Domain Registration Agreement

This Domain Registration Agreement (“Registration Agreement”) is between SiteDart Hosting (“we,” “us,” or “SiteDart Hosting”), as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here, and you, the person or entity registering a domain or domains through SiteDart Hosting. By using SiteDart Hosting’s domain registration services (the “Services”), you agree to be bound by this Registration Agreement. Please read this agreement carefully.

We may modify, add, or delete portions of this Registration Agreement at any time. In such event, we will post a notice that we have made significant changes to this Registration Agreement on the SiteDart Hosting website for at least 30 days after the changes are posted and will indicate at the bottom of this Registration Agreement the date these terms were last revised. Any revisions to this Registration Agreement will become effective the earlier of (1) the end of such 30-day period or (2) the first time you access or use the Services after such changes. If you do not agree to abide by this Registration Agreement, you are not authorized to use or access the Services.

You acknowledge and agree that SiteDart Hosting may modify this Registration Agreement with or without notice in order to comply with any terms and conditions set forth by ICANN (“Internet Corporation for Assigned Names and Numbers”) and/or the applicable registry administrators (“Registry Administrators”) for the top level domains (“TLD”) or country code top level domains (“ccTLD”).

Our Services

Your domain registration will be effective upon occurrence of all of the following:

  1. You accept all terms and conditions of this Registration Agreement, the Terms of Service, Privacy Policy and Acceptable Use Policy;
    1. SiteDart Hosting delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.
    2. SiteDart Hosting receives payment of the registration, renewal and reinstatement fees, as applicable; and
    3. SiteDart Hosting accepts (in its sole discretion) your domain registration application;

​Limitation of Liability

You understand that SiteDart Hosting does not control all aspects of the domain registration process. For example, once you submit a domain registration, SiteDart Hosting forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. SiteDart Hosting disclaims, and you agree, that SiteDart Hosting is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrator. SiteDart Hosting will not be held liable, nor refund a domain name registration due to spelling errors/typos.

​Multiple Domain Registrations

SiteDart Hosting, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.

Fees

  1. Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until we receive your payment of any administrative fees and/or chargeback fees in the amount of $25. In SiteDart Hosting’s sole discretion, we may reinstate your services, subject to SiteDart Hosting’s receipt of the non-domain registration fee and any administrative and/or chargeback fees described above.
  2. Credit card charge-backs for domain registrations. In the event of a charge-back to SiteDart Hosting by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to SiteDart Hosting, as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. SiteDart Hosting also reserves the right to lock your account and the remainder of your domains until we receive your payment of any administrative fees and/or chargeback fees in the amount of $25. In SiteDart Hosting’s sole discretion, we may reinstate your domain registration, subject to SiteDart Hosting’s receipt of the registration fee and any administrative and/or chargeback fees described above.
  3. Reservation of right to modify fees. SiteDart Hosting reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days’ notice, for any reason, at its sole discretion.
  4. Payment of fees as a condition to domain registration. As consideration for the domain registration service provided by SiteDart Hosting, you agree to pay SiteDart Hosting, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.
  5. Required Domain Registration Information
    1. Registration information. As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the “Registration Information”):
      1. The domain registrant’s name and postal address;
      2. The domain being requested;
      3. Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain; and
      4. Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain; and
      5. Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.
    2. Additional registration information. In addition, in accordance with ICANN policies, SiteDart Hosting is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, “Additional Registration Information”):
      1. The original creation date of the domain registration;
      2. The submission date and time of the registration to us and by us to the proper registry;
      3. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
      4. Account records for your domain registration, including dates and amounts of all payments and refunds;
      5. The IP addresses of the primary nameserver and any secondary nameservers for the domain;
      6. The corresponding names of those nameservers;
      7. The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;
      8. The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain;
      9. The expiration date of the registration; and
      10. Information regarding all other activity between you and us regarding your domain registration and related services.
    3. Use of Registration Information and Additional Registration Information. You agree and acknowledge that SiteDart Hosting will make available the Registration Information and the Additional Registration Information to ICANN; to other third party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that SiteDart Hosting may or must make available to the public or to private entities, and the manner in which such information is made available. Further, 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 (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.
    4. Information updating and accuracy obligations. As a condition to continued registration of your domain, you must provide us with updated Registration Information within seven (7) days of any changes to such information. You may review, modify or update your Registration Information by accessing SiteDart Hosting’s domain manager service, domain management console or similar service, made available at our website. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Registration Agreement and we may in our sole discretion cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiry by SiteDart Hosting concerning the accuracy of the Registration Information or to contact SiteDart Hosting immediately upon discovery of any willful inaccuracy (including, e.g., phone number listed as 000-0000) associated with your domain registration shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your domain registration. You further represent that you have obtained consent from any third-party individuals whose personal data you have provided as Registration Information.
    5. Information requirements for renewals. Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.
    6. Ownership of data. You agree and acknowledge that SiteDart Hosting owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database (“Domain Database”), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that SiteDart Hosting may use the following information for those domain registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information SiteDart Hosting generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. SiteDart Hosting does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. SiteDart Hosting agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.
    7. Registrar Verification. You understand and agree that Registrar is required to verify the Registered Name Holder’s email address within 15 days of any registration, transfer, or change to the Registered Name Holder’s contact information. The Domain Name Holder’s failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

      In addition, you understand and agree that Registrar is required to verify any changes to any WHOIS contact information within 15 days of any change. The Domain Name Holder’s failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

  6. Domain Privacy Service
    1. If you purchased domain privacy services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by SiteDart Hosting as determined in its sole discretion (the “Private WHOIS Contact Information”).
    2. Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.
    3. The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. SiteDart Hosting may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.
    4. Notwithstanding anything to the contrary, you agree that SiteDart Hosting may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize SiteDart Hosting to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that SiteDart Hosting is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, SiteDart Hosting will NOT forward “junk” mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize SiteDart Hosting to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by SiteDart Hosting.
    5. If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
    6. Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search
    7. SiteDart Hosting expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:
      1. To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;
      2. To comply with ICANN’s Uniform Domain Name Dispute Resolution Policy;
      3. To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party’s trademark, trade name, or other legal rights;
      4. In the event you breach any provision of this Registration Agreement or any other agreement you’ve entered into with SiteDart Hosting, including, but not limited to, the Terms of Service;
      5. To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;
      6. To avoid any financial loss or legal liability (civil or criminal) on the part of SiteDart Hosting, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;
      7. To prevent inappropriate activity that comes to SiteDart Hosting’s attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.
    8. Pursuant to paragraph 3.7.7.3 of ICANN’s Registrar Accreditation Agreement (“RAA”), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.
  7. Domain Parking
    1. Upon registration, the domain will be automatically placed on name servers provided by SiteDart Hosting, and Internet users that type in the domain will be redirected to a “coming soon” page (collectively, “parking a domain” or a “parked domain”). There is no charge for parking a domain. You hereby consent to and authorize SiteDart Hosting’s placement of a “coming soon” page, and its associated contents, on your parked domain. You may change the name server configuration (or “un-park” the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with SiteDart Hosting until you modify the name servers after the domain registration is complete, using your account manager.
    2. In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an “expired” page (collectively, “parking a domain” or a “parked domain”). There is no charge for the parked domain. By not renewing the domain, SiteDart Hosting may place an “expired” page, and its associated contents, on the parked domain. You may change the name server configuration (or “un-park” the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with SiteDart Hosting until you modify the name servers after the domain renewal is complete, using your account manager.
    3. The “coming soon” and/or “expired” pages may contain advertisements and other materials selected by SiteDart Hosting, in SiteDart Hosting’s sole discretion. This may include, but is not limited to third-party websites, third-party product and service offerings, and/or Internet search engines. SiteDart Hosting reserves the right to collect and retain all revenue obtained from such advertising and other materials.
    4. 404 Error Page. In the event you fail to configure a 404 error page, a default 404 error page will be configured by SiteDart Hosting to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize SiteDart Hosting’s placement of a default 404 error page and its associated content on your website. SiteDart Hosting’s 404 error page may contain advertisements and other materials selected by SiteDart Hosting in SiteDart Hosting’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. SiteDart Hosting reserves the right to collect and retain all revenue obtained from such advertising and other materials.
    5. DNS Wildcard. In the event you utilize SiteDart Hosting’s DNS management services and fail to configure a wildcard DNS for your domain, SiteDart Hosting may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. SiteDart Hosting may point those subdomains to a web page that may contain advertisements and other materials selected by SiteDart Hosting in SiteDart Hosting’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.
  8. Registration Renewal
    1. Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. SiteDart Hosting shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.
    2. You may be notified at SiteDart Hosting’s sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew.
  9. Autorenewal. You agree that if you paid for any services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize but do NOT obligate, SiteDart Hosting to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to SiteDart Hosting, unless you notify SiteDart Hosting that you do not wish to participate in SiteDart Hosting’s automatic renewal process. SiteDart Hosting must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days prior to the renewal date. In the absence of such notification from you, SiteDart Hosting will automatically renew, for a period of one (1) or two (2) years, as set forth by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is up for renewal and will charge the credit card or payment service account you have on file with SiteDart Hosting, at SiteDart Hosting’s then current rates. You are solely responsible for the credit card or other payment information you provide to SiteDart Hosting and must promptly inform SiteDart Hosting of any changes thereto (e.g., change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for a failure to renew and SiteDart Hosting shall not be liable for your failure.
    1. New customers through domain auction or brokerage partners and/or ED Transfers. If you are registering a domain name that was registered with, and not yet deleted by, SiteDart Hosting at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any previous transfer.
    2. Expired domain names. You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer (“ED Transfer”).
    3. Domain Dispute Resolution PolicyYou agree to be bound by the appropriate domain dispute resolution policy (“Dispute Policy”) applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold SiteDart Hosting harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain (“SLD”) name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder’s domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN’s Uniform Rapid Suspension (“URS”) and to submit to any proceedings commenced pursuant to the URS, if applicable.
  10. Change of Registrant Of Domains
    1. Transfer of registration to another registrant. The entity or person named as the “registrant” at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, SiteDart Hosting reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurance as determined by SiteDart Hosting in its sole discretion) and actual payment of the transfer fee, if any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without paying SiteDart Hosting the amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.
    2. When changing the name of registrant within SiteDart Hosting, you agree that at SiteDart Hosting’s discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or such reasonable time as determined at SiteDart Hosting’s discretion) by registrant that was listed immediately prior to change or in the event of suspected fraud in connection with the change of the registrant name as determined by SiteDart Hosting in its sole discretion.
    3. Transfer of registration to or from another registrar. When transferring a domain name into SiteDart Hosting as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by SiteDart Hosting in its sole discretion. At the time of transfer into SiteDart Hosting, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. SiteDart Hosting may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.
    4. Restrictions on transfer. You agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into SiteDart Hosting. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to SiteDart Hosting for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by SiteDart Hosting to effect the transfer. Your request to transfer to another registrar may be denied in situations described in the applicable Dispute Policy, including, but not limited to, a dispute over the identity of the domain holder, bankruptcy, and default in the payment of any fees.
    5. Transfer Lock. You agree that SiteDart Hosting may, but is NOT obligated to, automatically opt your domain name into its Transfer Lock service to help protect against unauthorized transfers (applicable for .com and .net domain names). SiteDart Hosting does NOT warranty NOR guarantee the service will prevent any unauthorized transfer of domain name(s). You may log in to your account and disable this service at anytime if you do not wish to use the service. SiteDart Hosting will NOT be liable for any inconvenience this may cause you to properly transfer your domain. You are solely responsible for a failure to transfer the domain. SiteDart Hosting shall not be liable for your failure.
    6. Agents and Licensing You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at SiteDart Hosting’s discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.
  11. Representations and Warranties In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Registration Agreement, and (b) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.
  12. Indemnification
    1. Indemnification of SiteDart Hosting. You will indemnify, hold harmless, and defend SiteDart Hosting and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”) from any and all Claims. “Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs)), which arises out of: (a) your breach of this Registration Agreement or any of SiteDart Hosting’s policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this Section 13 includes without limitation fees and costs incurred to interpret or enforce this Section 13. SiteDart Hosting may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. SiteDart Hosting will provide you with reasonably prompt notice of any Claim.
    2. Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.
    3. These indemnification obligations shall survive the termination or expiration of this Registration Agreement.
  13. Warranty Disclaimer; Limitation of Liability
    1. Disclaimer of warranty. SiteDart Hosting MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, SiteDart Hosting MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
    2. Limitation of liability. YOU AGREE THAT SiteDart Hosting AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND SiteDart Hosting’s OR ANY OF SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. SiteDart Hosting AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE LIABLE FOR 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 SiteDart Hosting OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SiteDart Hosting’s OR ANY OF SUCH INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.
  14. Term and Termination
    1. Term. The term of this Registration Agreement commences on the day you accept this Registration Agreement to the day until the occurrence of any of the following: (a) your domain registration is cancelled; (b) your domain is transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 15.c, below) (collectively, “Termination”). Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this Registration Agreement shall survive any such expiration or termination.
    2. Domain suspension, cancellation or transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, “Cancellation”) (a) to correct mistakes by SiteDart Hosting, another registrar, or a Registry Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing anyone else’s rights, prior to registration. If the domain name you have registered is found to be infringing on another person’s rights, determined in SiteDart Hosting’s discretion, SiteDart Hosting has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund. You also agree that SiteDart Hosting shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after such time as SiteDart Hosting receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.
    3. Termination. SiteDart Hosting reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by SiteDart Hosting; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you otherwise violate this Registration Agreement as determined by SiteDart Hosting in its sole discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
    4. Survival. The following provisions will survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15 and 16.
  15. Additional Terms
    1. Personal Data. SiteDart Hosting incorporates its Privacy Policy by reference. Please read our Privacy Policy by CLICKING HERE. In addition, you hereby represent that you have provided SiteDart Hosting’s Privacy Policy to any person whose personal data you disclose to SiteDart Hosting and that you have obtained their consent to the foregoing.
    2. Governing law; jurisdiction. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Registration Agreement, your rights and obligations and all actions contemplated by this Registration Agreement shall be governed by the laws of the State of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Registration Agreement. Any suit, action or proceeding concerning this agreement must be brought in a state court located in Middlesex County, Massachusetts or a federal court located in Suffolk County, Massachusetts. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
    3. Notices. You agree that any notices required to be given under this Registration Agreement by SiteDart Hosting to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
    4. Relationship. SiteDart Hosting and you are independent contractors and nothing contained in this Registration Agreement places SiteDart Hosting and you in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
    5. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Registration Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
    6. Severability. If any provision or portion of any provision of this Registration Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
    7. Assignment. You may not assign or transfer this Registration Agreement or any of your rights or obligations hereunder, without the prior written consent of SiteDart Hosting and/or without using the SiteDart Hosting domain transfer process in compliance with ICANN’s policies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. SiteDart Hosting may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Registration Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that SiteDart Hosting may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.
    8. Intellectual property. Except for your Content (as defined above), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, ” SiteDart Hosting Content”), are the proprietary property of SiteDart Hosting. No SiteDart Hosting Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purposes in any form or by any means, in whole or in part, other than as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any SiteDart Hosting Content. Any use of the SiteDart Hosting Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the services and the SiteDart Hosting Content granted herein. All rights of SiteDart Hosting or its licensors that are not expressly granted in this Registration Agreement are reserved to SiteDart Hosting and its licensors.
    9. Entire agreement. This Registration Agreement, and the attachments and documents referenced herein, including but not limited to the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and SiteDart Hosting, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.

