This Registration Agreement
("Agreement") sets forth the terms and
conditions of your use of domain name
registration and related services
("Services"). In this Agreement "you"
and "your" refer to you and the
registrant listed in the WHOIS contact
information for the domain name. "We",
"us" and "our" refer to the registrars
listed at the
bottom of this document, any one of
which will be the registrar for your
domain name and all of which share
common ownership, common terms and
conditions, and a shared Services
infrastructure. To determine which
registrar your domain name is registered
with, perform a WHOIS lookup at
http://www.uwhois.com. You obtain
the Services first through a Primary
Service Provider, Eqwebs Ltd, with whom
we have a wholesale relationship. Your
relationship with your Primary Service
Provider may be governed by additional
terms, as you and your Primary Service
Provider may agree. "We," "us" and "our"
does not include your Primary Service
Provider, except when specifically
mentioned or unless your Primary Service
Provider is one of us (i.e. if your
Primary Service Provider is also one of
the registrars listed at
the bottom of this
document).
YOU AGREE TO THIS AGREEMENT: By using
the Service(s), you agree to all terms
and conditions of this Agreement, the
UDRP (define below) and the rules,
policies, or agreements published in
association with specific of the
Service(s) and/or which may be enforced
by ICANN, the registries, and
governments.
PASSAGE OF TIME: This Agreement will
change over time. If, as a result of
such a change, you no longer agree with
the terms of this Agreement, you agree
that your exclusive remedy is to
transfer your domain name registration
services to another registrar or request
of us that we cancel your domain name
registration services. If you continue
to use the Services following a change
in this Agreement and/or the Services,
your continued use of the Services
indicates your consent to the changes.
Any such revision or change will be
binding and effective within 30 days of
when the revised Agreement or change to
the Service(s) is posted to the website
of either the Primary or Backend Service
Providers, or 15 days after you view the
revised Agreement or 15 days after
notification is sent to the e-mail
address provided in association with
your domain name registration. You agree
to review this Agreement periodically to
make yourself aware of any such
revisions.
YOUR ACCOUNT: You must create an account
to use the Services. Your account is
typically going to be managed and/or
provided by your Primary Service
Provider. You are responsible for
maintaining and updating all login IDs,
passwords, and for all access to and use
of your account by you or any third
party.
SERVICE(S) PROVIDED AT WILL AND
TERMINATION OF SERVICE(S): We and your
Primary Service Provider may reject your
domain name registration application or
elect to discontinue providing Service(s)
to you for any reason within 30 days of
a Service initiation or a Service
renewal. Outside of this period, we and
your Primary Service Provider may
terminate or suspend the Service(s) at
any time for cause, which, without
limitation, includes registration of
prohibited domain name(s), abuse of the
Services, payment irregularities,
serious allegations of illegal conduct,
or if your use of the Services involves
us in a violation of any Internet
Service Provider's ("ISP's") acceptable
use policies, including the transmission
of unsolicited bulk email. You agree
that if we terminate or suspend the
Services provided to you under this
Agreement, that we may then, at our
option, make either ourselves or a third
party the beneficiary of Services which
are substantially similar to those which
were previously providing to you and
that any reference in this Agreement to
termination or suspension of the
Services to you includes this option. If
we have grounds to terminate or suspend
Service(s) with respect to one domain
name or in relation to other Service(s)
provided through your account, we may
terminate or suspend all Service(s)
provided through your account, including
Service(s) to other domain names. No fee
refund will be made when there is a
suspension or termination of Service(s)
for cause. At any time and for any
reason, we may terminate the Services 30
days after we send notice of termination
via mail or email, at our option, to the
WHOIS contact information provided in
association with your domain name
registration. Following notice of
termination other than for cause, you
must transfer your domain name or risk
that we may delete your domain name or
suspend or modify Services to it. If we
terminate Services for a reason other
than cause, we will attempt to refund
your fees. You further acknowledge and
agree that your registration of a domain
name is subject to suspension,
cancellation or transfer by any ICANN
procedure, by any registrar or registry
administrator procedures approved by an
ICANN-adopted policy, to correct
mistakes by us, another registrar or the
registry administrator in administering
the domain name or for the resolution of
disputes concerning the domain name.
