This VirtualNIC.com Domain Name Registration Agreement ("Agreement") is
by and between VirtualNIC.com ("VirtualNIC.com") a/an individual and
You, Your heirs, agents, successors and assigns ("You"), and is made
effective as of the date of electronic execution. This Agreement sets
forth the terms and conditions of Your use of VirtualNIC.com's Domain
Name Registration and represents the entire agreement between You and
VirtualNIC.com. By participating in this transaction, You acknowledge
that You have read, understand and agree to be bound by all the terms
and conditions of this Agreement, including our
dispute policy and the
ICANN Transfer Dispute Resolution Policy
along with any new, different or additional terms, conditions or
policies, including the Universal Terms of Service which VirtualNIC.com
may establish from time to time. Such Agreements may be found
here.
In addition to transactions entered into by You on Your behalf, You
also agree to be bound by the terms of this agreement for transactions
entered into on Your behalf by anyone acting as Your Agent, and
transactions entered into by anyone who uses the account You've
established with VirtualNIC.com, whether or not the transactions were
in Your behalf. You acknowledge that VirtualNIC.com's acceptance of any
application made by You for services provided by VirtualNIC.com will
take place at the Internet Corporation for Assigned Names and Numbers
("ICANN") accredited registrar's offices located in Scottsdale,
Arizona, USA.
You acknowledge that VirtualNIC.com or its
licensor is a registrar bound by an agreement between VirtualNIC.com or
its licensor and ICANN. You agree that VirtualNIC.com or its licensor
may modify this agreement in order to comply with applicable law and
the terms and conditions set forth by the ICANN and/or the Registry
Administrator chosen by ICANN, as well as any registration rules or
policies that may be published from time to time by VirtualNIC.com or
its licensor .
1. fees
In consideration for the services and products ("service") purchased by
You and provided to You by VirtualNIC.com, You agree to pay
VirtualNIC.com at the time service is provided. Payment is to be made
by You by providing either a valid credit card, an online check, or
using "
Good As Gold"
to establish a cash reserve for charge by VirtualNIC.com (collectively,
the "Payment Method"). Personal checks and money orders may only be
used only to fund "Good As Gold" (GAG) accounts, must be for payments
of $100 or more, and issued in U.S. dollars for the full amount
required at that time. Personal checks under $1,000 are subject to the
same processing fees as wire transfers. All personal checks will be
delayed fourteen (14) days until the money is credited, which may delay
Your usage of the product or service, and any check that bounces will
result in a $25 bounced check fee. If You purchase an automatically
renewing service or product by personal check, it is Your
responsibility to make payment arrangements for each renewal payment.
You understand that ICANN requires VirtualNIC.com to collect a small
registration fee when you purchase your domain name registration. You
agree to pay such fees. Payments are non-refundable. If for any reason
VirtualNIC.com is unable to charge Your Payment Method for the full
amount owed VirtualNIC.com for the service provided, or if
VirtualNIC.com is charged a penalty for any fee it previously charged
to your Payment Method, You agree that VirtualNIC.com may pursue all
available remedies in order to obtain payment. You agree that among the
remedies VirtualNIC.com may pursue in order to effect payment, shall
include but will not be limited to, immediate cancellation without
notice to You of any domain names registered or renewed on Your behalf.
VirtualNIC.com reserves the right to charge a reasonable service fee
for administrative tasks outside the scope of its regular services.
These include, but are not limited to, customer service issues that
cannot be handled over email but require personal service, and disputes
that require legal services. These charges will be billed to the
Payment Method we have on file for You. You may change your Payment
Method at any time by logging into Your
Account Manager.
Domain Name Renewals
When You register a domain name, You have the option to elect that the
domain name be automatically renewed upon reaching the expiration date.
Automatic renewal is the default setting, which You must deactivate if
You do not want Your domain name(s) to be automatically renewed. Unless
You disable the automatic renewal option, VirtualNIC.com will
automatically renew, for a period equivalent to the length of your
original registration, any domain name that is up for renewal and will
take payment from the Payment Method You have on file with
VirtualNIC.com, at VirtualNIC.com's then current rates. Thus, if you
have chosen to register your domain name for one year, VirtualNIC.com
will automatically renew it for one year. If you have chosen to
register your domain name for two years, VirtualNIC.com will
automatically renew it for two years, and so on. Domain name renewals
will be non refundable. If for any reason VirtualNIC.com is not able to
take the payment from the Payment Method You have on file, and You fail
to respond to our notices, Your domain name registration will expire.
It is Your responsibility to keep Your Payment Method information
current, which includes the expiration date if you are using a credit
card. If You do not elect that the domain name be automatically
renewed, You have the responsibility of logging into Your account
manager for that domain name and manually implementing the renewal by
the expiration date (should You in fact want the domain name to be
renewed). In this case, if You fail to manually implement the renewal
in a timely fashion the domain name will be cancelled and You will no
longer have use of that name. You agree that VirtualNIC.com will not be
responsible for cancelled domain names that You fail to renew, either
automatically or manually. In any case, if You fail to renew Your
domain name in a timely fashion, additional charges may apply. If You
signed up for domain masking, domain forwarding, or any other similar
service, with Your domain registration, these services may be
automatically renewed when Your domain registration is up for renewal,
and You may incur an additional renewal fee unless You cancel in
advance.
If you fail to renew your domain name, you agree
that VirtualNIC.com may, at its sole discretion, renew your expired
domain name on your behalf. If VirtualNIC.com decides to renew your
expired domain name on your behalf you will have a Renewal Grace Period
during which you may reimburse VirtualNIC.com for the renewal and keep
your domain name. The Renewal Grace Period is currently 12 days but
subject to change under the terms of Section 2 of this Agreement. If
you do not reimburse VirtualNIC.com for the renewal during the Renewal
Grace Period your domain name will be placed on Hold and flagged for
deletion after which you will have a 30 day redemption period during
which you may pay VirtualNIC.com a Redemption fee and redeem your
domain name. The Redemption fee is currently $80 USD and is subject to
change under the terms of Section 2 of this agreement. If you do not
redeem your domain name prior to the end of the 30 day redemption
period VirtualNIC.com may, at its sole discretion, delete your domain
name or transfer it to another registrant on your behalf.
If
your domain is deleted, the Registry also provides a 30 day Redemption
Grace Period during which you may pay VirtualNIC.com a redemption fee
and redeem your domain name. The redemption fee is currently $80 USD
and is subject to change under the terms of Section 2 of this
agreement. If you do not redeem your domain name prior to the end of
the Registry’s Redemption Grace Period the Registry will release your
name and it will become available for registration on a
first-come-first-served basis.
2. term of agreement; modifications
The term of this agreement shall continue in full force and effect as
long as You have any domain name registered through VirtualNIC.com. You
agree that You will not transfer any domain name registered through
VirtualNIC.com to another domain name registrar during the first sixty
(60) days from its initial registration date. You further agree that
VirtualNIC.com may charge You a small fee if You cancel Your domain
within the five (5) day grace period after registering Your domain with
VirtualNIC.com and VirtualNIC.com refunds the price of Your domain.
