
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(iv) |
Domain Name Dispute Policy. If you reserved or registered a domain name through
us, or transferred a domain name to us from another registrar, you agree to be bound
by the Dispute Policy and the usDRP, as defined below, that is incorporated herein
and made a part of this Agreement by reference. Please take the time to familiarize
yourself with these policies.
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(v) |
Domain Name Disputes. 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:
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(A) |
The Nexus Dispute Policy ("Dispute Policy), available at:
http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf. The Dispute
Policy will provide interested parties with an opportunity to challenge a registration
not complying with the Nexus Requirements. |
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(B) |
The usTLD Dispute Resolution Policy ("usDRP") available at:
http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP is intended to provide
interested parties with an opportunity to challenge a registration based on alleged
trademark infringement. |
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(C) |
In addition to the foregoing, you agree that, for the adjudication of disputes concerning
or arising from use of the Registered Name, you shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction of the courts
(i) of your domicile, (ii) where OSAI is located, and (iii) the United States. |
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(vi) |
Policy. You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any OSAI, Registry Operator,
the DOC or government-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with a DOC or government-adopted policy, (1) to correct mistakes
by us or the applicable Registry in registering the name or (2) for the resolution
of disputes concerning the domain name. The Registry Operator’s policies can be
found at http://www.neustar.us/policies.
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(vii) |
Indemnity. The DOC shall be added to the parties you have agreed to indemnify in
Section 13 hereinabove. |
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(viii) |
Information. As part of the registration process, you are required to provide us
certain information and to update us promptly as such information changes such that
our records are current, complete and accurate. You are obliged to provide us the
following information:
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(A) |
Your full name, postal address, e-mail address and telephone number and fax number
(if available) (or, if different, that of the domain name holder);
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(B) |
The domain name being registered; |
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(C) |
The name, postal address, e-mail address, and telephone number and fax number (if
available) telephone numbers of the administrative contact, the technical contact
and the billing contact for the domain name;
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(D) |
The IP addresses and names of the primary nameserver and any secondary nameserver(s)
for the domain name;
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(ix) |
In addition to the foregoing, you will be required to provide additional Nexus Information.
The Nexus Information requirements are set out at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at registration, is voluntary.
Any voluntary information we request is collected for the purpose of improving the
products and services offered to you through your Reseller. |
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(x) |
Disclosure and Use of the Registration Information. You agree and acknowledge that
we will make domain name registration information you provide available to the DOC,
to the Registry Operator, and to other third parties as applicable. You further
agree and acknowledge that we may make publicly available, or directly available
to third party vendors, some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through our Whois service) or other
purposes as required or permitted by the DOC and applicable laws.
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You hereby consent to any and all such disclosures and use of information provided
by you in connection with the registration of a domain name (including any updates
to such information), whether during or after the term of your registration of the
domain name. You hereby irrevocably waive any and all claims and causes of action
you may have arising from such disclosure or use of your domain name registration
information by us.
You may access your domain name registration information in our possession to review,
modify or update such information, by accessing our domain manager service, or similar
service, made available by us through your Reseller.
We will not process data about any identified or identifiable natural person that
we obtain from you in a way incompatible with the purposes and other limitations
which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from you
from our loss, misuse, unauthorized accessor disclosure, alteration or destruction
of that information.
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33. WHOIS PRIVACY SERVICE. The following terms and conditions will apply
if you subscribe to the Whois Privacy Service:
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(a) |
Subscribers to the Whois Privacy Service have elected to include the following information
in the publicly available Whois Registry: |
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(i) |
Contactprivacy.com shall appear as the Registrant and Contacts name(s); |
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(ii) |
OSAI’ postal address and a OSAI assigned email address and telephone number
shall appear on behalf of the Registrant and the Contact(s);
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(iii) |
The primary and secondary nameservers shall be those designated by the Registrant;
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(iv) |
The original date of registration and the expiration of each domain name; |
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(v) |
OSAI will be identified as the registrar of record. |
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(b) |
You understand and agree that the Registrant and Contact Information that you have
provided will be kept on file. You further agree and warrant that you will ensure
that the Whois Information is true, accurate and up to date.
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(c) |
You will will retain complete control over the domain name and its registration
records and may suspend and reinstate the Whois Privacy Service at your discretion. |
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(d) |
The Whois Privacy Service may be used with both new and existing domain name registrations.
You may use the Whois Privacy Service with respect to a domain name that has been
transferred but it will only commence after the transfer has been completed. If
you wish to transfer the domain name to a different registrar,the Whois Privacy
Service must be disabled in order to initiate the transfer. |
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(e) |
We will send all obligatory renewal and transfer related messages to the Contacts
you have designated.
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(f) |
Communications Forwarding. Communications received with respect to a particular
domain name registration will be handled as follows: |
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(i) |
We will forward to you or a Contact all correspondence received by registered mail
or traceable courier. This information may be opened, scanned and emailed to you
or your Contact.. Regular postal mail will be discarded or returned to sender at
our discretion.
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(ii) |
Email correspondence will be forwarded according to the instructions of the Registrant
as they appear in our records. |
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(iii) |
A voice mail message will advise all callers that inbound messages will not be accepted;
calls will be directed to the contactprivacy.com web site where written messages
will be forwarded according to your instructions.
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(iv) |
We will only be responsible for forwarding communications where our details have
appeared in the whois and when your Whois Information is accurate, complete and
up to date. |
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(g) |
Right to Suspend and Disable. We shall have the right, at our sole discretion and
without liability to you or any of your Contacts, suspend or cancel your domain
name and to reveal Registrant and Contact Whois Information in certain circumstances,
including but not limited to the following:
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(i) |
when required by law; |
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(ii) |
in the good faith belief that disclosure is necessary to further determination of
an alleged breach of a law; |
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(iii) |
to comply with a legal process served upon OSAI |
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(iv) |
to resolve any and all third party claims including but not limited to ICANN’s or
a Registry’s dispute resolution policy; |
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(v) |
to avoid financial loss or legal liability |
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(v) |
to avoid financial loss or legal liability |
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(vi) |
if we believe that you or one of your Contacts is using the Whois Privacy Service
to conceal involvement with illegal, illicit, objectionable or harmful activities;
or
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(vii) |
to transmit SPAM, viruses, worms or other harmful computer programs. |
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(h) |
You understand and agree that, in the event that we receive a formal complaint,
notice of claim or UDRP, that we will have the right to disable the Whois Privacy
Service pending final disposition of the matter. |
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ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