APPENDIX 1.

ADDITIONAL REGISTRY REQUIREMENTS

Listed below are additional contractual requirements that you the registrant must agree to should you desire to register a domain in these registries.

    1. .INFO. Should you seek to register a .INFO second level domain, you must agree to be bound by the following terms:
      1. Registrant consents to the use, copying, distribution, publication, modification, and other processing of Registered Domain Holder’s Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.
      2. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domains registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.
      3. Registrant agrees to immediately correct and update the registration information for the Registered Name during registration term for the Registered Name, failure to correct this information shall constitute a breach of this Registration Agreement.
      4. 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: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
      5. Registrar and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and Afilias also reserve the right to freeze a domain during resolution of a dispute.
    2. .BIZ. Should you seek to register a .BIZ second level domain, you must agree to be bound by the following terms:
      1. BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions (“Restrictions”), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain 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.

Registering a domain solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation shall not constitute a “bona fide business or commercial use” of that domain.

      1. BIZ CERTIFICATION. As a .biz domain registrant, you hereby certify to the best of your knowledge that:
        1. The registered domain will be used primarily for bona fide business or commercial purposes and not:
          1. exclusively for personal use; or
          2. solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain 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 registrant has the authority to enter into the registration agreement; and
        3. The registered domain is reasonably related to the registrant’s business or intended commercial purpose at the time of registration.
      2. PROVISION OF REGISTRATION DATA.
        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. your full name, postal address, e mail address, voice telephone number, and fax number if available;
          2. the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
          3. the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain;
          4. the corresponding names of those nameservers;
          5. the full name, postal address, email address, voice telephone number, and fax number if available of the technical contact for the domain;
          6. the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain;
          7. the name, postal address, email address, voice telephone number, and fax number if available of the billing contact for the domain; and
          8. any remark concerning the registered domain that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Registration Agreement.
        2. Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain concerning the accuracy of contact details associated with any registration(s) or the registration of any domain(s) registered by or through you or your account, shall constitute a breach of this Registration Agreement. 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(s) and for the purposes of this Registration Agreement and as required or permitted by the ICANN Registration Agreement or any ICANN/Registry Policy.
        3. DOMAIN DISPUTE POLICY. If you reserved or registered a .biz domain through us, you agree to be bound by our current domain dispute policy that is incorporated herein and made a part of this Registration Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Registration Agreement:
          1. The Uniform Domain Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
          2. The Start-up Trademark Opposition Policy (“STOP”), available at http://www.neulevel.com/countdown/stop.html; and
          3. 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 (“Registrant”) with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain 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 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 registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain 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 is being used primarily for business or commercial purposes or that a domain is being used in compliance with the SUDRP or UDRP processes.

        1. DOMAIN DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our website at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Registration Agreement. We will not refund any fees paid by you if you terminate your Registration Agreement with us.
        2. DOMAIN DISPUTES. You agree that, if your use of our domain registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Registration Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain registration services, you agree not to make any changes to your domain record without our prior approval. We may not allow you to make changes to such domain record until:
          1. we are directed to do so by the judicial or administrative body; or
          2. we receive notification by you and the other party contesting your registration and use of our domain 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 registration services, we may deposit control of your domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.
        3. RESERVATION OF RIGHTS. SiteDart Hosting and the .biz Registry Operator, NeuLevel expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of SiteDart Hosting and/or NeuLevel, as well as their affiliates, subsidiaries, officers, directors and employees. SiteDart Hosting and NeuLevel also reserve the right to freeze a domain during resolution of a dispute.
    1. .NAME. Should you seek to register a .NAME second level domain, you must agree to be bound by the following terms:
      1. Eligibility Requirements. You represent and warrant that every registration you are applying for in the .name TLD satisfies the eligibility requirements (“Eligibility Requirements”) established by Global Name Registry Ltd., the registry for the .name TLD, which are available at the following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
      2. Dispute Resolution Policies. You agree that every service for which you register is subject to the Uniform Domain Dispute Resolution Policy (the “UDRP”) and the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), which are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm. Without limiting the foregoing, you agree that:
        1. every Defensive Registration is subject to challenge pursuant to the ERDRP;
        2. if a Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registration Holder will pay the challenge fees;
        3. if a challenge to a Defensive Registration is successful, the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registration Holder’s other Defensive Registrations; and
        4. if a Phase I Defensive Registration (as defined by the .name registry) is successfully challenged on the basis that it does not meet the applicable eligibility requirements, the Defensive Registration Holder will thereafter be required to demonstrate, at its expense, that it meets the eligibility requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .name through any registrar. In the event the Defensive Registration Holder is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s)will be cancelled.
      3. Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that neither the .name registry nor VeriSign shall have any liability of any kind for any loss or liability resulting from:
        1. the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Registered Name, a second-level domain email address registration (an “SLD Email Address”), a Defensive Registration, or a NameWatch Registration using the services provided by VeriSign or the .name registry; or
        2. any dispute over any Registered Name, SLD Email Address, Defensive Registration or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.
    2. .MOBI – Should you seek to register a .MOBI second level domain, you must agree to be bound by the following terms:
      1. Provide current, accurate and complete information in connection with the registration of the Domain Name and its creation, launch, and operation of the website, including but not limited to information required for the purposes of the WHOIS record.
      2. Indemnify to the maximum extent permitted by law, defend and hold harmless the .MOBI Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration and or use, and this indemnification obligation survives the termination or expiration of the registration agreement;
      3. Indemnify, defend and hold harmless .MOBI Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration and or use, and this indemnification obligation survives the termination or expiration of the registration agreement;
      4. Acknowledge and agree that notwithstanding anything in this Registration Agreement to the contrary, mTLD Top Level Domain Ltd. (“dotmobi”), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Registration Agreement in agreeing to SiteDart Hosting being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Registration Agreement.
      5. Comply with ICANN requirements, standards, policies, procedures, and practices for which the .MOBI Registry Operator has monitoring responsibility in accordance with the Registry Registration Agreement or other arrangement with ICANN;
      6. Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the .MOBI Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or domain registrants, and consistent with the Registry Registration Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;
      7. Consent to the use, copying, distribution, publication, modification and other processing of your Personal Data by dotmobi, the .MOBI Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract and with relevant mandatory local data protection, laws and privacy;
      8. Submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”);
      9. Immediately correct and update the registration information for the registered .MOBI Name during the registration term for the .MOBI Registered Name;
      10. Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation:
        1. the ability or inability of a registrant to obtain a Registered Name during these periods, and
        2. the results of any dispute made during the limited industry launch or over a Sunrise Registration.
      11. Acknowledge and agree that the .MOBI Registry and .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion:
        1. to protect the integrity and stability of the registry;
        2. to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process;
        3. to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;
        4. for violations of the terms and conditions herein; or
        5. to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.
      12. Acknowledge and agree that you must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi ) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi ) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.
      13. Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.
      14. Acknowledge that if the domain name being registered is a dotMobi Premium Name, as such are listed at http://mtld.mobi/domain/premium, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Registration Agreement (formerly known as the dotMobi Auction Registration Agreement) posted at http://mtld.mobi/node/1135, which is incorporated by reference herein.
      15. Acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Registration Agreement in accordance with the terms thereof, (i) any and all rights of Company to the Registration of the Domain Name, the Registration Code, and/or to create, launch, and/or operate the Website shall be terminated, and all such rights shall revert to mTLD and (ii) mTLD may grant Registration rights to the Domain Name and/or rights to the Registration Code to any entity or person in its sole discretion, and Company shall have no rights or recourse against mTLD and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person.
    3. .AERO. With respect to any registration of a .AERO domain name, you agree to the following terms:
      1. Registrar’s agency

The Registrar acts as agent for the Registry Operator and the Sponsor for the sole purpose, and only to the extent necessary, to enable the Registry Operator and the Sponsor to receive the benefit of rights and covenants conferred on each of them under this agreement.