VirtualNIC.com will not charge You a fee if VirtualNIC.com cancels Your
domain name during this period because of fraud. Provided, however, the
five (5) day grace period does not apply to Premium Domains, which are
non-refundable.
You agree that VirtualNIC.com may modify this
agreement from time to time. VirtualNIC.com may also discontinue
services it provides under this agreement. You agree to be bound by any
changes VirtualNIC.com may reasonably make to this agreement when such
changes become effective. Should You elect to cancel Your agreement
with VirtualNIC.com You will not receive a refund for any fees You may
have paid to VirtualNIC.com.
You agree that VirtualNIC.com
shall not be bound by any representations made by third parties who You
may use to purchase services from VirtualNIC.com, and that any
statements of a general nature, which may be posted on VirtualNIC.com's
web site or be contained in VirtualNIC.com's promotional materials,
will not bind VirtualNIC.com.
3. up to date information; use of information and expiration
You agree to notify VirtualNIC.com within five (5) business days when
any of the information You provided as part of the application and/or
registration process changes. It is Your responsibility to keep this
information in a current and accurate status. Failure by You, for
whatever reason, to provide VirtualNIC.com with accurate and reliable
information on an initial and continual basis, shall be considered to
be a material breach of this agreement. Failure by You, for whatever
reason, to respond within five (5) business days to any inquiries made
by VirtualNIC.com to determine the validity of information provided by
You, shall also be considered to be a material breach of this
agreement. You agree to retain a copy for Your record of the receipt
for purchase of Your domain name.
You agree that for each
domain name registered by You, the following contact data is required:
postal address, email address, telephone number, and if available, a
facsimile number for the registered name holder and, if different from
the registered name holder, the same contact information for, a
technical contact, an administrative contact and a billing contact
You acknowledge and agree that domain name registration requires that
this contact information, in whole or in part, be shared with the
registry operator. As required by ICANN, this information must also be
made publicly available by means of Whois, and that the registry
operator may also be required to make this information publicly
available by Whois. Both VirtualNIC.com and the registry operator may
be required to archive this information with a third party escrow
service. You hereby consent and give permission for all such
requirements and disclosures. Further, You represent and warrant that,
if You are providing information about a third party, You have notified
the third party of the disclosure and the purpose for the disclosure
and You have obtained the third party's consent to such disclosure.
You agree that for each domain name registered by You the following
information will be made publicly available in the Whois directory as
determined by ICANN Policy and may be sold in bulk as set forth in the
ICANN agreement:
- The domain name
- Your name and postal address
- The email address, postal address, voice and fax numbers for technical and administrative contacts
- The Internet protocol numbers for the primary and secondary name servers
- The corresponding names of the name servers
- The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, VirtualNIC.com may
make use of the publicly available information You provided during the
registration process. If You engage in the reselling of domain names
You agree to provide any individuals whose personal information You've
obtained, information about the possible uses of their personal
information pursuant to ICANN policy. You also agree to obtain consent,
and evidence of consent, from those individuals for such use of the
personal information they provide.
You agree to be bound by our current Dispute Resolution Policy. This
policy is incorporated herein and made a part of this agreement. You
can view the
Uniform Domain Name Dispute Resolution Policy
online. You agree that VirtualNIC.com may from time to time modify its
Dispute Resolution Policy. VirtualNIC.com will post any changes to its
Dispute Resolution Policy at least 30 days before they become
effective. You agree that by maintaining Your domain name registrations
with VirtualNIC.com after the updated policy becomes effective that You
agree to the Dispute Resolution policy as amended. You agree to review
VirtualNIC.com's web site periodically to determine if changes have
been made to the Dispute Resolution Policy. If You cancel Your
agreement with VirtualNIC.com as a result of the modified Dispute
Resolution policy no fees will be refunded to You.
You agree that if a dispute arises as a result of one or more domain names You
have registered using VirtualNIC.com, You will indemnify, defend and
hold VirtualNIC.com harmless as provided for in this agreement. You
also agree that if VirtualNIC.com is notified that a complaint has been
filed with a governmental, administrative or judicial body, regarding a
domain name registered by You using VirtualNIC.com, that
VirtualNIC.com, in its sole discretion, may take whatever action
VirtualNIC.com deems necessary regarding further modification,
assignment of and/or control of the domain name deemed necessary to
comply with the actions or requirements of the governmental,
administrative or judicial body until such time as the dispute is
settled. In this event You agree to hold VirtualNIC.com harmless for
any action taken by VirtualNIC.com.
5. transfer of domain names; resale practices
If You transfer any domain name You agree to provide the information
required by, and to abide by, the procedures and conditions set forth
in our
Domain Transfer Agreement .
You may view the latest version of our Domain Transfer Agreement
online. In order to further protect Your domain, any domain registered
with VirtualNIC.com or transferred to VirtualNIC.com shall be placed on
lock status. The domain must be placed on unlock status in order to
modify any of the Whois information including the name servers, or
initiate a transfer of the domain name away from VirtualNIC.com to a
new Registrar. You may log into Your account with VirtualNIC.com at any
time after Your domain name has been successfully transferred to
VirtualNIC.com, and change the status to unlock.
In the event
You are purchasing a domain name on behalf of a third party, You agree
to inform any customer of Yours, who may be acquiring a domain name
through You using VirtualNIC.com's registration services, that they are
in fact registering their domain name through VirtualNIC.com and that
VirtualNIC.com is an accredited registrar with ICANN. You agree not to
represent that You are an ICANN accredited registrar or that You are in
any way providing superior access to the ICANN Domain Name Registry.
You also agree not to use the ICANN trademark logo in any of Your
promotional materials including Your web site.
You agree to
obtain each of Your customers' acceptances of VirtualNIC.com's then
current Domain Registration Agreement, and to retain evidence of their
acceptance for a period of not less than three (3) years. Should You
require that Your customers accept additional terms and conditions that
are not required by VirtualNIC.com, You agree that such additional
terms and conditions shall not conflict with VirtualNIC.com's Domain
Registration Agreement and the policies and business procedures adopted
by ICANN.
You agree that VirtualNIC.com is not lending You
access to its registrar connections or its registry access, nor will
You be deemed to be a registrar in Your own right. Furthermore, You
agree You will not attempt to gain access to VirtualNIC.com's registrar
connections or registry access. You agree to provide complete, accurate
and current data for each registrant to be added to a registry in
accordance with ICANN requirements for inclusion in the Whois database.
You agree to provide Your customers with adequate customer
support, and to maintain contact with them with regard to providing a
medium for them to communicate changes in the information they provided
as part of the domain name registration process. Upon receiving
corrected or updated information You will, within 5 business days,
provide such information to VirtualNIC.com so VirtualNIC.com may update
its registration records. You will retain copies of all communications
between You and Your customers and will upon request provide
VirtualNIC.com copies of same.