OUR SERVICES: We are accredited
registrars with the Internet Corporation
for Assigned Names and Numbers ("ICANN")
for Top Level Domain Names ("TLDs")
(such as .com, .net, .org, .de, co.uk,
etc.). ICANN oversees registrations and
other aspects of the TLDs. Domain name
registrations are not effective until
the registry administrator puts them
into effect. For a list of registry
administrators and for more information
on TLDs, see HYPERLINK
http://www.icann.org/tlds/. Domain
name registrations are only for limited
terms, terms which end on the expiration
date. For domain names which are created
as a new registration out of the
available namespace, the term begins on
the date the domain name registration is
acknowledged by the applicable registry;
for domain names registrations which
were not returned to the available
namespace, the term begins on the date
the previous registrant's domain name
registration was acknowledged by the
applicable registry. You agree that we
and your Primary Service Provider are
not liable or responsible in any way for
any errors, omissions or any other
actions by the registry administrator
arising out of or related to a request
to register, renew, modify the settings
for, or transfer of a domain name
registration (our limitation of
liability is explained further, below).
You further agree that domain name
registration is a service, that domain
name registrations do not exist
independently from services provided
pursuant to this or a similar
registration agreement with a registrar,
and that domain name registration
services do not create a property
interest.
YOU WARRANT THAT YOUR USE OF OUR
SERVICES IS NOT GOING TO SUBJECT US TO
ANY CLAIM(S). You further agree to
indemnify, defend and hold harmless us,
your Primary Service Provider, and
applicable registry administrator(s)
(including Verisign Inc., Neulevel,
Inc., Public Interest Registry, Afilias
Limited, and other registry operators
listed at
http://www.icann.org/registries/listing.html)
and all such parties' directors,
officers, employees, and agents from and
against any and all claims, damages,
liabilities, costs, and expenses
(including any direct, indirect,
incidental, special or consequential
damages and reasonable legal fees and
expenses) arising out of, or related to,
the domain name registration services
you are obtaining from us.
NOT INCLUDED IN THE SERVICES: Without
limitation, the following are not
included in the Services: We cannot and
do not check to see whether the domain
name(s) you select, or the use you make
of the domain name(s), or other of the
Service(s), infringes legal rights of
others. It is your responsibility to
know whether or not the domain name(s)
you select or use infringes legal rights
of others. We might be ordered by a
court to cancel, modify, or transfer
your domain name; it is your
responsibility to list accurate contact
information in association with your
account and to communicate with
litigants, potential litigants, and
governmental authorities. It is not our
responsibility to forward court orders
or other communications to you. We will
comply with court orders unless you
contact us to contest the order.
IF LAWSUIT(S) ARE THREATENED: If we are
sued or threatened with lawsuit in
connection with Service(s) provided to
you, we may turn to you to indemnify us
and to hold us harmless from the claims
and expenses (including attorney's fees
and court costs). Under such
circumstances, you agree that you will,
upon demand, obtain a performance bond
with a reputable bonding company or, if
you are unable to obtain a performance
bond, that you will deposit money with
us to pay for our reasonably anticipated
expenses in relation to the matter for
the coming year. Such deposit will be
drawn down as expenses are incurred,
with all account notices sent to the
WHOIS contact information provided in
association with your domain names
and/or account. We shall not be obliged
to extend you any credit in relation to
such expenses and we may terminate the
Services for a failure to make or renew
such a deposit. We will return any
unused deposit upon the later of one
year from deposit or the conclusion of
the matter.
DISPUTE RESOLUTION POLICY: You agree to
the Uniform Domain NameDispute
Resolution Policy ("UDRP"), which is
available at
http://www.icann.org/udrp/udrp-rules-24oct99.htm
and
http://www.icann.org/dndr/udrp/policy.htm
. You agree that the UDRP may be changed
by ICANN (or ICANN's successor) at any
time. You agree that, if the
registration or reservation of your
domain name is challenged by a third
party, you will be subject to the
provisions specified in the Dispute
Policy in effect at the time your domain
name registration is disputed by the
third party. You also agree that, in the
event a domain name dispute arises with
any third party, you will indemnify and
hold us harmless pursuant to the terms
and conditions of the UDRP. You also
understand that it is important for you
to regularly monitor email sent to the
email address associated with your
account and domain names because, among
other reasons, if a dispute arises
regarding Services provided to you, you
may loose your rights to receive the
Services if you do not respond
expeditiously to an email sent in
conjunction therewith.