      1. Terminology
        1. Domain name means the .aero domain name registered by the Registrant.
        2. Policy means the .aero Domain Name Management policy, which can be viewed at http://www.information.aero/index.php?id=15.
        3. Registrant means an applicant for, or licensee of, a domain name.
        4. Registrar means SiteDart Hosting.
        5. Registry Operator means SITA Information Networking Computing BV, a Netherlands corporation with its place of business at Heathrowstraat (Sloterdjik), 1043Ch Amsterdam, The Netherlands, the person responsible for administering the .aero domain name registry.
        6. Sponsor means Societe Internationale de Telecommunications Aeronautiques, a Belgian co-operative corporation registered with the Belgian Registrar of companies number B 217.548., the Sponsor of the .aero domain name.
      2. Warranty

Registrant warrants that:

        1. to the best of Registrant’s knowledge and belief, neither its registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party; and
        2. the domain name complies with the Policy. Breach of this warranty will constitute a material breach of this Registration Agreement.
      1. Provision of registration data

As part of the registration process, Registrant is required to provide certain information and agrees to update this information to keep it current, complete and accurate. This information includes:

        1. Registrant’s full name, postal address, email address, voice telephone number, and fax number if available;
        2. the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation;
        3. the names of the primary nameserver and any secondary nameserver(s) for the domain name;
        4. the full name, postal address, email address, voice telephone number, and fax number if available of the technical contact for the domain name;
        5. the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; and
        6. the name, postal address, email address, voice telephone number, and fax number if available of the billing contact for the domain name.
      1. Inaccurate or unreliable data

Registrar represents and warrants that the data provided in the domain name registration application is true, correct, up to date and complete and that Registrant will continue to keep all the information provided up to date. Registrant’s willful failure promptly to update information provided, or any failure to respond for over 15 calendar days to inquiries by the Registrar, the Registry Operator and the Sponsor addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through the Registrant, shall constitute a breach of this agreement and be a basis for cancellation of the domain name.

      1. Use of information

Registrant acknowledges that information provided by the Registrant will be:

        1. transmitted to the Registry Operator for registry use;
        2. publicly available as required by ICANN; and
        3. used by the Registrar, the Registry Operator and the Sponsor for inclusion in registers and data bases produced by them or their licensees.
      1. Correction of data

Registrant may access data provided and rectify any incorrect data relating to Registrant through a login and password provided by Registrar (if available) or by making requests to Registrar’s customer support group.

      1. Consent

Registrant consents to the use of the information provided by it for the purposes set out in clause 6. If Registrant does not consent to the use of the information for the purposes set out in clause 6(c), then the Registrant must provide non consent verification stating the name and address of the Registrant and signed by an appropriate authorized individual. This must be sent to SiteDart Hosting, 10 Corporate Drive, Suite 300, Burlington, MA 01803, Attn: Legal Department.

      1. Notice to third parties
        1. it has provided, or will provide, to each third party individual whose personal details the Registrant has provided to Registrar, the same information about use of those details as set out in clauses 6, 7 and 8; and
        2. each third party individually has consented to use of their personal data for the purposes set out in this agreement.
      2. Use of information

The Registrar, the Registry Operator and the Sponsor will not process information in a manner incompatible with the purposes and limitations set out in clauses 6 and 7 of the Registrar Registration Agreement.

      1. Reasonable precautions

The Registrar, the Registry Operator and the Sponsor will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorized access or disclosure, alteration or destruction.

      1. Limitation of liability

To the extent permitted by law, Registrant agrees that neither the Registrar, the Registry Operator and the Sponsor have any liability to the Registrant or the Registrant’s agent for any loss Registrant may incur in connection with the processing of this agreement, the processing of any pre-registration application or application for a domain name, the processing of any authorized modification to the domain name’s record during the covered registration period, or the failure by the Registrant’s agent to pay a pre-registration or registration fee or renewal fee, or as a result of the application of the provisions of the relevant domain name dispute policy.

      1. Suspension, cancellation, transfer

Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by the Registrar or the Sponsor pursuant to any Sponsor or ICANN adopted specification or policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN adopted specification or policy:

        1. to correct mistakes by Registrar, the Registry Operator of the Sponsor in registering the domain name; and
        2. for the resolution of disputes concerning the domain name
      1. Indemnity

The Registrant agrees to indemnify, keep indemnified and hold the Registrar, the Registry Operator, the Sponsor and their directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant’s domain name registration or pre-registration, or to the Registrant’s use of the domain name.

      1. Submission to jurisdiction

For the adjudication of disputes concerning or arising from the use of the domain name, the Registrant submits, without prejudice to other potentially applicable jurisdictions, to the jurisdictions of the courts of:

        1. the Registrant’s domicile; and
        2. the place where the Sponsor is located.
      1. Domain name license

Domain Names will be registered to Registrants only for fixed periods. At the conclusion of the registration period, failure by or on behalf of the Registrant to pay a renewal fee within the time specified shall, in the absence of extenuating circumstances, result in cancellation of the registration. The domain name is personal to the Registrant, and the Registrant may not transfer or license the domain name to any other person.

      1. Changes to the Domain Name Management Policy

The Registrant acknowledges that the Policy is expected to evolve. Changes in the Policy may result in cancellation or non-renewal of the registration or a change of terms under which the registration may be maintained.

      1. Registration Agreement with policies

Registrant acknowledges that it has read and understood, and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are incorporated and made an integral part of this agreement:

        1. Uniform Domain Name Dispute Resolution Policy (“UDRP”). The UDRP applies to challenges to a registered domain name on the grounds that the domain name is identical with or confusingly similar to a trademark in which the complainant has rights, and can be viewed at http://www.icann.org/dndr/udrp/policy.htm;
        2. Charter Eligibility Dispute Resolution Policy (“CEDRP”). The CEDRP applies to challenges to registered domain names on the grounds that the Registrant set forth in the Sponsored TLD Charter, which can be viewed at http://www.icann.org/tlds/agreements/sponsored/sponsorship-agmt-att12-13oct01.htm.
        3. Rules for Charter Eligibility Dispute Resolution Policy may be viewed at http://www.information.aero/registration/policies/cedrp_rules
      1. Breach

Registrant agrees that failure to abide by any provision of this agreement or any relevant domain name dispute policy may be considered by Registrar or the Sponsor as a material breach and that Registrar or the Sponsor may provide a notice describing the breach to the Registrant. If ,within 30 days of the date of the notice, the Registrant fails to provide evidence, which is reasonably satisfactory to the Registrar or the Sponsor (as the case may be) that it has not breached its obligations, then Registrar or the Sponsor may delete Registrant’s registration of the domain name. Any such breach by a Registrant shall not be taken to be excused simply because the Registrar or the Sponsor did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile, email or other electronic means.

    1. With respect to any registration of a .COOP domain name, you agree to the following terms:
      1. You hereby enter into and agree to be bound by the terms and conditions of the Registration Agreement between DotCooperation LLC located at the following URL: http://www.nic.coop/Downloads/.
    2. .ASIA — Should you seek to register a .ASIA top level domain, you must agree to be bound by the following terms:
      1. Definitions:
        1. “Applicant” means a natural person or legal entity seeking to use the services of the Registrar and/or Pool to become a Registrant of a .asia domain name, and the Applicant Party to this Registration Agreement.
        2. “Participant” means a natural person or legal entity whose name appears on the Registry qualified Auction list, and being the Applicant, or the Applicant’s agent (e.g., the OPN Contact as defined by the Registry and/or the Registrar acting as agent for the Applicant), and who actively participates in the Auction.
        3. “Pool.com” means Pool.com, Inc., a Canadian corporation with offices at 26 Auriga Dr. Ottawa, ON, Canada, K2E 8B7, which will process the auction of .ASIA TLDs in conjunction with the Registry (“Auction”).
        4. “Registered Name Holder” means the holder of a registered domain name and for the context of the .ASIA Registry, in consideration and in compliance with the Charter Eligibility Requirement Policy, the Registered
        5. “Registrar” means SiteDart Hosting
        6. “Registry” and “DotAsia” means DotAsia Organization, Ltd.
        7. “Registry Services Provider” means Afilias Limited, a company incorporated under the laws of Ireland and having its principle offices at Office 110, 52 Broomhill Road, Tallaght, Dublin 24, its successors and assigns as delegated by DotAsia.
      2. You hereby agree to indemnify, to the maximum extent permitted by law, defend and hold harmless DotAsia, Registry Services Provider, and their directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use.
      3. You hereby agree to the ICANN requirements, standards, policies, procedures, and practices for which the .ASIA registry has monitoring responsibility in according with the Registry Registration Agreement or other arrangement with ICANN.
      4. You hereby agree to adhere to the operational standards, policies, procedures, and practices for the .ASIA Registry established from time to time by DotAsia in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Registration Agreement shall be effective upon thirty (30) days’ notice by DotAsia to Registrar.
      5. Notwithstanding anything in this Registration Agreement to the contrary, DotAsia Organization Limited (“DotAsia”), the Registry Operator of the .ASIA TLD, is and shall be an intended third-party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third-party beneficiary rights of DotAsia have vested and that DotAsia has relied on its third-party beneficiary rights under this Registration Agreement in agreeing to SiteDart Hosting being a registrar for the .ASIA TLD. Additionally, the third-party beneficiary rights of DotAsia shall survive any termination or expiration of this Registration Agreement.
      6. You hereby consent to the use, copying , distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by DotAsia and its designees and agents in a manner consistent with the purposes specified pursuant to the Registry-Registrar Registration Agreement and with relevant mandatory local data protection, laws, and privacy.
      7. You hereby agree to submit to proceedings commenced under ICANN’s Uniform Doman Name Dispute Resolution Policy (“UDRP”) (http://www.icann.org/udrp/).
      8. You hereby agree to immediately correct and update the registrant’s information for the Registered Name during the registration term for the Registered Name.
      9. You hereby agree to submit to proceedings commenced under ICANN’s Charter Eligibility Dispute Resolution Policy (“CEDRP”) (http://www.icann.org/udrp/cedrp-rules.html).
      10. You hereby acknowledge and agree to comply with the .ASIA Charter Eligibility Requirement, including the following provision: “The Registrant Contact represents and warrants that it has 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 Dot Asia Organization 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.”