6. suspension of services; breach of agreement
You agree that, in addition to other events set forth in this
agreement, (i) Your ability to use any of the services provided by
VirtualNIC.com is subject to cancellation or suspension in the event
there is an unresolved breach of this agreement and/or suspension or
cancellation is required by any policy now in effect or adopted later
by ICANN, and (ii) Your registration of any domain names shall be
subject to suspension, cancellation or transfer pursuant to any ICANN
adopted specification or policy, or pursuant to any VirtualNIC.com
procedure not inconsistent with an ICANN adopted specification or
policy, (1) to correct mistakes by VirtualNIC.com or the registry
operator in registering any domain name or (2) for the resolution of
disputes concerning any domain name.
You agree that Your
failure to comply completely with the terms and conditions of this
agreement and any VirtualNIC.com rule or policy may be considered by
VirtualNIC.com to be a material breach of this agreement and that
VirtualNIC.com may provide You with notice of such breach either in
writing or electronically (i.e. email). In the event You do not provide
VirtualNIC.com with material evidence that You have not breached Your
obligations to VirtualNIC.com within ten (10) business days,
VirtualNIC.com may terminate its relationship with You and take any
remedial action available to VirtualNIC.com under the applicable laws.
Such remedial action may be implemented without notice to You and may
include, but is not limited to, canceling the registration of any of
Your domain names and discontinuing any services provided by
VirtualNIC.com to You. No fees will be refunded to You should Your
agreement be cancelled or services be discontinued because of a breach.
VirtualNIC.com's failure to act upon or notify You of any
event, which may constitute a breach, shall not relieve You from or
excuse You of the fact that You have committed a breach.
7. restriction of services; right of refusal
You agree not to use the services provided by VirtualNIC.com, or to
allow or enable others, to use the services provided by VirtualNIC.com
for the purposes of:
- The transmission of unsolicited email (Spam).
- Repetitive, high volume inquires into any of the services provided by VirtualNIC.com (i.e. domain name availability, etc.).
If You are hosting Your domain's domain name servers ("DNS") on
VirtualNIC.com's servers, or are using our systems to forward a domain,
URL, or otherwise to a system or site hosted elsewhere, or if You have
your domain name registered with VirtualNIC.com, You are responsible
for ensuring that there is no excessive overloading on VirtualNIC.com's
DNS systems. You may not use VirtualNIC.com's servers and Your domain
as a source, intermediary, reply to address, or destination address for
mail bombs, Internet packet flooding, packet corruption, or other
abusive attack. Server hacking or other perpetration of security
breaches is prohibited. You agree that VirtualNIC.com reserves the
right to deactivate Your domain name from its DNS system if
VirtualNIC.com deems it is the recipient of activities caused by your
site that threaten the stability of its network.
You agree
that VirtualNIC.com, in its sole discretion and without liability to
You, may refuse to accept the registration of any domain name.
VirtualNIC.com also may in its sole discretion and without liability to
You delete the registration of any domain name during the first thirty
(30) days after registration has taken place. VirtualNIC.com may also
cancel the registration of a domain name, after thirty (30) days, if
that name is being used, as determined by VirtualNIC.com in its sole
discretion, in association with spam or morally objectionable
activities. Morally objectionable activities will include, but not be
limited to: activities designed to defame, embarrass, harm, abuse,
threaten, slander or harass third parties; activities prohibited by the
laws of the United States and/or foreign territories in which You
conduct business; activities designed to encourage unlawful behavior by
others, such as hate crimes, terrorism and child pornography;
activities that are tortious, vulgar, obscene, invasive of the privacy
of a third party, racially, ethnically, or otherwise objectionable;
activities designed to impersonate the identity of a third party; and
activities designed to harm or use unethically minors in any way. In
the event VirtualNIC.com refuses a registration or deletes an existing
registration during the first thirty (30) days after registration, You
will receive a refund of any fees paid to VirtualNIC.com in connection
with the registration either being canceled or refused. In the event
VirtualNIC.com deletes the registration of a domain name being used in
association with spam or morally objectionable activities, no refund
will be issued.
8. limitation of liability
You agree that VirtualNIC.com's entire liability to you under this
agreement, and your only remedy, in connection with any service
provided by VirtualNIC.com, to you under this agreement, and for any
breach of this agreement by VirtualNIC.com, shall be limited to the
fees you paid to VirtualNIC.com for the particular service in
contention. VirtualNIC.com and its agents and contractors shall not be
liable for any direct, indirect incidental, special, or consequential
damages resulting from the use of or inability to use any of
VirtualNIC.com's services or for the cost of obtaining substitute
services. Because certain states do not permit the limitation of
elimination of liability for certain types of damage, VirtualNIC.com's
liability shall be limited to the smallest amount permitted by law.
VirtualNIC.com disclaims any loss or liability resulting from:
- access delays or interruptions to our web site or domain name registration system
- data non-delivery or mis-delivery between You and VirtualNIC.com
- events beyond our control (i.e. acts of God)
- the loss of registration or processing of a domain name or the use of a domain name
- the failure for whatever reason to renew a domain name registration
- the unauthorized use of Your account with VirtualNIC.com or any of services provided to You by VirtualNIC.com
- errors, omissions or misstatements
- deletion of, failure to store, or failure to process or act upon email messages
- processing of updated information to Your registration record
- development or interruption of Your web site
- errors taking place with regard to the processing of Your application
- application of VirtualNIC.com's Dispute Resolution Policy
- any act or omission caused by You or Your agent (whether authorized by You or not)
9. indemnity
You
agree to release, defend, indemnify and hold harmless VirtualNIC.com
and its contractors, agents, employees, offices, directors,
shareholders and affiliates from and against any losses, damages or
costs, including reasonable attorney's fees, resulting from any claim,
action, proceeding suit or demand arising out of or related to Your
(including Your agents, affiliates or anyone using Your account with
VirtualNIC.com whether or not on Your behalf, and whether or not with
Your permission) use of the services provided by VirtualNIC.com. Should
VirtualNIC.com be notified of a pending law suit, or receive notice of
the filing of a law suit, VirtualNIC.com may seek a written
confirmation from You concerning Your obligation to indemnify
VirtualNIC.com. Your failure to provide such a confirmation may be
considered a breach of this agreement.
10. representation and warranties
You warrant that all information provided by You as part of the
registration process is complete and accurate. You also warrant that
each registration You make is being done so in good faith and that You
have no knowledge of it infringing upon or conflicting with the legal
rights of a third party or a third party's registration, trademark or
trade name. You also warrant that the domain name being registered will
not be used in connection with any illegal activity.
You
agree that VirtualNIC.com makes no representations or warranties or any
kind in connection with this agreement and specifically makes no
guaranty to You against the possibility of objection to, or challenge
of, the registration or use of any domain name You register with
VirtualNIC.com.
VirtualNIC.com expressly reserves the right
to deny, cancel or transfer any registration that it deems necessary,
in its discretion, to protect the integrity and stability of the
registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of VirtualNIC.com, as well as its affiliates,
subsidiaries, officers, directors and employees. VirtualNIC.com also
reserves the right to freeze a domain name during resolution of a
dispute.