FEES: As consideration for the Service(s),
renewal of the Service(s), and, if you
select it, automatic renewal of the
Service(s), you agree to pay, prior to
the effectiveness of the desired
Service(s), the applicable Service(s)
fees. All fees are non-refundable, in
whole or in part, even if your domain
name registration is suspended,
cancelled or transferred prior to the
end of your then current registration
term, unless this Agreement specifically
provides for a refund. At our option, we
may require that you pay fees through a
particular payment means (such as by
credit card or by wire transfer) or that
you change from one payment provider to
another.
CREDIT CARD AND OTHER CHARGES: If you
have an issue with credit card charges,
you should contact your Primary Service
Provider (if any), first, and us,
secondarily, regarding the issue before
you contact your credit card company to
request a charge back or reversal of the
charges. In the event of a charge back
by a credit card company (or similar
action by another payment provider
allowed by us) in connection with your
payment of fees for any Service(s), you
agree that we and/or your Primary
Service Provider may suspend access to
any and all accounts you have with us
and/or your Primary Service Provider and
that all rights to and interest in and
use of any domain name registration(s)
services, website hosting, and/or email
services, including all data hosted on
our systems and/or on the systems of
your Primary Service Provider shall be
assumed by us or your Primary Service
Provider, as the case may be. We will
reinstate your rights to and control
over these Services solely at our
discretion, and subject to our receipt
of the unpaid fee(s) and our
then-current reinstatement fee,
currently set at $200(US Dollars).
Reinstatement of Service(s) by your
Primary Service Provider may be
according to the terms, if any, between
you and your Primary Service Provider
relating to reinstatement. Charges for
the Service(s) which use our credit card
payment processor will be identified on
your credit card statement as "Domain
Name Registration." We are not
responsible for how charges appear on
your credit card statement when the
transaction is processed by your Primary
Service Provider's or another third
party's credit card payment processor.
EXPIRATION AND RENEWAL OF SERVICE(S):
You acknowledge that it is your
responsibility to keep your own records
and to maintain your own reminders
regarding when your domain name
registration or other Services are set
to expire. As a convenience to you, and
not as a binding commitment, we and/or
your Primary Service Provider may notify
you via an email message or via your
account when renewal fees are due.
Should these fees go unpaid, your
Services will expire or be cancelled.
Payment must be made by credit card or
such other method as we may allow or
require from time to time. If you select
automatic renewal of the Service(s), we
may attempt to renew the Service(s) a
reasonable time before expiration,
provided your credit card or other
billing information is available and up
to date. You acknowledge that it is your
responsibility to keep your billing
information up to date and that we are
not required to, but that we may,
contact you to update this information
in the event that an attempted
transaction is not processed
successfully.
ACCOUNT CONTACT INFORMATION AND DOMAIN
NAME WHOIS INFORMATION: As further
consideration for the Service(s), you
agree to provide certain current,
complete and accurate information about
you, both with respect to your account
information and with respect to the
WHOIS information for your domain name(s).
You agree to maintain and update this
information as needed to keep it
current, complete and accurate. With
respect to you, the administrative,
technical, and billing contacts for your
domain name registration(s) and other
Service(s), you must submit the
following: name, postal address, e-mail
address, voice telephone number, and
where available, fax number. You agree
that the type of information you are
required to provide may change and you
understand that, if you do not provide
the newly required information, your
registration or and/or other Service(s)
may be suspended or terminated or may
not be renewed. Not providing requested
information may prevent you from
obtaining all Service(s). You may
provide information regarding the
name-servers assigned to your domain
name(s) and, if we are providing
name-server services to you, the DNS
settings for the domain name. If you do
not provide complete name-server
information, or if you purchase "Name
Only" Services, you agree that we may
supply this information (and point your
domain name to a website of our
choosing) until such time as you elect
to supply the name-server information or
until such time as you elect to upgrade
from "Name Only" Services.
YOUR OBLIGATIONS AND REPRESENTATIONS
RELATING TO THE ACCOUNT AND WHOIS
CONTACT INFORMATION: In the event that,
in registering a domain name or
obtaining other Service(s), you provide
information about or on behalf of a
third party, you represent 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
Agreement, and (b) that you have
obtained the third party's express
consent to the disclosure and use of
that party's information as set forth in
this Agreement. By registering a domain
name or applying for other Service(s)
you also represent that the statements
in your application are true and you
also represent that the domain name is
not being registered or the Services
being procured for any unlawful purpose.