    1. You hereby agree to be bound by the terms and conditions in the initial launch and general operations of the Registry TLD, including without limitation the Start-Up Policies (as set forth by DotAsia at http://policies.registry.asia) where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.
    2. You hereby agree that DotAsia and Registry Services Provider, acting in consent with DotAsia, reserve the right to deny , cancel or transfer any registration that they deems necessary, in their sole discretion:
      1. to protect the integrity, security, and stability of the registry;
      2. to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process;
      3. to avoid any liability, civil or criminal, on the part of DotAsia as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;
      4. for violations of the terms and conditions herein; or
      5. to correct mistakes made by DotAsia, the Registry Services Provider, or any registrar in connection with a domain name registration. DotAsia also reserves the right to freeze a Registered Name such as placing a domain name on hold, lock, or other status during the resolution of a dispute.
    3. You hereby agree to submit to proceedings commenced under other dispute policies as set forth by DotAsia from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts, or other competent claimants in the purpose of upholding the stability, security, and integrity of the .ASIA Registry.
    4. Applicant agrees that any and all actions taken by the Participant are actions taken on the Applicant’s behalf, and with its full authority, and it ratifies any and all such actions.
    5. Applicant and Registrar acknowledge and agree that this Registration Agreement is intended to be for the benefit of Pool and the Registry. For the avoidance of doubt, Applicant and Registrar acknowledge and agree that this Registration Agreement in no fashion binds or obligates Pool or the Registry.
    6. DISCLAIMER OF WARRANTY RELATING TO POOL. APPLICANT ACKNOWLEDGES AND AGREES THAT THE POOL SERVICES ARE PROVIDED “AS IS,” AND THAT POOL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT OR EFFECTIVENESS OF SUCH POOL SERVICES OR THAT ANY OF SUCH POOL SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS HAVE OR WILL BE CORRECTED, OR THAT SUCH POOL SERVICES WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, POOL DISCLAIMS ALL WARRANTIES OF REASONABLE SKILL OR CARE. IN NO EVENT WILL POOL BE LIABLE TO REGISTRAR OR PARTICIPANT FOR ANY FAILURE, DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR OTHER NON-PERFORMANCE OF THE POOL SERVICES. POOL’S SOLE LIABILITY, AND REGISTRAR’S SOLE REMEDY, WITH RESPECT TO SUCH WARRANTY WILL BE POOL’S OBLIGATION TO CORRECT ERRORS WITH A LEVEL OF EFFORT COMMENSURATE WITH THE SEVERITY OF THE ERROR.
    7. LIMITATION OF LIABILITY RELATING TO POOL. IN NO EVENT WILL POOL’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FROM ANY CAUSE EXCEED $ 100.00. IN ADDITION, IN NO EVENT WILL POOL, ITS AFFILIATES, OR EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES OR LOSS OF PROFITS), EVEN IF POOL, ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO POOL SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. POOL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING POOL SERVICES TO THE REGISTRAR OR ANY OTHER PERFORMANCE UNDER THIS AGREEMENT, INCLUDING DELAYS IN TRANSMISSION OF DATA.
    8. INDEMNITY RELATING TO POOL. Applicant will defend, indemnify and hold Pool, its officers, directors, employees, agents and successors harmless against any liability, or any litigation cost or expense (including reasonable attorneys’ fees), arising out of acts or omissions of the Applicant’s and/or the Registrar’s agents or employees, breach of any provisions of this agreement, or operation of the Applicant’s and/or Registrar’s business. Pool will provide the Applicant and Registrar with written notice of such claim. Applicant will not enter into any settlement or compromise of any claim subject to indemnification under this clause, without Pool’s prior written permission, which permission shall not be unreasonably withheld or delayed.
  1. .ME — Should you seek to register a .ME top level domain, you must agree to be bound by the following terms:
    1. You shall comply with all registry policies and all other standards, policies, procedures, and practices which the Montenegrin government requires the .me registry to implement in accordance with the Registry Registration Agreement or otherwise.
    2. You shall comply with all operational standards, policies, procedures, and practices for the .me registry system established from time to time by the .me registry.
    3. You shall consent to the use, copying, distribution, publication, modification, and other processing of the registrant’s personal data by the .me registry and its designees and agents in a manner consistent with the purposes of the .me Registry-Registrar Registration Agreement.
    4. You shall submit to proceedings comments under any dispute policy implemented by the .me registry, including, without limitation, the Domain Name Dispute Resolution Policy (“DRP”) referenced on the .me registry’s website at www.domain.me.
    5. You shall agree to be bound by the terms and conditions of the initial launch and general operation of the .me TLD, including, without limitation, the sunrise and land rush periods, and the corresponding dispute resolution policies.
    6. You acknowledge the .me registry has no liability of any kind for any loss or liability resulting from the proceedings and processes related to the sunrise or land rush periods, including, without limitation: (a) the ability or inability to obtain a .me registered domain name during these periods; and (b) the results of any dispute procedures.
    7. You acknowledge and agree that the .me registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain names(s) on registry lock, hold, or similar status, that it deems necessary, in its sole discretion to (b) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of the .me registry, as well as its owners, affiliates, subsidiaries, officers, directors, and employees for violations of any policies, terms, or conditions established by the .me registry, including, without limitation, the .me registry policies; and (d) to correct mistakes made by the .me registry or Registrar in connection with a domain name registration. The .me registry also reserves the right to place a domain name on registry, lock, hold, or similar status during resolution of a dispute proceeding.
    8. You shall submit to proceedings commenced under other dispute policies as set forth by the .me registry from time to time, including, but not limited to, expedited processes for suspension of a domain name by claims brought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security, and integrity of the .me registry system for the .me top level domain.
    9. You hereby agree to indemnify, to the maximum extent permitted by law, defend and hold harmless doMEn, d.o.o., and its owners, subsidiaries, affiliates, subcontractors, and agents, and their respective directors, officers, employees, affiliates, and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use.
  2. .TEL — Should you seek to register a .TEL top level domain, you must agree to be bound by the following additional terms:
    1. Definitions:
      1. “Delegated Zone” means administrative units of the DNS as defined in RFC 1034. Delegated Zones are autonomous units of the Registry TLD name space that are under the control of a registrant, delegated to them and usually managed by a TelHosting Provider.
      2. “Domain Name Holder” means an individual, organization or company holding a domain name registration.
      3. “Personal Data” means personal data about any identified or identifiable natural person, and any data that is “Personal Data” for the purposes of the Data Protection Act 1998 (UK).
      4. “Registrar” means SiteDart Hosting
      5. “Registry” and “Telnic” means Telnic Limited.
      6. “Registry TLD” means the .tel top level domain.
      7. “Resource Records” means a data element or set of data elements as defined in RFC 1034 that are stored in a Delegated Zone.
      8. “Services” means the delegate zone provisioning and DNS hosting services for domain names provide by Telnic.
      9. “Sponsoring Organization” means the entity responsible for the policies and deployment principles of the Registry TLD. As of October 6, 2008, the Sponsoring Organization is the Registry.
      10. “Telhosting Provider” means a provider of Delegated Zone provisioning and DNS hosting service for Resource Records in the Registry TLD.
      11. “TLD Requirements” means the requirements, standards, policies and procedures for the Registry TLD that are adopted by the Registry and/or the Sponsoring Organization, as may be properly amended or modified from time to time.
    2. Responsibility for Content. Domain Name Holder is solely and fully responsible for all information, data and text (“Content”) provided in connection with the domain name. The Registrar, its service providers and designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content.
    3. Use of Information. Domain Name Holder agrees to provide updated, current Content. If Domain Name Holder provides information about a third party or employer, Domain Name Holder hereby represents and warrants that it has (a) provided notice to that third party of the disclosure and use of that third party’s information in connection with the domain name, and (b) obtain that third party’s express consent to the disclosure and use of that third party’s information. Domain Name Holder expressly consents to the use of the Content by Telnic and its service providers to provide the Services, to conduct analyses related to the Services, and as otherwise described in Telnic’s posted privacy policy (http://telnic.com/legal.html).
    4. Prohibited Activities Domain Name Holder will not use the Services or provide Content which could (a) violate any applicable local, state or national law, (b) give rise to criminal, civil or other liability to the Registrar, its service provider or designees, or (c) damage the reputation of the Registrar, its service provider or designees.
    5. Reservation of Rights Registrar and/or its service providers reserve the right to withhold or suspend services as it deems necessary in its sole discretion: (a) to protect the integrity and stability of the Registry, (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on their part, as well as on the part of their affiliates, subsidiaries, officers, directors, and employees; (d) for violations of this Registration Agreement, including, without limitation, the exhibits hereto; (e) to correct mistakes in connection with a domain name registration; (f) to enforce the TLD Requirements; and (g) to prevent use of the domain name in a manner contrary to the intended purpose of the Registry TLD. Registrar and/or its service providers also reserve the right to suspend the provision of the Services during resolution of a dispute.
    6. Representations and Warranties. By submitting a request for a domain name, Domain Name Holder represents and warrants that:
      1. to its knowledge, neither the Content nor the registration of the requested domain name infringes, or will infringe in the future, upon or otherwise violate the rights of any third party;
      2. it is not submitting the request for a domain name, nor does it intend to use the Content, for any unlawful purposes;
      3. it will not knowingly submit Content or use the domain name in violation of any applicable laws or regulations or of the rights of any third parties; and
      4. it will use the domain name in accordance and otherwise comply with the TLD Requirements.
    7. Communication with Domain Name Holder. Domain Name Holder hereby agrees that Telnic shall have the right to communicate directly with the Domain Name Holder in connection with any issue relating to a domain name and the Domain Name Holder’s membership of the .tel community. The Domain Name Holder will respond promptly to such communications from Telnic and will resolve any errors in Content notified to the Domain Name Holder.
    8. Indemnification. Domain Name Holder hereby agrees to indemnify, to the maximum extent permitted by law, indemnify, defend and hold harmless Registry, its service providers, subcontractors and their respective directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Domain Name Holder’s domain name registration and or use. Such indemnification shall survive any termination or expiration of the Registration Agreement.
    9. Use of Personal Data. Domain Name Holder consents to the use, copying, distribution, publication, modification and other processing of Domain Name Holder’s Personal Data by Registry, its service providers, subcontractors and agents in a manner consistent with Registry’s posted privacy policy, Registry’s WHOIS policy and all other purposes of collection notified to Registrar by Registry (http://telnic.com/).
    10. Domain Name Holder hereby agrees to submit to proceedings commenced under ICANN’s Uniform Doman Name Dispute Resolution Policy (“UDRP”) (http://www.icann.org/udrp/).
    11. Domain Name Holder hereby agrees to immediately correct and update the registration information for the domain name during the registration term of the domain name.
    12. Domain Name Holder hereby agrees to be bound by the policies relating to the initial launch of the Registry TLD, such as the Sunrise Policy (https://www.telnic.org/downloads/Sunrise_Policy.pdf), and will acknowledge that Registry has no liability of any kind for any loss or liability resulting from any such policies or requirements, including, without limitation: (a) the ability or inability of a registrant to obtain a domain name during these periods, and (b) the results of any dispute over a Sunrise registration.
    13. Domain Name Holder hereby agrees that use of the domain name shall comply with all applicable TLD requirements, including, but not limited to, the Acceptable Use Policy (http://telnic.com/downloads/AUP.pdf) and the Sunrise policy (https://www.telnic.org/downloads/Sunrise_Policy.pdf).
    14. Domain Name Holder hereby acknowledges and agrees that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name on registry lock, hold or similar status, that it deems necessary, in its discretion: (a) to protect the integrity, security, and stability of the registry; (b) to comply with any appropriate laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, or employees; (d) per the terms of the Registration Agreement; (e) to correct mistakes made by Registry or Registrar in connection with a domain name registration; (f) to enforce the TLD Requirements; and (g) to prevent use of the domain name in a manner contrary to the intended purpose of the Registry TLD. Registry also reserves the right to lock, hold or place a similar status on a domain name during resolution of a dispute. Registry shall have no liability of any kind to Domain Name Holder, its customers, affiliates, service providers or any other party as a result of such denial, cancellation or transfer.