11. disclaimer of warranties
VirtualNIC.com expressly disclaims all warranties of any kind, whether
express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. VirtualNIC.com makes no warranty that its service(s)
will meet your requirements, or that the service(s) will be
uninterrupted, timely, secure, or error free, or that defects will be
corrected. VirtualNIC.com does not warrant, nor make any
representations regarding the use, or results of, any of the services
it provides, in terms of their correctness, accuracy, reliability, or
otherwise.
12. severability; entirety
You agree that the terms of this Agreement are severable. If any part
of this Agreement is determined to be unenforceable or invalid, that
part of the agreement will be interpreted in accordance with applicable
law as closely as possible, in line with the original intention of both
parties to the Agreement. The remaining terms and conditions of the
Agreement will remain in full force and effect.
You agree
that this agreement including the policies it refers to (i.e. our
Dispute Resolution Policy, etc.) constitute the complete and only
agreement between You and VirtualNIC.com regarding the services
contemplated herein.
13. venue; waiver of trial by jury
This agreement shall be deemed entered into in the state of Arizona.
Except for all disputes concerning the use of a domain name registered
with VirtualNIC.com, the laws and judicial decisions of Maricopa
county, Arizona, shall be used to determine the validity, construction,
interpretation and legal effect of this agreement. For the adjudication
of disputes concerning or arising from the use of a domain name
registered with VirtualNIC.com, You shall submit, without prejudice to
other potential applicable jurisdictions, to the jurisdiction of the
courts (1) of Your domicile and (2) where VirtualNIC.com is located.
You agree that any action relating to or arising out of this agreement,
shall be brought in the courts of Maricopa county, Arizona.
You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.
14. notices
agree that all notices (except for notices concerning breach of this
agreement) from VirtualNIC.com to You may be posted on our web site and
will be deemed delivered within thirty (30) days after posting. Notices
concerning breach will be sent either to the email address You have on
file with VirtualNIC.com or mailed first class postage to the postal
address You have on file with VirtualNIC.com. In both cases, delivery
shall be deemed to have been made five (5) days after the date sent.
Notices from You to VirtualNIC.com shall be made either by email, sent
to the address we provide on our web site, or first class mail to our
address at:
Domain Services C/O VirtualNIC.com, 14455 North
Hayden Rd., Suite 219, Scottsdale, AZ 85260 Delivery shall be deemed to
have been made by You to VirtualNIC.com five (5) days after the date
sent.
15. provisions specific to all registrations
You
agree to be bound by the rules, policies, and agreements of each
Registry from which You purchase a domain registration, which may
include, but are not limited to, Top Level Domain Registries and Second
Level Domain Registries.
16. provisions specific to .COM, .NET, AND .CC registrations
Indemnification
You agree to indemnify, defend and hold harmless the .COM, .NET, and
.CC Registry Operator, VeriSign, Inc., and its directors, officers,
employees, agents, and affiliates from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable legal
fees and expenses arising out of or relating to the Registered Name
holder's domain name registration.
17. provisions specific to .ORG registrants
Indemnification
You agree to indemnify, defend and hold harmless the .ORG Registry
Operator, Public Interest Registry, and its subcontractors,
shareholders, directors, officers, employees, agents, and affiliates
from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses arising out of
or relating to the Registered Name holder's domain name registration.
This indemnification requirement shall survive the termination or
expiration of the registration agreement.
18. provisions specific to .INFO registrants
Indemnification
You agree to indemnify, defend and hold harmless the .INFO Registry
Operator, Afilias Limited, and its subcontractors, shareholders,
directors, officers, employees, agents, and affiliates from and against
any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses arising out of or relating to the
Registered Name holder's domain name registration. This indemnification
requirement shall survive the termination or expiration of the
registration agreement.
19. provisions specific to .WS (WEBSITE) registrations
Indemnification
You agree to indemnify, defend and hold harmless the .WS Registry
Operator, Global Domains International, Inc., and its directors,
officers, employees, agents, and affiliates from and against any and
all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses arising out of or relating to the
Registered Name holder's domain name registration.
You agree
to be bound by any registry rules, policies, and agreements for this
ccTLD. The registration policies for this ccTLD are available online
and are incorporated herein.
20. additional requirements for .INFO registrants
If You are registering a .INFO domain name You also agree to:
-
consent to the use, copying, distribution, publication, modification
and other processing of Registered Name Holder's Personal Data by the
.info Registry Operator and its designees and agents;
-
submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution
Policy ("SDRP");
- immediately correct and update the
registration information for the Registered Name during the
registration term for the Registered Name; and
- acknowledge
that the Registry Operator will have no liability of any kind for any
loss or liability resulting from the proceedings and processes relating
to the Sunrise Period or the Land Rush Period, including, without
limitation: (a) the ability or inability of a registrant to obtain a
Registered Name during these periods, and (b) the results of any
dispute over a Sunrise Registration.
21. additional requirements for .BIZ registrants
If You are registering a .BIZ domain name You also agree to:
.BIZ Restrictions
Registrations in the .BIZ TLD must be used or intended to be used
primarily for bona fide business or commercial purposes. For purposes
of the .BIZ Registration Restrictions ("Restrictions"), "bona fide
business or commercial use" shall mean the bona fide use or bona fide
intent to use the domain name or any content, software, materials,
graphics or other information thereon, to permit Internet users to
access one or more host computers through the DNS:
- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
-
To facilitate (i) the exchange of goods, services, information, or
property of any kind; or, (ii) the ordinary course of trade or
business. Registering a domain name solely for the purposes of (1)
selling, trading or leasing the domain name for compensation, or (2)
the unsolicited offering to sell, trade or lease the domain name for
compensation shall not constitute a "bona fide business or commercial
use" of that domain name.
.BIZ Certification
As a .BIZ domain name registrant, You hereby certify to the best of Your knowledge that:
- The registered domain name will be used primarily for bona fide
business or commercial purposes and not (i) exclusively for personal
use; or (ii) solely for the purposes of (1) selling, trading or leasing
the domain name for compensation, or (2) the unsolicited offering to
sell, trade or lease the domain name for compensation. More information
on the .BIZ restrictions, which are incorporated herein by reference,
are available online.
- The domain name registrant has the authority to enter into the registration agreement; and
- The registered domain name is reasonably related to the registrant's
business or intended commercial purpose at the time of registration.
Domain Name Dispute Policy
If You reserved or registered a .BIZ domain name through us, You agree
to be bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize Yourself with that policy. In
addition, You hereby acknowledge that You have read and understood and
agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
- The Uniform Domain Name Dispute Policy;
- The Start-up Trademark Opposition Policy ("STOP"); and
- The Restrictions Dispute Resolution Criteria and Rules.
The STOP sets forth the terms and conditions in connection with a
dispute between a registrant of a .BIZ domain name ("Registrant") with
any third party (other than Registry Operator or Registrar) over the
registration or use of a .BIZ domain name registered by Registrant that
is subject to the Intellectual Property Claim Service. The Intellectual
Property Claim Service a service introduced by Registry Operator to
notify a trademark or service mark holder ("Claimant") that a
second-level domain name has been registered in which that Claimant
claims intellectual property rights. In accordance with the STOP and
its associated Rules, those Claimants will have the right to challenge
registrations through independent ICANN-accredited dispute resolution
providers.
