As used in this Agreement, the following terms have the following meanings:
(a) "You", "your" and registrant refer to each customer, that is, each person who registers a domain name with DotRegistrar, and/or opens an account with DotRegistrar either for that person or on behalf of a third party;
(b) "we," "us," and "our" refer to DotRegistrar;
(c) "Services" refers to the domain services provided by us as offered through DotRegistrar.com, the Registration Service Provider ("RSP");
(d) "Account" means a wholesale account opened with DotRegistrar for the registration of domain names and the payment for such registrations;
(e) "Account Information" refers to information about you as may be required by our domain name registration, reservation, renewal, transfer processes or keyword registration, renewal, and by our process for opening a new wholesale account;
(f) "Registrar" means a domain name registrar, whether or not accredited by ICANN or any other TLD administrator;
(g) "Top Level Domain" means the highest-level extension of a domain name, i.e., .com, .net., org., .info, .biz, .name;
(h) "Registry" means the domain name registry associated with the Top Level Domain of the domain name you have register and in the case of Keywords an entity that (a) acts as the sole central registry for Keywords associated with a particular Country Code and (b) subject to certain limitations, has the exclusive right to set prices to other Registries for Keywords associated with that same Country Code.
(i) In order to have the required “U.S. Nexus” for .us registrations, a Registrant must be: (a) a natural person (i) who is a citizen or 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 (b) 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 or territories, or (c) an entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States of America or any of its possessions or territories.
(j) The term "New Registry" applies to a Registry associated with any new ICANN-approved Top Level Domain during the time that such Registry is in either the Sunrise Period or the Land Rush Period for such a new Top Level Domain, as well as during the time it is continuing to administer disputes and domain name allocations issues which arose during these periods;
(k) "Sunrise Period" means a specified time period, after the commencement of registrations for domain names in any new ICANN-approved Top Level Domain, during which challenges to new registrations and registrants for such domain names must be resolved through an administrative resolution process specified by the applicable New Registry; and,
(l) "Land Rush Period" means a specified period of time, commencing immediately after the conclusion of any Sunrise Period (including any "cooling-off" portion of such period) wherein multiple registrants may seek the registration of the same domain name within a New Registry, and such domain name will thereafter be allocated by the Registry.
(m)"Keywords Registry Services " means all services performed by RealNames Corporation or its designees to record and maintain a Keyword registration within the keyword registry an to enable such Keywords to resolve to their associated domain name or IP
(n) "Keyword" means a unique identifier of an Internet resource that is registered with us and capable of directing users to a corresponding URL or Internet protocol address of the referenced Internet resource when entered into a Keyword-enabled environment (including the address line of the Microsoft Browsers. For purposes of this Agreement, there are the following three types of Keywords:
"Basic Keyword" means a Keyword that does not require Keyword Review by RealNames prior to its registration, and that at the time of navigational use, causes a Keyword window to open above the designated Web content at the top of the page, in a manner determined by RealNames at its sole discretion.
"Keyword Plus" means a Keyword that RealNames has approved through its Keyword Review process and that, at the time of navigational use, does not cause a Keyword window to open above the designated Web content.
"Exempt Keyword" means any Keyword, whether in the form of a Basic Keyword or a Keyword Plus, whose Registry has not agreed to Verisign GRS's pricing terms. As of October 2001, the Registries for the following four countries have not agreed to Verisign GRS's pricing terms: the Republic of Korea, The people's Republic of China, the republic of South Africa (as well as the other South African Development Countries), or the Kingdom of Denmark.
(o) “Country Code” means the data attribute of a keyword’s Associated Data is selected by you and represents the country of residence of the web users that are the generally intended users of the Keyword.
(p) “Keyword Review” means the review and related activities conducted by RealNames of Keywords requests, which review is required for all Keyword Plus registrations.