    15. Registry may communicate with the Domain Name Holder in connect with issues relating to a domain name and the Domain Name Holder’s membership of the .tel community
    16. Jurisdiction and Applicable Law. Domain Name Holder hereby agrees that any dispute, controversy or claim between the Domain Name Holder and Registry relating to a domain name or a request for a domain name, the Services, or any Content shall be subject to the laws of the State of Delaware, and the exclusive jurisdiction of the courts in New Castle County, Delaware. Domain Name Holder hereby agrees that any dispute, controversy or claim between the Domain Name Holder and the Telnic relating to a domain name or a request for a domain name or any Content shall be subject to the laws of England and Wales and the exclusive jurisdiction of the courts in England and Wales.
  3. .CO — Should you seek to register a .CO top level domain, you must agree to be bound by the following additional terms:
    1. Definitions:
      1. “Administrator” means .CO Internet, S.A.S.
      2. “Registrar” means SiteDart Hosting
      3. “Registered Name” means a domain name within the .Co TLD, whether consisting of two, three or more levels (e.g. twolevels.co or three.levels.co), registered and/or maintained through the Registry System and about which data is maintained by or on behalf of Administrator in the Registry Database (whether or not such name appears in the .Co TLD zone file).
      4. “Registrant” means the holder of a Registered Name.
      5. “Registry Database” means a database comprised of data about one or more DNS domain names within the domain of the .Co TLD that is used to generate either DNS resource records that are published authoritatively or responses to domain-name availability lookup requests or Whois queries, for some or all of those names.
      6. “Registry System” means the registry system operated by or on behalf of Administrator for Registered Names in the .Co TLD, including, without limitation, the Registrar Toolkit, as well as any updates, modifications, enhancements and/or redesigns thereof that may be made from time to time.
    2. You shall (within thirty days of demand) indemnify, defend and hold harmless Administrator, Registrar, and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to the Registrant’s domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation survive the termination or expiration of the Registration Agreement for any reason.
    3. You certify that, to the best of your knowledge, information or belief under penalty of fraud, the following is true:
      1. The data provided in the domain name registration application is true, correct, current and complete and Registrant will ensure that all such information is kept up to date;
      2. Neither the registration nor the use of the requested domain name interferes with or infringes upon the lawful rights of any person;
      3. The domain name has not been registered for and will not be used for any purpose that is fraudulent, illegitimate or otherwise in conflict with any applicable laws, rules, regulations, ordinances or decrees, including, without limitation for the submission of unsolicited bulk email, phishing, pharming use of botnets or malware, infringement of the legitimate trademark rights of others, or any other abusive practices; and
      4. You have the full power and authority to enter into the Registration Agreement on behalf of the Registrant and will be responsible for any errors, falsifications or omissions of information.
    4. You agree that the registration and exclusive and perpetual right of use and enjoyment for any Registered Name may be cancelled if Administrator or Registrar determines that you have provided information that is incorrect, false or inaccurate either in the initial registration process or in any subsequent communications or in the event you violates any of the terms of the Registration Agreement.
    5. You agree to follow and be bound by all Administrator’s policies (including, without limitation, the Administrator’s privacy policy, and other policies shown at http://www.cointernet.co), as the same may be updated, modified or replaced from time to time, and to subject themselves to any dispute resolution process for the resolution of disputes regarding Registered Names that may be adopted by Administrator, as the same may be updated, modified or replaced from time to time, including, but not limited to, any expedited processes for suspension of a domain name due to claims sought by intellectual property right holders.
    6. You agree that the domain name may be suspended, terminated, canceled or transferred in the interest of safeguarding compliance with Administrator’s security or registration policies or as a result of a dispute resolution.
    7. You agree that all official contact, correspondence and/or other information sent from or on behalf of Registrar, Administrator or any other relevant official will be transmitted to the administrative contact information that appears in the Registry Database and that the designated administrative contact is authorized to receive all such communication and information.
    8. You consent and authorize Registrar and Administrator to publish the following information in the WHOIS database and elsewhere:
      1. Names, addresses, telephone numbers and email addresses of the Registrant and Registrant’s designated administrative contact.
      2. Name, address, telephone number and email address of the Registrant’s technical contact.
      3. Dates related to the creation, last update and expiration of the Registered Name.
    9. You agree that all disputes, claims or controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .Co TLD between Registrant and Administrator 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 Bogotá, Columbia.
    10. You agree to assume all responsibility and liability arising out of any assignment by Registrant of the Registered Name, including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any sub-domain of the Registered Name or any Website associated with the Registered Name.
    11. You agree that neither Registrar’s acceptance of the Applicant’s registration request nor the actual registration of any Registered Domain shall be deemed an indication that Administrator, Registrar or the Colombian Government has made any determination regarding the legality of the registration, the extent to which Registrant’s registration and exclusive and perpetual right of use and enjoyment of the Registered Name may violate any applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Administrator, Registrar nor the Colombian Government shall have any liability or responsibility arising therefrom.
    12. You agree that Registrant shall be bound by the terms and conditions of the initial launch and general operation of the .Co TLD, including without limitation the Sunrise and Landrush periods, and the corresponding dispute resolution policies, and that Administrator shall have no liability of any kind for any loss or liability resulting from (a) the ability or inability of an Applicant to obtain a Registered Name during these periods, or (b) the results of any dispute procedures.
    13. 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 Registration Agreement.
    14. You agree that Administrator reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry and/or the Registry System; (2) to comply with any applicable laws, rules, regulations, policies, procedures, ordinances or decrees of any government, governmental agency or quasi governmental agency (including, without limitation, those of the Colombian Government) or any requirements and/or requests of law enforcement authorities, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Administrator, as well as its affiliates and subsidiaries, and their respective owners, officers, directors, managers, employees, agents, contractors and service providers; (4) for violations of this Registration Agreement; or (5) to correct mistakes made by Administrator or any registrar in connection with a domain name registration. Administrator also reserves the right to lock or place on hold a domain name during resolution of a dispute.
    15. You must provide the following minimum registration information:
      1. Domain name registered;
      2. IP address and corresponding names of the primary and secondary name servers for the Registered Name;
      3. Original creation date and term of the registration;
      4. Name, postal address, email address, voice telephone number, and (where available) fax number of the Registrant of the Registered Name;
      5. Name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and
      6. Name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
  4. .CA – Should you seek to register a .CA top level domain, you must agree to be bound by the following additional terms. In the event that any term in this Registration Agreement conflicts with CIRA’s Registrant Agreement, CIRA’s Registrant Agreement shall apply to any and all .CA domain registrations.
    1. Definitions. The following definitions apply to this Section 11:
      1. “Registrant Registration Agreement” shall mean CIRA’s Registration Agreement.
      2. “Registrar,” “National CA Domains,” “we,” or “us” shall mean National CA Domains, Ltd., a wholly-owned subsidiary of Dotster, Inc., and a certified registrar of .CA domains by CIRA pursuant to the Registrar Registration Agreemententered into between National CA Domains and CIRA (“Registrar Registration Agreement”).
      3. “Registry,” “Registry Operator,” or “CIRA” shall mean Canadian Internet Registration Authority, the not-for-profit organization that manages the .CA domain space.
      4. Capitalized terms used in this Section 11 but not defined shall have the meaning as set out in the Registration Agreement or Registrar Registration Agreement.
    2. CA Domain Name Registration Information and Its Use.
      1. You acknowledge and agree that you are required to submit to National CA Domains and keep updated the following information in connection with your application for .CA domain name registration:
        1. the .CA domain name to be registered;
        2. the .CA domain name holder’s name and mailing address;
        3. the name, mailing address, email address, telephone number, and fax number of the Administrative Contact for the .CA domain name;
        4. the name, mailing address, email address, telephone number, and fax number of the billing contact for the .CA domain name; and
        5. Canadian presence qualification as required by CIRA’s Canadian Presence Requirements for Registrants.
      2. Obligations Relating to Provided Data. If, in registering a .CA domain name, you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party’s information as set forth in this Registration Agreement.
      3. Disclosure and Use of Registration Information. You agree to authorize National CA Domains to provide any information to CIRA and any other third parties as applicable laws may require or permit. You acknowledge and agree that National CA Domains may make publicly available, or directly available to third-party vendors, some or all of the .CA domain registration information provided by you, for purposes of inspection such as through National CA Domains’ WHOIS service, for targeted marketing, or for any other purpose as required or permitted by CIRA and/or applicable laws.
      4. We will not process any data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Registration Agreement or in our Privacy Policy. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information. We will have no liability to you or any third party to the extent such reasonable precautions are taken.
      5. You acknowledge and agree that CIRA may establish guidelines, limits, and/or requirements that relate to the amount and type of information that National CA Domains may or must make available to the public or to private entities, and the manner in which such information is made available.
    3. CIRA Policy.
      1. You agree that:
        1. Your registration of a .CA domain name shall be subject to suspension, cancellation, or transfer pursuant to any CIRA-adopted policy, or pursuant to any Registrar or Registry procedure not inconsistent with a CIRA-adopted policy, (1) to correct mistakes by Registrar or Registry in registering the name, or (2) for the resolution of disputes concerning a .CA domain name.
        2. CIRA may, at its option, extend any period for the registration of a .CA domain name at no charge to Registrar or you for such further period of time as CIRA may determine, in its sole discretion.
        3. CIRA shall not be liable to you for:
          1. any loss, damage, or expense arising out of CIRA’s failure or refusal to register a .CA domain name;
          2. CIRA’s failure or refusal to renew a .CA domain name;
          3. CIRA’s registration of a .CA domain name;
          4. CIRA’s failure or refusal to renew a .CA domain name;
          5. CIRA’s renewal of a .CA domain name;
          6. CIRA’s failure or refusal to transfer a .CA domain name;
          7. CIRA’s transfer of a .CA domain name;
          8. CIRA’s failure or refusal to maintain or modify a .CA domain name;
          9. CIRA’s maintenance of a .CA domain name;
          10. CIRA’s modification of a .CA domain name;
          11. CIRA’s failure to cancel a .CA domain name; or
          12. CIRA’s cancellation of a .CA domain name from the Registry.
        4. In no event shall you pursue any claim against CIRA, and in no event shall CIRA be liable to you, for any direct, indirect, special, punitive, exemplary, or consequential damages, including, but not limited to, damages resulting from loss of use, lost profits, lost business revenue, or third-party damages or arising from any breach by Registrar of its obligations under any agreement between Registrar and you, or the Registrar Registration Agreement.
        5. Registration of your selected .CA domain name in its first application to CIRA shall not be effective until you have entered into and agree to be bound by CIRA’s Registration Agreement.
        6. We shall immediately give notice to you in the event that we are no longer a CIRA certified registrar, have had our certification as a CIRA certified registrar suspended or terminated, or the Registrar Registration Agreement is terminated or expires. CIRA may post notice of such suspension, termination, or expiry on its website and may, if CIRA deems appropriate, give notice to you thereof.
        7. In the event that we are no longer a CIRA certified registrar, have had our certification as a CIRA certified registrar suspended or terminated, or in the event the Registrar Registration Agreement is terminated or expires, you shall be responsible for changing your registrar of record to a new CIRA certified registrar within 30 days of the earlier of notice thereof being given to the you by (i) us or (ii) CIRA in accordance with CIRA’s then-current General Registration Rules; provided, however, that if any of your domain name registration(s) is scheduled to expire within 30 days of the giving of such notice, you shall have 30 days from the anniversary date of the registration(s) to register with a new CIRA certified registrar and to renew such domain name registration(s) in accordance with then-current General Registration Rules.