The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and any party other than
the Registry Operator or Registrar over the registration and use of an
Internet domain name registered by Registrant.
The RDRP sets
forth the terms under which any allegation that a domain name is not
used primarily for business or commercial purposes shall be enforced on
a case-by-case, fact specific basis by an independent ICANN-accredited
dispute provider. None of the violations of the Restrictions will be
enforced directly by or through Registry Operator. Registry Operator
will not review, monitor, or otherwise verify that any particular
domain name is being used primarily for business or commercial purposes
or that a domain name is being used in compliance with the SUDRP or
UDRP processes.
Domain Name Dispute Policy Modifications
You agree that we, in our sole discretion, may modify our dispute
policy. We will post any such revised policy on our Web site at least
thirty (30) calendar days before it becomes effective. You agree that,
by maintaining the reservation or registration of Your domain name
after modifications to the dispute policy become effective, You have
agreed to these modifications. You acknowledge that if You do not agree
to any such modification, You may terminate this Agreement. We will not
refund any fees paid by You if You terminate Your Agreement with us.
Domain Name Disputes
You agree that, if Your use of our domain name registration services is
challenged by a third party, You will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with any third
party, You will indemnify and hold us harmless pursuant to the terms
and conditions set forth below in this Agreement. If we are notified
that a complaint has been filed with a judicial or administrative body
regarding Your use of our domain name registration services, You agree
not to make any changes to Your domain name record without our prior
approval. We may not allow You to make changes to such domain name
record until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by You and the
other party contesting Your registration and use of our domain name
registration services that the dispute has been settled. Furthermore,
You agree that if You are subject to litigation regarding Your
registration and use of our domain name registration services, we may
deposit control of Your domain name record into the registry of the
judicial body by supplying a party with a registrar certificate from
us.
Reservation of Rights VirtualNIC.com
and the .BIZ Registry Operator, NeuLevel, Inc. expressly reserve the
right to deny, cancel or transfer any registration that it deems
necessary, in its discretion, to protect the integrity and stability of
the registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of VirtualNIC.com and/or NeuLevel, Inc., as well
as their affiliates, subsidiaries, officers, directors and employees.
VirtualNIC.com and NeuLevel, Inc. also reserve the right to freeze a
domain name during resolution of a dispute.
Indemnification
You agree to indemnify, defend and hold harmless the .BIZ Registry
Operator, NeuLevel, Inc., and its directors, officers, employees,
agents, and affiliates from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses arising out of or relating to the Registered Name holder's
domain name registration. This indemnification requirement shall
survive the termination or expiration of the registration agreement.
22. provisions specific to .US registrations
You agree to be bound by any registry rules, policies, and agreements
for this ccTLD. The registration guidelines for this ccTLD are
available online and are incorporated herein. These policies may
prohibit You from changing, transferring, or assigning the name You
have submitted as Registrant. The Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name. A. Registrants must be either:
-
A natural person (i) who is a United States citizen, (ii) who is a
permanent resident of the United States of America or any of its
possessions or territories, or (ii) whose primary place of domicile is
in the United States of America or any of its possessions, or;
-
An entity or organization that is (i) incorporated within one of the
fifty (50) U.S. states, the district of Columbia, or any of the United
States possessions or territories or (ii) organized or otherwise
constituted under the laws of a state of the United States of America,
the District of Columbia or any of its possessions (including a
federal, state, or local government of the United States, or a
political subdivision thereof, and non-commercial organizations based
in the United States), or;
-
A foreign entity or organization that has a bona fide presence in the
United States of America or any of its possession or territories that
also (i) regularly engages in lawful activities (sales of goods or
services or other business, commercial or non-commercial including
not-for-profit activities) in the Unites States, or (ii) maintains an
office or other property within the United States.
B. The name servers listed for all .US domain names must be based
within the United States of America or any of its possessions or
territories.
Registrant further certifies that VirtualNIC.com has requested specific
information regarding how the Registrant meets the Nexus requirement
and that Registrant has willingly volunteered such information.
Registrant understands and agrees that such information will be
verified and will be shared with the .US Registry.
Registrant understands and agrees that if such information cannot be
verified, or if Registrant fails to continue to abide by the Nexus
Requirements, the registered domain name shall be subject to immediate
cancellation. Indemnification
You agree to indemnify and hold harmless the .US Registry Operator,
NeuStar, and its directors, officers, employees, representatives,
agents, affiliates, and stockholders from and against any and all
claims, suits, actions, other proceedings, damages, liabilities, costs
and expenses of any kind, including without limitation reasonable legal
fees and expenses, arising out of or relating to the Registrant's (i)
.US domain name registration and (ii) use of any .US registered domain
name. .US Registration Restrictions
You understand and agree that when You register one of these domains,
that You are prohibited from using any profanity in the domain name,
pursuant to the .US policy available online.
The definition of profanity can be found in the Supreme Court decision,
FCC v. Pacifica Foundation, made famous by George Carlin.
Further, You acknowledge and agree that You are not permitted to
purchase private or proxy .US registrations. You shall register for any
and all .US registrations using Your personal information, which
information You represent and warrant is current, accurate and complete.
23. provisions specific to .NAME registered items
Eligibility Requirements - Dispute Resolution
You represent and warrant that the name You are registering is Your
legal, personal name, or that You own the intellectual property rights
to that name. If at any time it is discovered that it is not Your legal
personal name, or Your intellectual property, the .NAME Registry
Operator, Global Name Registry (GNR) and VirtualNIC.com reserve the
right to cancel Your registration without refund, or transfer it to
another party. In addition to the above You agree to be bound by the
provisions of the entire Eligibility Requirements Dispute Resolution
Policy.
Consent - Defensive Registration A
Defensive Registration is a registration designed for the protection of
trademarks and service marks and may be granted to prevent a third
party from registering a variation of a trademark or the exact
trademark. If the name You wish to register is subject to a Defensive
Registration, You have three options: (i) You may register a variation
of the name, (ii) You may challenge the Defensive Registration under
the Eligibility Requirements Dispute Resolution Policy ("ERDRP"), or
(iii) You may request Consent from the Defensive Registrant. You can
request Consent by contacting the Defensive Registrant listed in the
GNR Whois database and requesting consent to register the .name domain.
If the Defensive Registrant grants consent, they must confirm in
writing that they grant consent. If the Defensive Registrant does not
grant consent, you may wish to challenge the Defensive Registration
under the ERDRP. The policy is available
online.
Acceptable Use Policy You agree to be bound by
GNR’s Acceptable Use Policy.
Among other limitations, this policy prohibits You from using your
.name Email to engage in Spamming activities. You will be limited to a
maximum of 500 messages sent from Your .name at a time.