(q) “Review Data” means data created, owned and hosted by RealNames or its designee relating to the Review Services
(r) In this Agreement, "Keyword" shall refer to all Keyword products, including Basic Keywords and Keywords Plus. The "Registrant" is the entity that is purchasing Keyword related services, such as Keyword registrations or Keyword Review Services. "Keyword Review Services" are the services provided to determine if a proposed Keyword is eligible to be registered as a Keyword Plus. "Country Code" is the country associated with the Keyword text, which together make up the Keyword.
This Agreement explains our obligations to you, and explains your obligations to us, for various Services. By using our Services, you have agreed to establish an account with us for such Services. When you use your account, or permit someone else to use it for any purpose whatsoever (whether or not we are notified of your having given authorization to such third party to use your account), this Agreement covers such use and the service sought or rendered. By opening an account with DotRegistrar, or by using any Services under this Agreement (such as the registration or renewal of a domain name or keyword), you acknowledge that you have read, and you agree to be bound by all terms and conditions of this Agreement, and any pertinent rules or policies that are or may be published by us.
3. Rights to a Domain Name and/or Keyword:
We cannot and do not check to see whether a domain name or keyword you select, or whatever use you make of a domain name or keyword, infringes the legal rights of others. We urge you to investigate whether a domain name or keyword you select may infringe legal rights of others, and we urge you seek the advice of competent counsel for this purpose. You should consider seeking one or more trademark registrations in connection with your domain name. Also, it is possible that we might at some time be ordered by a court to cancel, modify, or transfer your domain name or keyword. If we are sued or threatened with lawsuit in connection with the registration of your domain name or keyword, we may, at our discretion, turn to you to hold us harmless and indemnify us.
As consideration for the services you use, you agree to pay us the applicable service fees. These fees can be found at http://www.DotRegistrar.com. All fees payable there under are non-refundable unless we provide otherwise. DotRegistrar reserves the right to change these fees, or to institute additional fees, at any time. As further consideration for the Services, you agree to:
(a) Pay all applicable service fees in a prompt and effective manner, or, if (at our sole discretion) credit is granted, in due time;
(b) Authorize us to delete, reassign, or auction unpaid domain names or keywords in order to cover any fees due which have not been timely paid in full, plus any legal or collection fees;
(c) Provide current, complete and accurate Account Information during any registration, reservation, renewal, or transfer process;
(d) Maintain and update your Account Information as necessary in order to keep it current, complete and accurate; and
(e) Authorize us to disclose to third parties any such Account Information for any purpose.
(f) Pay the fees posted by Dotregistrar for each Basic Keyword registered, each Keyword Plus registered, and any Keyword Review Services. In addition, you agree to pay any fees pursuant to the autorenewal of your Keywords as provided in this Service Agreement. All fees are non-refundable. In the event that Registry, or DotRegistrar does not receive full payment of all fees owed by you at the outset of your Keyword registration, RealNames, Verisign GRS or DotRegistrar may cancel your registration without prior notice. The term of registration is the term you last selected when registering the Keyword.
(g) You agree that your Keyword registration will automatically renew at the then-current price and under the then-current Registration Agreement. You will be notified of your Keyword registrations that are approaching autorenewal at least thirty (30) days prior to such autorenewal. If you do not delete the expiring Keyword on or before it's expiration date, the autorenewal will take place and Registrant will be billed. If attempts to bill Registrant fail (e.g., if the credit card on your file has expired), you are not guaranteed renewal. It is your obligation to keep its billing information accurate to ensure renewal of Keyword registrations.
(h) All Keyword registrations shall be for one (1) year terms
By completing and submitting the domain name registration, renewal, reservation, renewal, transfer applications or keyword registration, renewal applications ("Applications"), You represent and certify that, to the best of your knowledge and belief that (a) the statements you make in any such applications are true, and that the registration, reservation, renewal, transfer of the selected domain names or registration, reservation, renewal of the selected Keyword, so far as you are aware, does not interfere with or infringe upon the rights of any third party, (b) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder, (c) for .us domain name registrations you have and shall continue to have a lawful bona fide U.S. Nexus as defined in the “usTLD Nexus Requirements” document on the usTLD website (www.neustar.us), as may be modified from time to time and qualify to register to use a .us domain name. (d) you agree to comply with all applicable laws, regulations and policies of the TLD Administrators as updated from time to time.(e) You also represent that the Domain Name or Keywords not being registered, reserved, renewed, or in the case of a Domain Name transferred for any unlawful purpose.