You acknowledge that providing
inaccurate information or failing to
update information promptly will
constitute a material breach of this
Agreement and will be sufficient basis
for suspension or termination of
Services to you. You further agree that
your failure to respond for over ten
(10) calendar days to inquiries by us
concerning the accuracy of account and
WHOIS contact information shall
constitute a material breach of this
Agreement and will be sufficient basis
for suspension or termination of
Service(s) to you. As indicated
elsewhere in this Agreement, you
understand that it is important for you
to regularly monitor email sent to the
email address associated with your
account and WHOIS contact information
because, among other reasons, if a
dispute arises regarding a domain
name(s) or other Service(s), you may
loose your rights to the domain name(s)
or your right to receive the Service(s)
if you do not respond appropriately to
an email sent in conjunction therewith.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT
LIMITATION OF OUR LIABILITY: In order to
change any of your account or domain
name WHOIS information, you must access
your account with your Primary Service
Provider (if any), or your account with
us. Please safeguard your account login
identifier and password from any
unauthorized use. You agree that any
person in possession of you account
login identifier and password will have
the ability and your authorization to
modify your account and domain name
information. We will take reasonable
precautions to protect the information
we obtain from you from loss, misuse,
unauthorized access or disclosure,
alteration or destruction of that
informationand that such reasonable
precautions include procedures for
releasing account access information to
parties who claim to have lost account
access information. You agree that, if
we take reasonable precautions in
relation thereto, that IN NO EVENT SHALL
WE BE LIABLE IF SUCH REASONABLE
PRECAUTIONS DO NOT PREVENT THE
UNAUTHORIZED USE OR MISUSE OF YOUR
ACCOUNT IDENTIFIER OR PASSWORD AND THAT,
EVEN IF WE FAIL TO TAKE REASONABLE
PRECAUTIONS, THAT OUR LIABILITY UNDER
ANY CIRCUMSTANCES SHALL BE LIMITED BY
THE LIMITATION OF LIABILITY PROVISION
FOUND BELOW IN THIS AGREEMENT. If you
contact us alleging that a third party
has unauthorized access to your account
or domain names, you agree that we may
charge you administrative fees of $50
(US dollars) per hour for our time spent
in relation to the matter, regardless of
whether or not we return control over
the account and/or domain names to you.
TRANSFERS: You agree that transfer of
your domain name(s) services shall be
governed by ICANN's transfer policy,
available at
http://www.icann.org/transfers/, as
this policy may be modified from time to
time. You agree that we may place a
"Registrar Lock" on your domain name
services and that this will prevent your
domain name services from being
transferred without your authorization,
though we are not required to do so. By
allowing your domain name services to
remain locked, you provide express
objection to any and all transfer
requests until the lock is removed. To
transfer your domain name(s) you should
first login to your account to lock or
unlock your domain name(s) and/or to
obtain the EPP "AuthCode" which is
required to transfer domain services in
an EPP registry (such as .org).
Alternatively, you should contact your
Primary Service Provider to have your
domain name(s) services locked or
unlocked or to obtain the EPP
"AuthCode." If your Primary Service
Provider is unresponsive, you may
contact us to have your domain name(s)
locked or unlocked or to obtain the EPP
"AuthCode" though we may first contact
your Primary Service Provider to request
that the Primary Service Provider
address the request. Only the registrant
and the administrative contacts listed
in the WHOIS information may approve or
deny a transfer request. Without
limitation, domain name services may not
be transferred within 60 days of initial
registration, within 60 days of a
transfer, if there is a dispute
regarding the identity of the domain
name registrant, if you are bankrupt, or
if you fail to pay fees when due. We
will follow the procedures for both
gaining and loosing registrars as
outlined in ICANN's transfer policies.
Transfer requests typically take five
business days to be processed. A
transfer will not be processed if,
during this time, the domain name
registration services expire in which
event you may need to reinstate the
transfer request. You may be required to
resubmit a transfer request if there is
a communication failure or other problem
at either our end or at the registry. AS
A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU
ASSUME ALL RISK FOR FAILURE OF A
TRANSFER IF THE TRANSFER PROCESS IS
INITIATED CLOSE TO THE END OF A
REGISTRATION TERM.