Waiver of Liability
You agree that GNR and VirtualNIC.com will have no liability of any
kind for any loss or liability resulting from (i) the processing of
registration requests prior to live SRS launch, including, without
limitation, the ability or inability to obtain a domain name or email
address registration using these processes; or (ii) any dispute over
any domain name or email address registration, including the decision
of any dispute resolution proceeding related to any of the foregoing.
Indemnification
You agree to indemnify, defend and hold harmless GNR, and its
directors, officers, employees, agents, and affiliates from and against
any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses arising out of or relating to the
Registered Item Holder's registration. You agree that this
indemnification obligation shall survive the termination or expiration
of this Registration Agreement.
24. provisions specific to .EU registrations
.EU Registration Restrictions
You acknowledge and agree that You are not permitted to purchase
private or proxy .EU registrations. You shall register for any and all
.EU registrations using Your personal information, which information
You represent and warrant is current, accurate and complete. Further,
You acknowledge and agree that You are not permitted and shall not
attempt to register any .EU registrations unless You have a physical
presence in the European Union.
Compliance with Applicable Law
You agree to obey, comply with and be bound by any and all applicable
laws, regulations and administrative policies promulgated by the
European Registry of Internet Domain Names ("EURID").
Compliance with EURID Rules
You agree to obey, comply with and be bound by EURID rules and
regulations and any and all updates, revisions and modifications
thereto, which may be made by EURID from time to time, including, but
not limited to, their dispute policies, which may be found
here. Compliance with EURID Domain Name WHOIS Policy
You agree to obey, comply with and be bound by the EURID Domain Name
WHOIS Policy and any and all updates, revisions and modifications
thereto, which may be made by EURID from time to time, which may be
found
here. Jurisdiction
For the adjudication of disputes concerning or arising from use of the
registered .EU domain name, You agree to submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the
courts of (1) Your domicile state, (2) the State of Arizona and (3) the
United Kingdom.
Sunrise and General Pre-registration Applications
You acknowledge and agree that the submitting of a "Sunrise or General
Pre-registration Application" does not ensure that a domain name shall
be successfully awarded or registered. In the event that an application
does not result in a successful registration, the registration fee
shall be refunded. In the case of a "Sunrise Application" where an
application fee was collected, a portion of that fee shall be refunded
after the deduction of a handling fee, which You acknowledge and agree
is subject to change based on fluctuations in the US Dollar and Euro
exchange rates.
.EU Dispute Resolution/ADR EURID offers an alternative procedure for resolving disputes concerning .EU domain names, which can be found
here. When applicable, You acknowledge such procedure and agree that You shall comply with and abide by its terms and conditions.
25. OTHER COUNTRY CODE TOP LEVEL DOMAINS
You
represent and warrant that You meet the eligibility requirements of
each country code top level domain ("ccTLD") You apply for. You further
agree to be bound by any registry rules, policies, and agreements for
that particular ccTLD. These may include, but are not limited to,
agreeing to indemnify the ccTLD provider, limiting the liability of the
ccTLD provider, and requirements that any disputes be resolved under
that particular country's laws.
26. provisions specific to .AT registrations
You
understand and agree that in order to register these domains, a
pre-registration DNS validation check is required by the Registry.
27. provisions specific to .BE registrations.
You
understand and agree that in order to register these domains, a
pre-registration DNS validation check is required by the Registry.
28. provisions specific to .CO.NZ, .NET.NZ, and .ORG.NZ registrations.
You
understand and agree that in order to register these domains, a
pre-registration DNS validation check is required by the Registry.
29. additional requirements FOR .UK ( .ORG.UK , .ME.UK, .CO.UK ) registrations
You understand and agree that when You register one of these domains, that the minimum term is two years.
30. provisions specific to .BE registrants
You
agree to be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
online and are incorporated herein.
31. provisions specific to .DE registrants
You represent and warrant that You meet the eligibility requirements of
this ccTLD. You further agree to be bound by any registry rules,
policies, and agreements for this ccTLD. The registration guidelines
for this ccTLD are available
online and are incorporated herein.
.DE Registration Restrictions
You represent and warrant that You or Your administrative contact has a
German address, which cannot be a P.O. Box. You may not use the names
of other top-level domains (e.g. .ARPA, .COM, .EDU, .GOV, .INT, .NET,
.NATO, .MIL, .ORG and all country-related TLDs) or German automobile
identification numbers as domain names.
.DE Local Presence Service
If You do not provide an administrative contact ("Admin-C") with a
German address, then You shall be subject to the local presence service
terms and conditions, which are part of the registration guidelines for
this ccTLD. You also agree to the following:
-
VirtualNIC.com and You hereby request and authorize Verisign to list an
individual designated by Verisign as Admin-C for the requested DENIC
domain(s). Neither Verisign nor the Admin-C are required to monitor the
legality of the domain name use including, not limited to, contents and
services offered;
- VirtualNIC.com and You acknowledge and
agree that Verisign and/or the Admin-C may, without any liability to
You or any third-party, take such steps as in the opinion of Verisign
and/or the Admin-C are necessary in order to (a) limit Verisign's
and/or the designated Admin-C's liability related to, directly or
indirectly, the DENIC domain(s); (b) comply with any laws, regulations
or other legal requirements; and/or (c) address any letter, causes of
action, suits, proceeding, complaints, cease and desist orders and
demands of any kind or any other inquiry from DENIC or any other third
party related to the DENIC domain(s). Such actions may include, but are
not limited to, (a) disabling the website pending resolution of the
conflict and/or redirecting the DENIC domains to a blank page or
placeholder; (b) cancelling the registration of the DENIC domain
name(s); (c) ceasing administration of the domain name and placing it
in a transit state; (d) removing or replacing the Admin-C from or in
the Whois record, (e) redirecting the DENIC domain(s) to an alternate
IP address; (f) allowing the registration of the DENIC domain to lapse;
(g) transferring the registration to an individual or entity which is
awarded the registration through any court proceeding, arbitration, or
by DENIC; (h) settling any and all third party, whether threatened or
made, arising out of Your use of the DENIC domain names; and/or (i)
terminating the Local Presence Service. VirtualNIC.com and You
undertake to respond in writing to requests by Verisign and/or the
Admin-C immediately within time limits set by Verisign and/or the
Admin-C. Unless a different response deadline is requested in writing
by Verisign and/or the Admin-C, VirtualNIC.com and You agree to respond
in writing to such requests within forty eight (48) hours.
Correspondence sent to VirtualNIC.com or You shall be regarded as
delivered. Verisign or the Admin-C may, at its own discretion, request
a security for its expenses which may occur in case a third party
alleges that the use of the domain name is an infringement of laws. The
amount of security will be determined at the Admin-C discretion in
accordance with the Court Costs (GKG) and the Attorney's Remuneration
Act (RVG). The security must be paid in cash or guaranteed by a major
German bank or savings bank (Sparkasse) within the time limit set by
Verisign and/or the Admin-C.