6. Modifications to Agreement:
(a) You agree that, during the period of this Agreement, we may:
(i) revise the terms and conditions of this Agreement; and
(ii) change the services provided under this Agreement.
(b) Any such revision or change will be binding and effective immediately on posting of the revised Agreement or any change to services on our web site, or upon notification to you by email or regular mail as per the Notices provision of this agreement, Paragraph 30. You agree to review our web site, including this Agreement, periodically to apprise yourself of any such revisions or changes
(c) If, after any such revision or change has been made by us, you decide that you do not wish to be bound by such change, you may transfer any and all of your domain names registered or reserved with us to another registrar. You agree that, unless and until you transfer all such domain names in such manner, or you cancel your registration of all such domain names, in writing or by email to DotRegistrar as per Paragraph 30, you shall be bound any revisions or change made by us as described in Paragraph 6(a).
In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Identifier or Password.
8. Domain Name and Keywords Disputes:
(a) If you reserve or register a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the ICANN Uniform Dispute Registration Policy ("the Dispute Policy") as this policy may be in effect at the time any dispute arises regarding claims by third parties to any rights to your domain name. This Dispute Policy is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy and applicable rules may be found at: http://www.icann.org/udrp/. Please take the time to familiarize yourself with this policy.
(b) If you reserved or registered a .us domain name through us, you agree to be bound by the usTLD Dispute Resolution Policy (“USDRP”) and the Nexus Dispute Policy (“NDP”), policies that are incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with these policies. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the usTLD Administrator as documented on its website, http://www.neustar.us/policies/index.html, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement
(c) If you register a domain name associated with a New Registry during an applicable Sunrise period, you agree to be bound by any Sunrise Dispute Resolution Policy ("SDRP") for that Registry.
(d) In the event that a domain name dispute arises with any third party, you agree that you will indemnity and hold DotRegistrar, as well as its directors, officers, employees, and agents, harmless against all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration and any dispute concerning such registration.
(e) In the event that a domain name dispute results in a judicial proceeding, you agree to submit (without prejudice to other potentially applicable jurisdictions) to the jurisdiction of the courts of the registrant's domicile and of DotRegistrar's places of business as they may be located from time to time. Currently, DotRegistrar is located in Miami, Florida, in the U.S.A.; and the applicable courts for DotRegistrar's location are the state courts in Dade County, Florida, and the federal court of the Southern District of Florida, Dade County Division, or, for disputes about an .us domain, the Commonwealth of Virginia.
(f) You agree that the registration of a domain name shall, for the following reasons, be subject to suspension, cancellation, or transfer pursuant to any specification or policy adopted by ICANN or. usTLD Administrator, as well as to any procedures of DotRegistrar not inconsistent with an ICANN or usTLD Administrator adopted specification or policy: (i) to correct mistakes made by DotRegistrar or other ICANN us.TLD accredited registrars and the Registries in the registration of a domain name; and (ii) for the resolution of disputes concerning a domain name.
(g) If you register a Keyword through us, you are bound by the Keyword Dispute Resolution Policy (KDRP) The current version of the Dispute Policy and applicable rules may be found at: http://www.realnames.com/Virtual.asp?page=Eng_Policy_DisputeResolution. RealNames may modify this Policy during the term of your registration and you will be bound to the version of the policy in place at the time of the dispute. You agree to provide DotRegistrar with updated contact information during the term of this Agreement for purposes of facilitating dispute resolution, and understand that failure to do so is a breach of the registration agreement. For purposes of resolving disputes brought by third parties concerning or arising from Your use of a registered Keyword, you agree to submit to subject matter jurisdiction, personal jurisdiction, and venue referred to in Paragraph 8(e).