PRIVACY POLICY: You agree and consent
that we will make available the domain
name registration information you
provide or that we otherwise maintain to
the following parties: ICANN, the
registry administrator(s), and to other
third parties as ICANN and applicable
laws may require or permit (including
through web-based and other on-line
WHOIS lookup systems), whether during or
after the term of your domain name
registration services of the domain
name. You hereby irrevocably waive any
and all claims and causes of action you
may have arising from such disclosure or
use of such information. Additionally,
you acknowledge that ICANN may establish
or modify the guidelines, limits and/or
requirements that relate to the amount
and type of information that we may or
must make available to the public or to
private entities, and the manner in
which such information is made
available. Information regarding ICANN's
guidelines and requirements regarding
WHOIS can be found at
http://www.icann.org/registrars/wmrp.htm,
http://www.icann.org/registrars/wdrp.htm,
and elsewhere on the ICANN website at
http://www.icann.org. You
agree that we may make publicly
available, or directly available to
third parties, some, or all, of the
information you provide, for purposes of
inspection (such as through our WHOIS
service) or for targeted marketing and
other purposes as required or permitted
by applicable laws. One of the ways that
we may make some or all of the
information you provide available to the
public or third parties is by way of
bulk WHOIS data access provided to third
parties who enter into a bulk WHOIS data
access agreement with us. Please
click here if you would like your
WHOIS information made available for
bulk access. We reserve the right to
discontinue providing bulk WHOIS data
access to third parties.
OWNERSHIP OF INFORMATION AND DATA: You
agree and acknowledge that we own all
database, compilation, collective and
similar rights, title and interests
worldwide in our domain name database,
and all information and derivative works
generated from the domain name database.
You further agree and acknowledge that
we own the following information for
those registrations for which we are the
registrar: (a) the original creation
date of the registration, (b) the
expiration date of the registration, (c)
the name, postal address, e-mail
address, voice telephone number, and
where available fax number of all
contacts for the domain name
registration, (d) any remarks concerning
the registered domain name that appear
or should appear in the WHOIS or similar
database, and (e) any other information
we generate or obtain in connection with
the provision of domain name
registration services, other than the
domain name being registered, the IP
addresses of the primary nameserver and
any secondary nameservers for the domain
name, and the corresponding names of
those nameservers. We do not have any
ownership interest in your specific
personal registration information
outside of our rights in our domain name
database.
AGENTS AND LICENSES: You agree that, if
you are registering a domain name for or
on behalf of someone else, you represent
that you have the authority to
nonetheless bind that person as a
principal to all terms and conditions
provided herein. You agree that if you
license the use of the domain name
registered to you to a third party, you
nonetheless remain the domain name
holder of record, and remain responsible
for all obligations under this
Agreement, including but not limited to
payment obligations, and providing (and
updating, as necessary) both your own
full contact information, and accurate
technical, administrative, billing and
zone contact information adequate to
facilitate timely resolution of any
problems that arise in connection with
the domain name and domain name
registration.
USE OF FREE SERVICES: In consideration
for providing additional optional
Services for which we do not charge an
additional fee, including, but not
limited to, URL forwarding, email
forwarding, free parking page, free
website hosting, free email services, or
other services which we may introduce
from time to time but for which there is
not a separate fee ("Free Services"),
you agree that, if you use such Free
Services, we may display advertising in
conjunction therewith through the use of
pop-up or pop-under browser windows,
banner advertisements, audio or video
steams, appendices to emails, or other
similar advertising means, and that we
may aggregate related usage data by
means of cookies and other similar
means. You agree that from time to time
we may provide you with free or low-cost
domain name(s) services ("Promotional
Name(s)"). If we do so, the services for
the Promotional Name(s) will be placed
in the same account as your other domain
name(s) and you will be listed as the
registrant, though we may point the
Promotional Name to IP address(es)of our
choosing. If you want to assume control
over the services provided to the
Promotional Name, including the right to
transfer or push the Promotional Name
service to other registrars or other
accounts or the ability to control the
DNS settings for the Promotional Name,
you must pay the promotional
registration fee or renewal fee, if any,
and agree to the terms of this Agreement
with respect to such Promotional
Name(s). If you do not want the
Promotional Name services, you may
request that you be removed as the
registrant of such Promotional Names and
we will be listed as the domain name
registrant. Alternatively, you may
contact us or your Primary Service
Provider to request that we delete the
Promotional Name from the namespace. For
any domain name services, including
these Promotional Names, for which you
are listed as registrant but for which
you do not pay the registration or
renewal fee, you agree that we may
assign name-servers to the domain name
and point the domain name to IP
address(es) designated by us until the
registration or renewal fee is paid.