- VirtualNIC.com AND YOU
ACKNOWLEDGE AND AGREE THAT VERISIGN AND THE ADMIN-C SHALL HAVE NO
LIABILITY TO YOU, VirtualNIC.com OR ANY THIRD-PARTY RELATED TO,
DIRECTLY OR INDIRECTLY, THE LOCAL PRESENSE SERVICES AND/OR THE EXERCISE
OF ANY OF THEIR RIGHTS UNDER THESE LOCAL PRESENSE SERVICES TERMS AND
CONDITIONS. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT
LIABILITY OR ANY OTHER BASIS, EVEN IF VERISIGN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY
FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION
OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
VERSIGN'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
- VirtualNIC.com and You
agree to release, defend, indemnify and hold harmless Verisign, its
parent companies, subsidiaries, affiliates, shareholders, agents,
directors, officers and employees and the individual designated as
Admin-C for the DENIC domain(s), from and against any and all claims
(including, but not limited to, claims of trademark infringement or
cybersquatting), demands, liabilities, losses, damages or costs,
including reasonable attorneys' fees, arising out of or related in any
way to, the Local Presence Services, the DEMINC domain(s), and/or Your
use of the DEMIN domain(s).
32. .JP registration restrictions
You represent and warrant that You have a local presence in Japan with
a home or office address. You agree that certain domains are reserved
and can only be registered by certain parties. These include:
- TLDs, other than ccTLDs, as determined by ICANN;
- Geographical-type .JP domain names that are defined as metropolitan, prefectural, and municipal labels;
- Names of primary and secondary educational organizations
- Names of organizations related to Internet management;
- Names required for .JP domain name operations; and
- Character strings which may be confused with ASCII-converted Japanese domain names.
The complete list of .JP Reserved Domains is available
online.
Additional Requirements for .JP Registrants
You agree to be bound by any registry rules, policies, and agreements
for this ccTLD, which are incorporated herein. You must choose from the
following list of Japanese Prefecture codes and submit this information
with Your order. Prefecture codes are defined as follows:
01 HOKKAIDO 13 SAITAMA 25 OSKA 37 TOKUSHIMA
02 AOMORI 14 IBARAKI 26 WAKAYAMA 38 EHIME
03 IWATE 15 TOCHIGI 27 HYOGO 39 KOCHI
04 AKITA 16 GUNMA 28 TOYAMA 40 FUKUOKA
05 YAMAGATA 17 YAMANASHI 29 FUKUI 41 SAGA
06 MIYAGI 18 SHIZUOKA 30 ISHIKAWA 42 NAGASAKI
07 FUKUSHIMA 19 GIFO 31 OKAYAMA 43 KUMAMOTO
08 NIIGATA 20 AICHI 32 SHIMANE 44 OITA
09 NAGANO 21 MIE 33 YAMAGUCHI 45 MIYAZAKI
10 TOKYO 22 KYOTO 34 TOTTORI 46 KAGOSHIMA
11 KANAGAWA 23 SHIGA 35 HIROSHIMA 47 OKINAWA
12 CHIBA 24 NARA 36 KAGAWA
33. provisions specific to .NZ registrants (.CO.NZ, .ORG.NZ, .NET.NZ)
You represent and warrant that You meet the eligibility requirements of
this ccTLD. You further agree to be bound by any registry rules,
policies, and agreements for this ccTLD. The registration guidelines
for this ccTLD are available
online and are incorporated herein.
If you are registering a Second Level Domain under this ccTLD, You
further agree to be bound by the Second Level Domain's rules, policies,
and agreements, which are incorporated and made a part of this
Agreement herein.
.NZ Registration Restrictions (.CO.NZ, .ORG.NZ, NET.NZ) You represent and warrant that You are an identifiable individual over 18 years of age or a properly constituted organization.
34. provisions specific to .AT registrants
You
represent and warrant that You meet the eligibility requirements of
this ccTLD. You further agree to be bound by any registry rules,
policies, and agreements for this ccTLD. The registration guidelines
for this ccTLD are available
here and are incorporated herein.
35. provisions specific to .UK registrants (.ORG.UK, .ME.UK, .CO.UK)
You represent and warrant that You meet the eligibility requirements of
this ccTLD. You further agree to be bound by any registry rules,
policies, and agreements for this ccTLD. The registration guidelines
for this ccTLD are available
here and the rules are available
here , and are incorporated herein.
If you are registering a Second Level Domain under this ccTLD, You
further agree to be bound by the Second Level Domain's rules, policies,
and agreements, which are incorporated and made a part of this
Agreement herein.
36. provisions specific to .CC registrants
You
represent and warrant that You meet the eligibility requirements of
this ccTLD. You further agree to be bound by any registry rules,
policies, and agreements for this ccTLD. The registration guidelines
for this ccTLD are available
online and are incorporated herein.
37. provisions specific to .TV registrants
You represent and warrant that You meet the eligibility requirements of
this ccTLD. You further agree to be bound by any registry rules,
policies, and agreements for this ccTLD. The registration guidelines
for this ccTLD are available
online and are incorporated herein.
.TV Registration Restrictions
If You are registering a multi-lingual .TV domain name, You are aware
of and agree that the domain name must be less than 16 characters in
length. The FAQ on multi-lingual .TV domain names is available
online.
38. ADDITIONAL REQUIREMENTS FOR .tw REGISTRANTS
If You are registering a .TW domain name You also agree to the following:
Compliance with Applicable Law
You agree to obey and comply with any and all applicable laws,
regulations and administrative policies promulgated by the Taiwan
Network Information Center ("TWNIC").
Compliance with TWNIC Rules
You agree to obey, comply with and be bound by TWNIC rules and
regulations and their any and all updates, revisions and modifications,
which may be made by TWNIC from time to time, including but not limited
to:
- Supervision and Guidance Regulation for Internet Protocol (IP) Address and Domain Name Registration and Management Services here .
- Guidelines for Administration of Domain Name Registration here .
- Guidelines for Authorization of Domain Name Registration Services here .
- TWNIC Domain Name Dispute Resolution Policy here .
- Rules for TWNIC Domain Name Dispute Resolution Policy here .
Right to Accept Notice
You give VirtualNIC.com the right to accept written complaints from
third parties against false and/or inaccurate Whois data and You agree
to follow any procedural regulation that may exist between the .TW
registry operator, currently NeuLevel Inc. and VirtualNIC.com.
Governing Law With regards to .TW domain names, the Domain Registration Agreement will be interpreted and governed by the Laws of Taiwan.
Indemnification
You agree to indemnify, defend and hold harmless the .TW Registry
Operator, NeuLevel, Inc., and its directors, officers, employees,
agents, and affiliates from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses arising out of or relating to the Registered Name holder's
domain name registration. This indemnification requirement shall
survive the termination or expiration of the registration agreement.
.TW Registration Restrictions
You acknowledge and agree that You are not permitted to purchase
private or proxy .TW registrations. You shall register for any and all
.TW registrations using Your personal information, which information
You represent and warrant is current, accurate and complete.