        8. You shall not, directly or indirectly, through registration or use of your .CA domain name or otherwise (i) violate or contribute to the violation of the intellectual property rights or other rights of any other person; (ii) defame or contribute to the defamation of any other person; or (iii) unlawfully discriminate or contribute to the unlawful discrimination of any other person.
        9. National CA Domains and CIRA shall not be responsible in any way whatsoever:
          1. for the use of any .CA domain name in the Registry; and
          2. for any conflict or dispute with or any actual or threatened claim against us or you, including one relating to a registered or unregistered trade-mark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium of an individual or any other intellectual property rights of a third party or relating to the defamation of or unlawful discrimination with respect to any other person.
        10. You agree that we may amend this Registration Agreement at any time, with or without notice to you, to reflect any amendments to the Registrar Registration Agreement or any other rules, policies, or guidelines established by the Registry.
        11. You acknowledge that registration of a .CA domain name does not create any proprietary right for you, us or any other person in the name used as a .CA domain name or the domain name registration and that the entry of a .CA domain name in the Registry or in the “WHOIS” look up system of the Registry shall not be construed as evidence or ownership of the registered .CA domain name. You shall not in any way transfer or purport to transfer a proprietary right in any .CA domain name registration, or grant or purport to grant as security or in any other manner encumber or purport to encumber a .CA domain name registration.
    4. CIRA Dispute Policy.
      1. In the event of any dispute with respect to your registered .CA domain name, you agree to be bound by the CIRA Domain Name Dispute Resolution Policy (“CIRA Dispute Policy”), as it may be amended from time to time, which is hereby incorporated and made a part of this Registration Agreement by reference.
      2. You agree that, if the registration of your .CA domain name is challenged by a third party, you will be subject to the provisions specified in the CIRA Dispute Policy in effect at the time of the dispute.
      3. You agree that, in the event a domain name dispute arises with any third party, you shall indemnify and hold Registrar harmless pursuant to the terms and conditions contained in the CIRA Dispute Policy.
    5. Transfer of Ownership.
      1. National CA Domains will consider the entity named as the Administrative Contact for the .CA domain name at the time the controlling user name and password are secured as the agent of that domain name. In accordance with CIRA policy, a domain name’s registrar and agent cannot be changed until at least 60 days after initial registration. You agree that, prior to the effectiveness of any transfer of ownership of your domain name to another person or entity, you will pay National CA Domains the then-current amount set forth by National CA Domains for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name (the “Transferee”) shall agree in writing to be bound by all terms and conditions of this Registration Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from a third party (such reasonable assurance as determined by National CA Domains in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain name registration without paying National CA Domains the then-current amount set by National CA Domains for the transfer of ownership of a domain name, or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name.
    6. Miscellaneous.
      1. You agree that National CA Domains is not liable or responsible for any errors, omissions, or other actions by CIRA arising out of or related to your application or receipt of, or failure to receive, a .CA domain name registration. You further agree to indemnify, defend and hold harmless the administrators, directors, officers, employees, and agents of National CA Domains and of CIRA from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your .CA domain name registration.
      2. You acknowledge and agree that National CA Domains cannot guarantee that you will obtain a desired .CA domain name registration, even if an inquiry indicates that domain name is available, since National CA Domains cannot know with certainty whether or not an application for a domain name which you are seeking is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the .CA domain name registration process or related databases maintained by CIRA.
      3. You acknowledge and agree that National CA Domains does not check to see whether the .CA domain name you select, or the use you make of the domain name, infringes the legal rights of others. We urge you to investigate whether the .CA domain name you select, or its use, infringes the legal rights of others, and in particular we suggest you seek advice of competent counsel.
      4. You acknowledge and agree that National CA Domains may be ordered by a court or administrative agency to cancel, modify, or transfer your domain name. You should also be aware that if we are sued or threatened with lawsuit in connection with your .CA domain name, we may turn to you to hold us harmless and to indemnify us.
      5. You acknowledge and agree that any of the following actions shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your .CA domain name registration:
        1. willfully providing false or inaccurate information;
        2. willfully failing to update information promptly; or
        3. failing to respond to National CA Domains’ inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request.
      6. You hereby consent to any and all such disclosures and use of, and guidelines, limits, and restrictions on disclosure or use of information, updated from time to time and provided in connection with registration of a .CA domain name, whether during or after term of the 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 the .CA domain name registration information.
  5. .XXX – Should you seek to register a .XXX top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section 12 conflicts with the Registration Agreement shown above, the terms of this Section 12 shall apply to any and all .XXX domain registrations.
    1. Definitions. The following definitions apply to this Section 12:
      1. “Registrar” refers to SiteDart Hosting.
      2. “Registry,” “Registry Operator,” and “ICM” refers to ICM Registry, LLC.
    2. .XXX Domain Name Registration Requirements, Information, and Use.
      1. You must be at least 18 years of age to register a .XXX domain.
      2. You attest that you qualify as a member of the Sponsored Community, as that is defined and enforced by ICM (see http://www.icmregistry.com/about/sponsored-community/).
      3. You agree and consent to the Registry-Registrant Registration Agreement displayed at http://www.icmregistry.com/policies/registry-registrant-agreement/.
      4. You understand and agree to indemnify, defend, and hold harmless ICM and its subcontractors, and the directors, officers, employees, affiliates and agents of each of them, from and and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the registrant’s domain name registration
      5. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which ICM has monitoring responsibility.
      6. You consent to use of, copying, distribution, publication, modification, and other processing of the registrant’s personal data by ICM and its designees and agents in a manner consistent with the purposes specified in Section 2.6 of Registry-Registrar Registration Agreement.
      7. You agree to be bound by the terms and conditions of initial launch established by ICM, including without limitation Landrush, and further acknowledge ICM has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the Landrush period, including, without limitation your ability/inability to obtain a registered name during that period
      8. You acknowledge and agree ICM reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to enforce ICANN requirements and ICM policies; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of ICM, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) to enforce the terms of the registration agreement; or (5) to correct mistakes made by ICM or Registrar in connection with a domain registration. ICM also receives the right to place upon registry lock, hold, or similar status a domain name during dispute resolution.
      9. You shall immediately notify ICM of any domain name owned or controlled by registrant where the website operated in connection with such domain name is the subject any of any cease, or has been ordered to cease or has actually ceased, operations due to the actions of a government agency related to illegal or illicit activity on such website.
      10. Notwithstanding anything in this Registration Agreement to the contrary, ICM Registry (“ICM”), the Registry Operator of the .xxx top-level domain, is and shall be an intended third-party beneficiary of this Registration Agreement, and the parties to this Registration Agreement acknowledge and agree that the third-party beneficiary rights of ICM have vested and that ICM has relied on its third-party beneficiary rights under this Registration Agreement in agreeing to SiteDart Hosting, being a registrar for the .xxx top-level domain. The third-party beneficiary rights of ICM shall survive any termination or expiration of this Registration Agreement.
  6. Should you seek to register a gTLD from a Donuts Inc. subsidiary registry, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Donuts Inc. subsidiary registry domain registrations.
    1. Definitions. The following definitions apply to this Section:
      1. “Registrar” refers to SiteDart Hosting.
      2. “Registry” refers to any Donuts Inc. subsidiary registry. A full list of Donuts Inc. subsidiary registries can be found here and the full list of TLDs available from Donuts Inc. subsidiary registries can be found here.
    2. Donuts Inc. Registration Requirements, Information and Use.
      1. You consent to the published privacy policies of the Registry, available here.
      2. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the registration agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
      3. You acknowledge and agree that domain names are variably priced in the Donuts TLDs (i.e., some are Standard Names and others are Premium Names); click here for more information from the Registry. The non-uniform registration and renewal pricing means that a fee for one Donuts TLD may differ from another Donuts TLD.
  7. Should you seek to register a gTLD from the Uniregistry Registry, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Uniregistry domain registrations.
    1. Definitions. The following definitions apply to this Section:
      1. “Registrar” refers to SiteDart Hosting.
      2. “Registry” refers to Uniregistry, Corp., a Cayman exempt corporation.
    2. Uniregistry Registration Requirements, Information and Use.
      1. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary in its discretion, to correct mistakes made by Registry or any Registrar in connection with a domain name registration; or for the non-payment of fees to Registry.
      2. You agree to comply with Registry’s Acceptable Use policies and Terms of Service, as they may be updated from time to time and published at the Registry’s website, here.
      3. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
      4. You agree to comply with the operational standards, policies, procedures and practices for Uniregistry TLDs as established by the Registry Operator, including without limitation the Registry Policies located here.
      5. You understand and agree that Registered Names allocated to Register Name Holders during any Registry sunrise period are non-transferrable for the first ten (10) years after registration.
      6. For the .SEXY TLD, the Registered Name Holder shall not permit content unsuitable for viewing by a minor from the main or top-level directory of a .SEXY domain name.
  8. .MENU – Should you seek to register a .MENU top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .MENU domain registrations.
    1. Definitions. The following definitions apply to this Section:
      1. “Registrar” refers to SiteDart Hosting.
      2. “Registry” refers to Wedding TLD2, LLC.
    2. .MENU Domain Name Registration Requirements, Information and Use.
      1. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
      2. You agree to comply with the operational standards, policies, procedures and practices for the .MENU TLD as established by the Registry Operator, including without limitation the Registry Policies.
      3. You agree to be bound by the terms and conditions of initial launch established by Registry, including without limitation the land rush and sunrise period, and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise period, including, without limitation your ability or inability to obtain a registered name during that period.
      4. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the Registration Agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
      5. You hereby agree to submit to proceedings commenced under other dispute policies as set forth by Registry, including but not limited to processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts, or other competent claimants in the purpose of upholding the stability, security, and integrity of the .MENU Registry.
      6. Notwithstanding anything in this Registration Agreement to the contrary, Wedding TLD2, LLC, the Registry Operator of the .MENU TLD, is and shall be an intended third-party beneficiary of this Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third-party beneficiary rights of Wedding TLD2, LLC have vested and that Wedding TLD2, LLC has relied on its third-party beneficiary rights under this Registration Agreement in agreeing to Registrar being a registrar for the .MENU TLD. Additionally, the third-party beneficiary rights of Wedding TLD2, LLC shall survive any termination of this Registration Agreement.
  9. .UNO – Should you seek to register a .UNO top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .UNO domain registrations.
    1. .UNO Domain Name Registration Requirements, Information and Use.
      1. You acknowledge and agree that Dot Latin, LLC (the “Registry”), reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (b) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration, or (c) for the non-payment of fees to Registry.