(h) You agree that we, in our sole discretion, may modify our dispute policy. 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.
(i) 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, including Registry policies incorporated by reference. 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 we are directed to do so by the judicial or administrative body. 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.
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and of those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security for or to enhance your identity on the Internet.
(a) You must provide certain information in order to register or renew a domain name with DotRegistrar, and you must keep this information up-to-date, complete and accurate if you are to maintain your registration of that domain name. This Required Information is specified in the DotRegistrar new account form, found at https://www.DotRegistrar.com/drs/newacc.pl, and includes:
(i) Contact Information: your full name, postal address, e-mail address, voice telephone number, and fax number (if available);
(ii) For Organizations: If the registrant is a partnership, union, association, corporation, or other organization, you must also provide the name and contact information of an authorized person for contact purposes;
(iii) IP Addresses and Server Names: The IP address of the primary nameserver, and of any secondary nameservers, for the domain name, and the corresponding names of those nameservers;
(iv) Technical and Administrative Contacts: The following contact information for both a technical contact and an administrative contact for the domain name:
(A) the full name, postal address, email address, voice telephone number, and (if available) fax number of the technical contact for the domain name;
(B) the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; and
(C) the name, postal address, email address, voice telephone number, and (if available) fax number of the zone contact for the domain name; and
(v) any remark concerning the registered domain name that should appear in the Whois data.
(vi) any other data that each Registry, requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.)
(vii) the Registered Name.
(b) You acknowledge that ICANN, the Department of Commerce, or the Registry for the Top Level Domain for your domain name may impose and alter guidelines, limits, and requirements relating to: the amount and type of information you must provide during the registration process; what information DotRegistrar may or must make available to the public or to private entities; and the manner in which DotRegistrar may or must make such information available. You agree to abide by such guidelines, limits, and requirements, as they exist now and as they may change from time to time.
Credit card information and a registrant's password, as those items may be provided during the registration and renewal processes, shall be treated by DotRegistrar as Personal Information. DotRegistrar shall not disclose Personal Information, except as may be required by applicable law, by the Department of Commerce policies or procedures and ICANN policies or procedures (as they may change from time to time), and, with regard to credit card information, as necessary in order to complete the transactions called for under this Agreement.
12. Maintaining Accurate and Updated Information:
Should there be any changes or errors in your Required or Personal Information as that information is specified in paragraphs 10 and 11, above, you must immediately notify DotRegistrar of those changes, errors, and any corrections. Providing inaccurate or incomplete information, or failing to update information promptly, or failing to respond within fifteen (15) calendar days to inquiries by DotRegistrar concerning the accuracy of Required Information will constitute a material breach of this Agreement, and DotRegistrar may, in its discretion, reassign, cancel or revoke the registration of your domain name for such breach.
Some domain name registrants intend to license the use of their domain name to a third party. Should you license to, or otherwise allow the use of a domain name by a third party, whether for profit or otherwise, you will nonetheless remain the registrant of record, and remain responsible for complying with the provisions of paragraphs 10, 11 and 12 above, and 15 below, regarding your own Required and Personal Information. Further, you shall remain responsible and accept liability for any and all harm caused by wrongful or unlawful use of the domain name, subject to applicable laws and to the following exception: (i) you promptly disclose the identity of the third party user to any other party which provides you with reasonable evidence of actionable harm caused through use of the domain name; and (ii) you were not involved with, nor sanctioned, encouraged, or tolerated such wrongful or unlawful use of the domain name.