39. ADDITIONAL REQUIREMENTS FOR .cn REGISTRANTS
If You are registering a .CN domain name You also agree to:
Limitations on Registration You may not register or use a domain name that is deemed by China Internet Network Information Center (“CNNIC”) to:
- Be against the basic principles prescribed in the Constitution of the Peoples Republic of China (“PRC”);
-
Jeopardize national security, leak state secrets, intend to overturn
the government, or disrupt the state of integrity of the PRC;
- Harm national honor and national interests of the PRC;
- Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
- Violate the PRC’s religion policies or propagate cult and feudal superstition;
- Spread rumors, disturb public order or disrupt social stability of the PRC;
- Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
- Insult, libel against others and infringe other people’s legal rights and interests in the PRC; or
- Take any other action prohibited in laws, rules and administrative regulations of the PRC.
Restrictions on Transfer of cnTLD Domain Names
You understand that you may not transfer to or from a domain registrar
that is headquartered or controlled by an entity located inside China .
Jurisdiction For the adjudication of
disputes concerning or arising from use of the registered .cn Domain
Name, You agree to submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) your
domicile state, (2) Arizona, and (3) the People’s Republic of China .
Suspension of Service:
You agree that Your registration of the .cnTLD domain name shall be
subject to suspension, cancellation, or transfer pursuant to any
NeuLevel or CNNIC adopted specification or policy.
Compliance with CNNIC Dispute Resolution Policy
You agree to obey, comply with and be bound by the CNNIC Dispute
Resolution Policy and any and all updates, revisions and modifications,
which may be made by CNNIC from time to time. The CNNIC Dispute
Resolution Policy may be currently accessed
here. Right to Accept Notice
You give VirtualNIC.com the right to accept written complaints from
third parties against false and/or inaccurate Whois data and You agree
to follow any procedural regulation that may exist between the .CN
registry operator, currently NeuLevel Inc. and VirtualNIC.com.
Indemnification
You agree to indemnify, defend and hold harmless the .CN Registry
Operator, NeuLevel, Inc., and its directors, officers, employees,
agents, and affiliates from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses arising out of or relating to the Registered Name holder's
domain name registration. This indemnification requirement shall
survive the termination or expiration of the registration agreement.
.CN Registration Restrictions
You acknowledge and agree that You are not permitted to purchase
private or proxy .CN registrations. You shall register for any and all
.CN registrations using Your personal information, which information
You represent and warrant is current, accurate and complete.
40. ADDITIONAL REQUIREMENTS FOR .JOB REGISTRANTS
If You are registering a .JOB domain name You also:
- Agree to provide information regarding membership in a Human Resource Association, and the identity of any such association;
- Agree to provide the URL of Your existing company website;
-
Acknowledge that you have read, understood and agree to be bound by the
.Job's Registry-Registrant agreement as amended from time to time,
located here;
-
Warrant that you meet the eligibility requirements as provided by the
Registry and as modified from time to time, and to abide by the JOBS
Usage Policy and Terms and Conditions as amended from time to time and
stated here;
- Agree to abide by the SHRM code of professional ethics as stated here;
-
Agree to indemnify, defend and hold harmless the Registry Operator and
its subcontractors, shareholders, 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 Your domain name
registration. This indemnification obligation shall survive the
termination or expiration of this Agreement; and
- Further acknowledge and agree that the Registry Operator is an intended third
party beneficiary of this Agreement, with a right to enforce the terms
and provisions contained herein.
41. provisions specific to .AM registrants
You
acknowledge and agree to obey, comply with and be bound by any and all
registry rules, policies, and agreements, and any and all updates,
revisions and modifications thereto, for this ccTLD, which may be found
here.
42. provisions specific to .FM registrants
You
acknowledge and agree to obey, comply with and be bound by any and all
registry rules, policies, and agreements, and any and all updates,
revisions and modifications thereto, for this ccTLD, which may be found
here.
43. provisions specific to .GS, .MS, .TC and .VG registrants
You
acknowledge and agree to obey, comply with and be bound by any and all
registry rules, policies, and agreements, and any and all updates,
revisions and modifications thereto, for these ccTLDs, which may be
found
here.
44. provisions specific to .NU registrants
You
acknowledge and agree to obey, comply with and be bound by any and all
registry rules, policies, and agreements, and any and all updates,
revisions and modifications thereto, for this ccTLD, which may be found
here.
45. provisions specific to .TK registrants
You
acknowledge and agree to obey, comply with and be bound by any and all
registry rules, policies, and agreements, and any and all updates,
revisions and modifications thereto, for this ccTLD, which may be found
here.
46. provisions specific to .MOBI registrants
You
acknowledge and agree that You shall comply with the requirements,
standards, policies, procedures and practices set forth in the dotmobi
Style Guide, found
here. You consent to the monitoring of Your website as described in the dotmobi Style Guide monitoring guidelines, found
here, for compliance with the Style Guide.
Further, You acknowledge and agree that the Style Guide is subject to
modification by the dotmobi registry, with any such changes found
here, and You acknowledge and agree that You will comply with any such changes in the time allotted.
You agree to indemnify to the maximum extent permitted by law, defend
and hold harmless 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 survive the termination
or expiration of the registration agreement;
Indemnify,
defend and hold harmless 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 indemnification obligation survive the termination or
expiration of the registration agreement;
Acknowledge and
agree that notwithstanding anything in this 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
Agreement. As such, the parties to this 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
Agreement in agreeing to VirtualNIC.com 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 Agreement.
You agree to comply with ICANN requirements, standards, policies,
procedures, and practices for which dotmobi has responsibility in
accordance with the Registry Agreement between ICANN and dotmobi or
other arrangement with ICANN.
You consent to the use,
copying, distribution, publication, modification and other processing
of Your personal data by dotmobi and its designees and agents in a
manner consistent with the purposes for which Your personal data is
collected by VirtualNIC.com and submitted to dotmobi and with relevant
mandatory local data protection, law and privacy.
You shall
immediately correct and update Your registration information for Your
registered domain name(s) during the registration term for each
registered name.
You further agree to comply with operational
standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry Operator in a non-arbitrary
manner as Registry Policies, applicable to all registrars and/or
Registered Name Holders, and consistent with the Registry Agreement
shall be effective upon thirty days notice by Registry Operator to
Registrar;
You acknowledge and agree that dotmobi and
Affilias Limited, acting in consent with dotmobi, reserves the right to
deny, cancel or transfer any registration that it deems necessary, in
its discretion (i) to protect the integrity and stability of the
registry; (ii) to comply with all applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any
dispute resolution process; (iii) to avoid any liability, civil or
criminal, on the part of dotmobi as well as its affiliates,
subsidiaries, officers, directors, representatives, employees, and
stockholders; (iv) for violations of the terms and conditions herein;
(v) or to correct mistakes made by dotmobi or any registrar in
connection with a domain name registration, and dotmobi also reserves
the right to freeze a domain name during resolution of a dispute.
You acknowledge and agree to be bound by the terms and conditions of
the initial launch and general operations of the 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: (a)
the ability or inability of a registrant to obtain a Registered Name
during these periods, and (b) the results of any dispute made during
the limited industry launch or over a Sunrise Registration.
You 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.