AFTER EXPIRATION OF THE TERM OF A DOMAIN
NAME REGISTRATION: After expiration of
the term of a domain name registration
services and before deletion of the
domain name in the applicable registry's
database, you acknowledge that we may
direct the domain name to name-servers
and IP address(es) designated by us,
including, without limitation, to no IP
address or to IP address(es) which host
a parking page or a commercial search
engine that may display advertisements,
and you acknowledge that we may either
leave your WHOIS information intact or
that we may change the contact
information in the WHOIS output for the
expired domain name so that you are no
longer the listed registrant of the
expired domain name.
After expiration of the term of domain
name registration services, you
acknowledge that certain registry
administrators may provide procedures or
grace periods during which expired
domain name registrations may be
renewed. You acknowledge that you assume
all risks and all consequences if you
wait until close to or after the end of
a domain name registration term to
attempt to renew the registration. You
acknowledge that we, for any reason and
in our sole discretion, may choose not
to participate in a post-expiration
renewal of a domain name and that we
shall not be liable therefore. You
acknowledge that post-expiration renewal
or redemption processes, if any, involve
additional fees which we and your
Primary Service Provider may determine.
You acknowledge and agree that expired
domain name(s) may be made available to
be registered or re-registered to any
party at any time.
You agree that after expiration of the
term of a domain name registration we
may, for a period of 30 days, either i)
remove the domain name from the zone of
the top-level-domain (meaning that the
domain name will no longer resolve), or
ii) direct the domain name to
name-servers and IP address(es) of
website(s) designated by us, including,
without limitation, to IP address(es)
which host a parking page or a
commercial search engine. You agree that
either are functionally equivalent to
ICANN's or a registry's redemption grace
period, which would normally occur after
deletion. If we exercise our rights
under this provision, and if you do not
transfer the domain name services to
another registrar nor contact us to pay
for and renew the domain name prior to
the end of the 30 days, you agree that
you have abandoned the domain name.
After this 30 day period, you agree that
we may either (i) delete the domain name
at any time thereafter or (ii) that we
may pay the registry's registration free
or otherwise allow it to continue to be
registered with the WHOIS information
previously provided by you and pointing
to the name-server(s) and IP address(es)
designated by us, and that we will not
remove it from the TLD zone. In the
latter event, the domain name will be
designated as being in the extended
redemption grace period ("ERGP"), and
you will be allowed to assume, during
the first 120 days of the then extant
registration term, complete management
of the domain name services, including
the right to control the DNS
information, provided that you pay a fee
of $160 (US dollars). After the end of
the 120-day period, if you do not
exercise your rights under this
provision, you agree that you have
abandoned the domain name services, and
relinquish all rights and use of the
domain name services, and that you are
no longer the registrant of the domain
name, and that we may list ourselves or
another party as the registrant of the
domain name in the WHOIS information. If
we exercise our rights under this
provision and you do not wish to be
listed as the registrant and you wish to
forego your option under this provision
to pay to renew the domain name
registration services for the
then-current registration term, you may
notify us before the end of the 120-day
period and request that we remove your
information from the WHOIS record for
the domain name, in which case we, or a
third party we designate, will be listed
as the registrant, and in which case you
relinquish all rights and control over
the domain name services, and in which
case we may i) continue to point the
domain name to IP address(es) designated
by us, or ii) we may delete the domain
name from the applicable registry's
database.