14. Use and Access of Required Information:
(a) Anyone may access a registrant's Required information to the extent that information may appear on the Whois form available for that purpose on the DotRegistrar website as well as the Registries websites. The purposes for the collection of Required Information by DotRegistrar are: (i) to accurately, efficiently, and effectively process the registration application of the registrant and administer on a continuing and global basis the registration of domain names by itself and in coordination with ICANN and other ICANN accredited registrars; (ii) to identify to users of the Internet the registrants of specific domain names; (iii) to enable DotRegistrar to identify, for its own business purposes, geographic, commercial, and marketing trends in the use and registration of domain names; and (iv) to abide by the requirements of the ICANN as that body may from time to time require the disclosure and processing of Registrant Information. (v) to abide by the requirements of the USTLD Administrator/Department of Commerce policy as they may from time to time require the disclosure and processing of Registrant Information In addition, DotRegistrar may disclose any Required Information, specified in paragraph 10, above, to third parties or to the public at large, for any purpose and at its discretion. DotRegistrar does not promise or represent that any such information, once provided as part of the registration process, will be maintained in secrecy, or otherwise withheld from the public for any purpose.
(b) DotRegistrar will take reasonable precautions to protect Required Information and Personal Information from loss, misuse, unauthorized access or disclosure, alternation, or destruction, consistent with the provisions of this Agreement.
(c) We, the applicable Keyword Registry and RealNames may use your applicable personal name, company, business, firm, trade, or brand names in connection with the provision of the RealNames Service and your registration of a Keyword. However, your registration of a Keyword and your use of the RealNames Service do not grant us, the Registry or RealNames any right, title or interest in your personal name, company, business, firm, trade, or brand names, and all goodwill arising from us the Registry's or RealNames' use of those names will inure solely to your benefit. At the same time, you agree that all goodwill associated with any Keyword as an address in the RealNames Service, and any property rights in any Keyword as an address in the RealNames Service, belong to RealNames. Your registration of a Keyword and your use of the RealNames Service confer upon Registrant no intellectual property, business or competition rights.
(d) You understand and agree that for .us Domain Name Registrations Registration the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. “Data” means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded
15. Access and Modification of Required and Personal Information:
You may request a copy of your Required or Personal Information as maintained in DotRegistrar's records, and may modify or update such information. To request, modify, or update information, send an email request to DotRegistrar at admin@DotRegistrar.com. Telephone calls or written correspondence for this purpose will not be accepted. The email request must include your account name, address, email address, telephone number, and password as currently on file. All Registrant Information requested or updated in this manner will be sent or confirmed by email.
(a) DotRegistrar agrees that it shall not process the Required and Personal Information provided by you in a way which is incompatible with the purpose and other limitations set forth in paragraphs 11 and 14.
(b) You consent to the use and processing of the Required and Personal Information as described in this Agreement.
(a) You agree that our entire liability, and your exclusive remedy, with respect to any service provided under this Agreement, and any breach of this Agreement by DotRegistrar, whether inadvertent or intentional, is solely limited to the amount you paid for such service. You agree that we, Realnames, The Registries and our contractors, shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use, malfunction, or unavailability of any of the services, or for any costs incurred in obtaining substitute services. In the event that the law in which a court of competent jurisdiction and venue, as defined by this Agreement, resolving a dispute under this Agreement does not allow, or otherwise limits, the exclusion or limitation of liability for consequential or incidental damages, you agree that our liability before such courts is limited to the extent permitted by the applicable law. We disclaim, and you agree to hold us harmless from, any and all loss or liability resulting from, but not limited to:
(i) loss or liability resulting from access delays or access interruptions;
(ii) loss or liability resulting from data non-delivery or data misdelivery;
(iii) loss or liability resulting from acts of God;
(iv) loss or liability resulting from the unauthorized use or misuse of your Account Identifier or Password;
(v) loss or liability resulting from errors, omissions, or misstatements in any and all information or services provided under this Agreement; and
(vi) loss or liability resulting from the development or interruption of your Web site or email service.
(b) You agree that we will not be liable for any loss of registration, or use by a third party, of registrant's domain name; or for any interruption of business; or for any indirect, special, incidental, or consequential damages of any kind (including lost profits). Such waiver on your part of any liability on the part of DotRegistrar shall be effective regardless of the form of any action which might be brought whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. Furthermore, in no event shall our maximum liability exceed five hundred ($500.00) dollars.
a) You agree to defend, indemnify and hold harmless Dot Registrar, and any other relevant domain name Registry, as well as the contractors, agents, employees, officers, directors and affiliates of us and these registries, from all liabilities, claims and expenses (including attorney's fees) of third parties relating to or arising (i) under this Agreement, (ii) the Services provided hereunder, or (iii) your use of the services.