      2. You agree to comply with Registry’s Acceptable Use policies, Terms of Service, if any, operational standards, policies, procedures and practices, and Registry policies as they may be instituted or updated from time to time and published on the Registry website (here) specific to the Registry TLD for the domain name.
      3. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
      4. You, as the Registrant, 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:
        1. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
        2. The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
        3. The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.
  10. Should you seek to register a gTLD from the Afilias Limited registry, or an Afilias subsidiary registry, including at present .BET, .BLACK, .BLUE, .GREEN, .HEALTH, .KIM, .LGBT, .LOTTO, .LTD, .MEET, .MEMORIAL, .MLS, .PINK, .RED and SHIKSHA, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Afilias Limited registry, and all Afilias subsidiary registry domain registrations.
    1. You understand and agree to comply with all ICANN standards, policies, procedures and practices.
    2. You agree to immediately correct and update the Registration Information for the Registered Name Holder upon any change.
    3. You agree to be bound by the operational standards, policies, procedures and practices for the Afilias Limited registry, or any Afilias subsidiary registry (the “Registry”) as established by the Registry, including without limitation the Registry policies, the terms and conditions of initial launch established by Registry, available here, including without limitation, land rush and sunrise period, and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush, sunrise period, or other period associated with the initial launch of the Registry TLD, including, without limitation your ability/inability to obtain a registered name during that period.
    4. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement the Registry has with ICANN; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the Registration Agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
  11. .BUZZ – Should you seek to register a .BUZZ top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .BUZZ domain registrations.
    1. You acknowledge and agree DotStrategy, Co. (the “Registry”) reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection with a domain name registration, or (iii) for the non-payment of fees to Registry.
    2. In the event of any dispute concerning the time of the entry of a domain name registration into the Registry system, the timestamp shown in the Registry system records shall prevail.
    3. You agree to comply with Registry’s Acceptable Use policies, and Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry’s website, here.
    4. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
  12. .CLUB – Should you seek to register a .CLUB top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .CLUB domain registrations.
    1. You acknowledge and agree .CLUB Domains LLC (the “Registry”) reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary in its discretion, to correct mistakes made by Registry or any Registrar in connection with a domain name registration; or for the non-payment of fees to Registry.
    2. You agree to comply with Registry’s Acceptable Use policies, Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry’s website, here.
    3. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
  13. .LUXURY – Should you seek to register a .LUXURY top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .LUXURY domain registrations.
    1. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
    2. You agree to comply with the operational standards, policies, procedures and practices for the .LUXURY TLD as established by Luxury Partners, LLC (the “Registry”) or any appointed registry operator, including without limitation the Registry Policies, which may be available here.
    3. You agree to be bound by the terms and conditions of the initial launch established by Registry, including without limitation the land rush and sunrise periods, and the Start-Up Policies, and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise period, including, without limitation your ability or inability to obtain a registered name during that period.
    4. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement the Registry maintains with ICANN; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the Registration Agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
    5. You hereby agree to submit to proceedings commenced under other dispute policies as set forth by Registry, including but not limited to processes for the suspension of a domain name pursuant to claims made by intellectual property right holders , Internet engineering and security experts, or other competent claimants for the purpose of upholding the stability, security, and integrity of the .LUXURY Registry.
    6. Notwithstanding anything in this Registration Agreement to the contrary, Luxury Partners, LLC, the Registry Operator of the .LUXURY TLD, is and shall be an intended third-party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third-party beneficiary rights of Luxury Partners, LLC have vested and that Luxury Partners, LLC has relied on its third-party beneficiary rights under this Registration Agreement in agreeing to the registrar of record being a registrar for the .LUXURY TLD. Additionally, the third-party beneficiary rights of Luxury Partners, LLC shall survive any termination of this Registration Agreement.
  14. .BUILD – Should you seek to register a .BUILD TLD, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .BUILD domain registrations.
    1. You acknowledge and agree Plan Bee, LLC (the “Registry”) reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection with a domain name registration, or (iii) for the non-payment of fees to Registry.
    2. You agree to comply with Registry’s Acceptable Use policies, and Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry’s website, here.
    3. You agree to be bound by the terms and conditions of initial launch established by Registry, available here, including without limitation land rush and sunrise periods, and further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise periods, including, without limitation your ability/inability to obtain a registered name during that period.
    4. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
  15. .GIFT – Should you seek to register a .GIFT TLD, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .GIFT domain registrations.
    1. You acknowledge and agree that Dot Gift, LLC (“Registry”) and/or Uniregistry, Corp. (“Registry Operator”) reserve the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, deemed necessary in their discretion, to correct mistakes made by Registry, Registry Operator, or any registrar of record in connection with a domain name registration; or for the non-payment of fees to Registry.
    2. You agree to comply with Registry’s Acceptable Use Policy and Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry’s website, here.
    3. You agree to be bound by the terms and conditions of initial launch established by Registry, available here, including without limitation land rush and sunrise periods, and further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise periods, including, without limitation your ability/inability to obtain a registered name during that period.
    4. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
    5. You understand and agree that domain names allocated during any Registry or Registry Operator sunrise period are non-transferrable for the first ten (10) years after registration.
  16. Should you seek to register a gTLD from the CentralNic Registry Operator (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all CentralNic domain registrations. A non-exhaustive list of CentralNic gTLDs can be found here.
    1. You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.
    2. You agree that if you collect and maintain sensitive health and/or financial data, you will comply with applicable laws on the provision of such services and including security measures applicable to that sector.
    3. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry or Registry Operator has monitoring responsibility.
    4. You agree to comply with the operational standards, policies, procedures and practices as established by the Registry Operator, including without limitation the Registry policies, available here.
  17. Should you seek to register a gTLD from the Famous Four Media (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all domain registrations with Famous Four Media. A non-exhaustive list of Famous Four Media gTLDs (the “Registry TLD”) can be found here.
    1. You agree to comply with ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
    2. You agree to the operational standards, policies, procedures, and practices for the Registry TLD (available here) as set forth in the Registry Agreement between the Registry Operator and ICANN, and as established from time to time by Registry Operator in a non-arbitrary manner and applicable to all registrars, including affiliates of registrar, and consistent with ICANN standards, policies, procedures, and practices and Registry Operator’s Registry Agreement with ICANN, including, in particular, any acceptable use policy (available here), which delineates all the types of activity that define abuse and reserves the right of the Registry Operator to take appropriate action based on the type of abuse.
    3. You agree to all permissions, authorizations and confirmations required from the Registered Name Holder or any other data subject which are reasonably required by the Registry Operator or registrar of record in order to comply with the terms of paragraph (b) immediately above.
  18. Should you seek to register a gTLD from a United TLD Holdco Ltd. subsidiary registry (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all United TLD Holdco Ltd. subsidiary registry domain registrations. A non-exhaustive list of United TLD Holdco Ltd. Subsidiary registry TLDs can be found here.
    1. These Registration Terms and Conditions (“the Registration Terms”) supplement, and are incorporated into, the agreement between you (“you”), a registrant, and the ICANN Accredited Registrar (“Registrar”) that you use to register or reserve a name in the United TLD Top Level Domain (the “Registry TLD”). As between you and United TLD Holdco Ltd., (the “Registry” or “we”), in the event of any conflict between this Agreement Schedule and the terms of your agreement with Registrar (the “Registrar?Registrant Agreement”), these Registration Terms shall prevail. These additional terms may be found at the Registry’s website here.
      1. By applying to register or reserve a domain name in a Registry TLD, you represent and warrant that neither your registration nor your use of the name will infringe the intellectual property or other rights of any third party or violate the Registry’s Acceptable Use (Anti-Abuse) Policy.
      2. You acknowledge and agree to abide by all Registry Policies set forth on the Registry’s website at http://rightside.co/rightside-registry/policies/ (the “Registry Website”). You specifically acknowledge and agree that the Registry Policies may be modified by the Registry, and agree to comply with any such changes in the time period specified for compliance.
      3. You agree to comply with all applicable ICANN requirements and policies found at www.icann.org/en/general/consensus-policies.htm.
      4. You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, disclosure of date and financial disclosures.
      5. You agree that should you use a Registry TLD to collect and or maintain sensitive health and financial date, you implement reasonable appropriate security measures commensurate with the offering of those services as defined by applicable law.
      6. You represent and warrant that you have provided to your Registrar current, complete, and accurate information in connection with your application for a registration, and that you will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting registration or reservation. Your obligation to provide current, accurate, and complete information is a material element of these terms, and the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration or reservation if it determines, in its sole discretion, that the information is materially inaccurate.
      7. You consent to the collection, use, processing, and/or disclosure of personal information in the United States and in accordance with the Registry’s Privacy Policy, and incorporated by reference here. If you are submitting information from a country other than the country in which the Registry servers are located, your communications with the Registry may result in the transfer of information (including your membership account information) across international boundaries; you consent to such transfer.
      8. You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), and the Uniform Rapid Suspension System (“URS”), each as described on the ICANN Website. You further agree to abide by the final outcome of any of those processes, subject to any appeal rights provided in those processes or the law, and you hereby release the Registry, its affiliates and service providers from any and all directly or indirect liability associated with such dispute resolution processes.
      9. You acknowledge and agree that the Registry reserves the right, in its sole discretion, to disqualify you or your agents from making or maintaining any registrations or reservations in the Registry TLD if you are found to have repeatedly engaged in abusive registrations.
      10. You acknowledge and agree that the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration that it deems necessary, in its discretion, in furtherance of the following:
        1. to enforce all Registry Policies, these Registration Terms, and ICANN requirements, as amended from time to time;
        2. to protect the integrity and stability of the Registry, its operations, and the Registry TLDs;
        3. to comply with any applicable law, regulation, holding, order, or decision issued by a court, administrative authority, or dispute resolution service provider with jurisdiction over the Registry or you;
        4. to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, contractors, and stockholders;
        5. to correct mistakes made by the Registry or any Registrar in connection with a registration or reservation;
        6. as otherwise provided herein.
      11. The Registration Terms, its interpretation, and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). You agree and submit to the exercise of personal jurisdiction of courts in the State of Washington for the purpose of litigating any such claim or action.
      12. By agreeing to these Registration Terms and Conditions, you are: (1) Waiving claims that you might otherwise have against the Registry, its employees, affiliates and subsidiaries, and service providers, based on the law of other jurisdictions, including your own; (2) Irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in the state of Washington over any disputes or claims you have with the Registry, its affiliates and service providers; and (3) submitting yourself to the personal jurisdiction of courts located in the state of Washington for the purpose of resolving any such disputes or claims.