Alternatively, if you do not contact us
to renew the domain name registration
services during the 30 day period
described above, you agree that we may
(i) delete the domain name at any time
thereafter or (ii) we may put the domain
name up for auction pursuant to the
terms of our Pre-Release Names auction
service, or (iii) pay the registry fee
or otherwise allow it to continue to be
registered with the WHOIS information
previously provided by you and pointing
to the name-server(s) and IP address(es)
designated by us, and that we will not
remove it from the TLD zone. In the
latter event, the name will be
designated as being in the extended
redemption grace period ("ERGP"), and
you will be allowed to assume, during
the first 90 days of the then extant
registration term, complete management
of the domain name services, including
the right to control the DNS
information, provided that you pay a fee
of $200 (US dollars). After the end of
the 90-day period, if you do not
exercise your rights under this
provision, you agree that you have
abandoned the domain name services, and
relinquish all rights and use of the
domain name services, and that you are
no longer the registrant of the domain
name, and that we may list ourselves or
another party as the registrant of the
domain name in the WHOIS information. If
we exercise our rights under this
provision and you do not wish to be
listed as the registrant and you wish to
forego your option under this provision
to pay to renew the domain name
registration services for the
then-current registration term, you may
notify us before the end of the 90-day
period and request that we remove your
information from the WHOIS record for
the domain name, in which case we, or a
third party we designate, will be listed
as the registrant, and in which case you
relinquish all rights and control over
the domain name services, and in which
case we may i) continue to point the
domain name to IP address(es) designated
by us, or ii) we may delete the domain
name from the applicable registry's
database.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR
ANY (1) SUSPENSION OR LOSS OF THE
SERVICE(S), INCLUDING, WITHOUT
LIMITATION, DOMAIN NAME REGISTRATION
SERVICES, (2) USE OF THE SERVICE(S),
INCLUDING, WITHOUT LIMITATION DOMAIN
NAME REGISTRATION SERVICES, (3)
INTERRUPTION OF OUR SERVICES OR
INTERRUPTION OF YOUR BUSINESS, (4)
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
OUR WEB SITE(S) OR SERVICE(S) OR DELAYS
OR ACCESS INTERRUPTIONS YOU EXPERIENCE
IN RELATION TO A DOMAIN NAME REGISTERED
WITH US; (5) LOSS OR LIABILITY RESULTING
FROM ACTS OF OR EVENTS BEYOND OUR
CONTROL (6) DATA NON-DELIVERY,
MIS-DELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (7) THE PROCESSING
OF AN APPLICATION FOR A DOMAIN NAME
REGISTRATION; (8) LOSS OR LIABILITY
RESULTING FROM THE UNAUTHORIZED USE OR
MISUSE OF YOUR ACCOUNT IDENTIFIER OR
PASSWORD; OR (9) APPLICATION OF THE
DISPUTE POLICY. EQWEBS LTD. 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 WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR
MAXIMUM AGGREGATE LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY YOU FOR
REGISTRATION OF THE DOMAIN NAME, BUT IN
NO EVENT GREATER THAN FOUR HUNDRED
DOLLARS ($400.00 US Dollars). BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN
SUCH STATES, OUR LIABILITY SHALL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
INDEMNITY: With respect to ICANN, the
registry operators, us, and your Primary
Service Provider, as well as the
contractors, agents, employees,
officers, directors and affiliates of
such parties, you agree to release,
indemnify, and hold such parties
harmless from all liabilities, claims
and expenses, including attorney's fees
and court costs, for third party claims
relating to or arising under this
Agreement, the Service(s) provided
hereunder, or your use of the
Service(s), including, without
limitation, infringement by you, or by
anyone else using the Service(s) we
provide to you, of any intellectual
property or other proprietary right of
any person or entity, or from the
violation of any of our operating rules
or policies relating to the Service(s)
provided. When we may be involved in a
suit involving a third party and which
is related to our Service(s) to you
under this Agreement, we may seek
written assurances from you in which you
promise to indemnify and hold us
harmless from the costs and liabilities
described in this paragraph. Such
written assurances may include, in our
sole discretion, the posting of a
performance bond(s) or other guarantees
reasonably calculated to guarantee
payment. Your failure to provide such
assurances may be considered by us to be
a breach of this Agreement by you and
may, in our sole discretion, result in
loss of your right to control the
disposition of domain name services for
which you are the registrant and in
relation to which we are the registrar
of record. This indemnification is in
addition to any indemnification required
under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU
REPRESENT THAT, TO THE BEST OF YOUR
KNOWLEDGE AND BELIEF, NEITHER THE
REGISTRATION OF A DOMAIN NAME NOR THE
MANNER IN WHICH IT IS DIRECTLY OR
INDIRECTLY USED NOR THE USE OF OTHER OF
THE SERVICE(S) INFRINGES THE LEGAL
RIGHTS OF A THIRD PARTY. YOU FURTHER
REPRESENT AND WARRANT THAT ALL
INFORMATION PROVIDED BY YOU IN
CONNECTION WITH YOUR PROCUREMENT OF THE
SERVICE(S) IS ACCURATE. ALL SERVICE(S)
ARE PROVIDED TO YOU "AS IS." EXCEPT FOR
OUR STATEMENT REGARDING OUR
ACCREDITATION AS ICANN-APPROVED DOMAIN
NAME REGISTRARS, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER, EXPRESS OR IMPLIED, IN
CONNECTION WITH THIS AGREEMENT OR THE
SERVICE(S), INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, UNLESS SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT
LEGALLY EXCLUDABLE. WITHOUT ANY
LIMITATION TO THE FOREGOING, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER THAT REGISTRATION OR USE
OF A DOMAIN NAME UNDER THIS AGREEMENT
WILL IMMUNIZE YOU EITHER FROM CHALLENGES
TO YOUR DOMAIN NAME REGISTRATION, OR
FROM SUSPENSION, CANCELLATION OR
TRANSFER OF THE DOMAIN NAME REGISTERED
TO YOU. YOU UNDERSTAND AND AGREE THAT
ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF
OUR E-MAIL FORWARDING OR OTHER EMAIL
SERVICE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA. WE MAKE NO
WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH OUR E-MAIL
SERVICE(S) OR ANY TRANSACTIONS ENTERED
INTO THROUGH OUR E-MAIL SERVICE(S). NO
ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
GOVERNING LAW AND JURISDICTION FOR
DISPUTES: Except as otherwise set forth
in the UDRP or any similar ccTLD policy
with respect to any dispute over a
domain name registration this Agreement,
your rights and obligations and all
actions contemplated by this Agreement
shall be governed by the laws of the
United States of America and the State
of Washington, as if the Agreement was a
contract wholly entered into and wholly
performed within the State of
Washington. You agree that any action
brought by you to enforce this Agreement
or any matter brought by you and which
is against or involves us and which
relates to your use of the Services
shall be brought exclusively in the
United States District Court for the
Western District of Washington, or if
there is no jurisdiction in such court,
then in a state court in King County,
Washington state. You consent to the
personal and subject matter jurisdiction
of any state or Federal court in King
County, Washington state in relation to
any dispute between you and us under
this Agreement. You agree that service
of process on you by us in relation to
any dispute arising under this Agreement
may be served upon you by first class
mail to the address listed by you in
your account and/or domain name WHOIS
information or by electronically
transmitting a true copy of the papers
to the email address listed by you in
your account and/or domain name WHOIS
information. . Notwithstanding the
foregoing, for the adjudication of third
party disputes (i.e., disputes between
you and another party, not us)
concerning or arising from use of domain
names registered hereunder, you
acknowledge and agree that you shall
submit, without prejudice to other
potentially applicable jurisdictions, to
the jurisdiction of the courts (a) of
the domain name holder's domicile, and
(b) where we are located, currently
Bellevue, W.A.
NOTICES: You agree that any notices
required to be given under this
Agreement by us to you will be deemed to
have been given if delivered in
accordance with the account and/or
domain name WHOIS information you have
provided.
INFANCY: You attest that you are of
legal age to enter into this Agreement.
GENERAL: This Agreement and the UDRP,
together with all modifications,
constitute the complete and exclusive
agreement between you and us, and
supersede and govern all prior
proposals, agreements, or other
communications. Nothing contained in
this Agreement shall be construed as
creating any agency, partnership, or
other form of joint enterprise between
the parties. The failure of us to
require your performance of any
provision hereof shall not affect the
full right to require such performance
at any time thereafter; nor shall the
waiver by us of a breach of any
provision hereof be taken or held to be
a waiver of the provision itself. In the
event that any provision of this
Agreement shall be unenforceable or
invalid under any applicable law or be
so held by applicable court decision,
such unenforceability or invalidity
shall not render this Agreement
unenforceable or invalid as a whole. We
will amend or replace such provision
with one that is valid and enforceable
and which achieves, to the extent
possible, our original objectives and
intent as reflected in the original
provision. This Agreement may not be
amended or modified by you except by
means of a written document signed by
both you and an authorized
representative of us.
THE FOLLOWING REGISTRARS ARE REFERRENCED
IN THIS DOCUMENT:
eNombre Corporation
eNom, Incorporated
Fushi Tarazu, Incorporated
Internet Internal Affairs Corporation
SicherRegister, Incorporated
Sipence, Inc.
|