      13. You acknowledge and agree that the Registry is and shall be an intended third party beneficiary of the obligations you undertake under your registration agreement with the Registrar and these Registration Terms. You acknowledge and agree that the Registry’s third party beneficiary rights have vested, and shall survive any termination or expiration of your registration or reservation.
      14. You acknowledge and agree that domain names in the Registry TLD are provided “as is”, “with all faults” and “as available.” The Registry, its affiliates and service providers, make no express warranties or guarantees about such domain names.
      15. To the greatest extent permitted by law, the Registry, its affiliates and service providers, disclaim implied warranties that the Registry and all software, content and services distributed through the registry, its affiliates and service providers are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. The registry, its affiliates and service providers do not guarantee that any registry TLDs, or registry operations will meet your requirements, will be error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the United TLD, including any support services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you or third parties will be able to access or use a domain name in United TLDs (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of the Registry, its affiliates and service providers shall create a warranty regarding operations of the Registry or a domain name in a Registry TLD.
      16. The Registry, its affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon a domain name in United TLD. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the Registry, its affiliates and services providers knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Registry’s liability, and the liability of the Registry’s affiliates and service providers, shall be limited to the amount you paid to register a United TLD. You further agree that in no event shall the Registry’s, its affiliates’ and service providers’ total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action. You agree that the rights stated herein survive the termination of the Registrar’s agreement with you.
      17. The Registry reserves the right to modify, change, or discontinue any aspect of its Registry Services, these Registration Terms, including without limitation its prices and fees. You acknowledge and agree that the Registry, its affiliates and service providers may provide any and all required notices, agreements, modifications and changes to these Registration Terms, and other information concerning Registry TLDs electronically, by posting such items on the Registry Website. Your continued use of a Registry TLD shall constitute your acceptance of the most current versions of those notices, agreements, modifications, and changes to these Registration Terms. In the event of any conflict between these Registration Terms and the notices, agreements, modifications and changes to the Registration Terms as posted from time to time on the Registry Website, the terms posted on the Registry Website shall prevail.
      18. You represent and warrant that your use of the Registry and/or the Registry TLDs will not be for any illegal purpose and that you will not undertake any activities with your Registry TLD that will be in violation of the Acceptable Use (Anti-Abuse) Policy.
      19. The Registry TLDs are intended for and available to applicants and registrants who are at least eighteen (18) years of age. By applying for, registering, or reserving United TLD, you represent and warrant that you are at least eighteen (18) years of age.
    2. In addition to the Registration Terms above, you agree to comply with applicable rules and laws including those that relate to privacy, data collection, consumer protection, import/export of services and disclosure of data.
  19. .KIWI – Should you seek to register a .KIWI top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .KIWI domain registrations.
    1. You acknowledge and agree that Dot Kiwi Limited (“Registry Operator”) reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs); (2) to correct mistakes made by Registry Operator or registrar of record in connection with a domain name registration; (3) if required by a URS, UDRP, DRS, or CRS proceeding; or (4) for the non-payment of fees to Registry Operator.
    2. You agree to comply with all Registry Operator policies set forth on the Registry Operator’s website at https://hello.kiwi/policies.
    3. You agree to submit to the Uniform Domain Name Dispute Resolution Policy (UDRP), Uniform Rapid Suspension (URS), Dispute Resolution Service (DRS), Complaint Resolution Service (CRS), available here, and the Inter-Registrar Transfer Policy, available here, each in their most recent form and each as may be amended from time to time.
  20. .NYC – Should you seek to register a .NYC TLD from The City of New York (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .NYC domain registrations.
    1. You agree to the .nyc Acceptable Use Policy, available here, which is hereby incorporated into this Registration Agreement by reference.
    2. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry Operator has monitoring responsibility
    3. You agree to comply with the operational standards, policies, procedures and practices as established by the Registry Operator, including without limitation the following Registry policies:
      1. .nyc Nexus Policy;
      2. .nyc Acceptable Use Policy;
      3. .nyc Proxy Registration Policy; and
      4. .nyc Web Site Privacy Policy.
    4. You agree that you are in compliance with all relevant Federal, New York State and New York City laws, including the tax requirements for conducting business via the Internet. Registrants may find more information about compliance with the City tax laws at the City of New York Department of Finance’s website (currently at www.nyc.gov/finance).
    5. The Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
      1. The Uniform Domain Name Dispute Resolution Policy, available at
        http://www.icann.org/en/help/dndr/udrp/policy;
      2. The Uniform Rapid Suspension Procedure and Rules, available at
        http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en;
        and
      3. The Transfer Dispute Resolution Policy, available at
        http://www.icann.org/en/help/dndr/tdrp
  21. Should you seek to register a gTLD from the GMO Registry, Inc. (“Registry”), including at present .NAGOYA, .TOKYO, and .YOKOHAMA, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .NAGOYA, .TOKYO, and .YOKOHAMA domain registrations.
    1. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement the Registry has with ICANN; (4) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the Registration Agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
    2. You agree to be bound by the operational standards, policies, procedures and practices established by the Registry, including without limitation the Registry’s policies, the terms and conditions of initial launch established by Registry, including without limitation, land rush and sunrise periods, available here, the Abusive Use Policy (available here), and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush, sunrise period, or other period associated with the initial launch of the Registry TLD, including, without limitation your ability/inability to obtain a registered name during that period.
    3. You agree to comply with ICANN standards, policies, procedures, and practices for which Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
  22. .QPON – Should you seek to register a .QPON top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .QPON (“Registry TLD”) domain registrations.
    1. You acknowledge and agree that dotCOOL Inc. (the “Registry”) reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion: (i) to protect the integrity, security and stability of the Internet or Registry; (ii) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs) and/or to comply with any applicable laws, government rules or requirements, requests of law enforcement or any other relevant authority or in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of Registry and Registry Service Provider and their affiliates, subsidiaries, subcontractors, officers, directors, employees and stockholders; (iv) for violations of this Registration Agreement; (v) to correct mistakes made by Registry or any registrar in connection with a domain name registration; (vi) to ensure compliance with ICANN and/or Registry policies and/or procedures; and/or (vii) for the non-payment of fees to Registry. Registry also reserves the right to lock or place on hold a domain name during resolution of a dispute. Registry will notify registrar of any cancellations, locks, holds or transfers made by Registry to the registrar’s domain name registrations, via email or other method as may be mutually agreed upon by the parties, within twenty four (24) hours of any change, unless otherwise required to by law.
    2. You shall comply with the operational standards, policies, procedures, and practices for the Registry TLD as set forth in the Registry Agreement between the Registry and ICANN and as established from time to time by Registry in a non- arbitrary manner and applicable to all registrars (“Operational Requirements”), including affiliates of Registry, and consistent with ICANN’s standards, policies, procedures, and practices and Registry’s Registry Agreement with ICANN, and Registry’s Acceptable Use policies and Terms of Service, as they may be instituted or updated from time to time and published on the Registry website, available here.
    3. You shall comply with ICANN standards, policies, procedures, and practices for which Registry has responsibility in accordance with the Registry Agreement.
    4. You certify:
      1. The data provided in the domain name registration application is true, correct, up to date and complete;
      2. The domain name registrant has the authority to enter into the Registration Agreement; and
      3. The domain name will not be used for distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension or deletion of the domain name registration.
    5. The Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
      1. The Uniform Domain Name Dispute Resolution Policy, available at
        http://www.icann.org/en/help/dndr/udrp/policy;
      2. The Uniform Rapid Suspension Procedure and Rules, available at
        http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en;
        and
      3. The Transfer Dispute Resolution Policy, available at
        http://www.icann.org/en/help/dndr/tdrp
    6. Registry reserves the right to take immediate action to remove orphan glue records (as defined at http://www.icann.org/en/committees/security/sac048.pdf) when provided with evidence in written form that such records are present in connection with malicious conduct.
  23. .WIEN – Should you seek to register a .WIEN top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .WIEN (“Registry TLD”) domain registrations.
    1. You acknowledge and agree that punkt.wien GmbH (the “Registry”) reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion: (i) to protect the integrity, security and stability of the Internet or Registry; (ii) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs) and/or to comply with any applicable laws, government rules or requirements, requests of law enforcement or any other relevant authority or in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of Registry and Registry Service Provider and their affiliates, subsidiaries, subcontractors, officers, directors, employees and stockholders; (iv) for violations of this Registration Agreement; (v) to correct mistakes made by Registry or any registrar in connection with a domain name registration; (vi) to ensure compliance with ICANN and/or Registry policies and/or procedures; and/or (vii) for the non-payment of fees to Registry. Registry also reserves the right to lock or place on hold a domain name during resolution of a dispute. Registry will notify registrar of any cancellations, locks, holds or transfers made by Registry to the registrar’s domain name registrations, via email or other method as may be mutually agreed upon by the parties, within twenty four (24) hours of any change, unless otherwise required to by law.
    2. You shall comply with the Registry’s General Terms and Conditions, available here, and all other Registry policies, including for land rush and sunrise periods, as they may be instituted or updated from time to time and published on the Registry website, available here.
    3. You shall comply with ICANN standards, policies, procedures, and practices for which Registry has responsibility in accordance with the Registry Agreement.
    4. You understand and agree that the following persons are eligible for registration of a Registry TLD: any natural person, legal person, organization or association intending to show an economic, cultural, tourist, historical, social or other affinity with the Austrian federal capital: WIEN [Vienna]. No verification procedure will be carried out at the time of registration to verify whether you have the required interests in or relations to Vienna, but fulfillment of the nexus conditions can be reviewed by initiating alternative dispute resolution procedures (“Eligibility Requirements Dispute Resolution Policy”, available here).
    5. You hereby represent and warrant that:
      1. You fulfill one of the general registration requirements and will inform the Registry via your registrar if and when you no longer fulfill those requirements;
      2. the application for domain registration is made in good faith and for a statutory purpose;
      3. the use of the domain will not be against public policy, will not violate accepted principles of morality (e.g. is not obscene or insulting) and will not be against the law;
      4. any email address you provide to us is a working email address;
      5. the use of the domain will not infringe any third party’s rights or breach any applicable laws or regulations, including the provision on non-discrimination on the basis of race, language, sex, religion or political views; and
      6. the use of the domain is NOT (a) in bad faith or (b) for an illegal purpose.
    6. If any of these conditions in paragraph (e) immediately above are not fulfilled or if any of the prerequisites cease to be fulfilled at a later point in time, Registry may refuse to delegate the domain or revoke a delegation to you.
  24. ALL OTHER ccTLDs:
    1. Eligibility Requirements. You represent and warrant that every registration you are applying for in the cc TLD satisfies the eligibility requirements (“Eligibility Requirements”) established by the Registry Administrator for that specific country.

Updated 10/18/2016