(b) This defense, indemnification, and hold-harmless agreement covers, without limitation, any infringement by you (or by someone else using your email service or identity) of: (i) any intellectual property or other proprietary right of any other person or entity; and (ii) the violation of any of our operating rules or policies relating to the services provided.
(c) In the event that we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify any relevant domain name registry or us. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement, and will authorize us, at our discretion and without further notice, to suspend, cancel or transfer your domain name, and to suspend or terminate your account.
(d) You acknowledge that any New Registry will have no liability of any kind for any loss or liability resulting from the proceedings or processes relating to any Sunrise or Land Rush Periods, including, without limitation: (i) the ability or inability of a registrant to obtain a Registered Name during these periods; and (ii) the results of any dispute over a registration made or sought during a Sunrise Period.
(e) You agree to defend and indemnify and hold RealNames, the Registry, the Registrar, and any Reseller and their subsidiaries, affiliates, officers, employees, agents, representatives, co-branders or other partners ("Indemnified Parties"), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your registration to, use, reference to, or advertising of a Keyword, or your violation of any rights of another. you agree that your financial obligation to an Indemnified Party(ies) pursuant to this indemnity may be billed to you at any time after it is apparent that the obligation has materialized.
You agree that your failure to abide by any provision of this Agreement, of any operating rule or policy published by us, or of the Dispute Policies, may be considered by us to be a material breach. We may provide a written notice describing such breach to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence which, in our discretion, is reasonably satisfactory that you have not breached your obligations under the Agreement, you authorize us to cancel or suspend your registration or reservation of your domain name, or terminate your account or other services we may be providing, without further notice. Any such breach by you shall not be deemed to be excused for the mere reason that we failed to recognize such breach at an earlier time, or, having recognized such breach, having failed to provide notice sooner in response to such breach. Further, no breach or remedy for any breach shall be deemed waived unless and until we provide written notice to you specifying such waiver.
(a) You agree not to abuse the services provided by DotRegistrar, whether intentionally or negligently. Abuse of service is any activity involving the use of services provided by DotRegistrar which (i) adversely affects the service that DotRegistrar can provide to other customers; (ii) adversely affects the ability of DotRegistrar to administer itself or to administer its services; (ii) adversely affects the ability of DotRegistrar to abide by ICANN or Registries policies and procedures, or by the laws or regulations of any state in which DotRegistrar customers may reside or do business; (iv) makes use of DotRegistrar's services to violate the laws or regulations of any jurisdiction in which the Internet may operate; or (v) adversely affects the legal rights of a third party.
(b) You hereby represent and agree that, to the best of your knowledge, neither the registration of the domain name, nor the manner in which it will directly or indirectly used, infringes the legal rights of any third party.
(c) Examples of abuse of service include, but are not limited to, the following:
(i) Using automated means to repeatedly, and in a continuous fashion, attempt to register domain names, or make use of Whois services to survey domain names, whether or not those domain names have been previously registered by another party, in such a manner as to pose the risk of impeding DotRegistrar from providing timely service to other subscribers;
(ii) Using domain names registered through DotRegistrar to send unsolicited mass mailings of a commercial nature to Internet users, e.g., spamming;
(iii) Using DotRegistrar's servers, without the prior authorization of DotRegistrar, as part of a method of sending anonymous email to one or more Internet users;
(iv) Registering a domain name with the intent to deprive a rightful holder of a trademark the value or benefit of that holder's use or possession of such trademark.
(d) You agree that abuse of service is a material breach of this agreement. You further agree that, in the event DotRegistrar obtains credible information that you have engaged in service abuse, it may, in addition to any remedies available under Paragraph 19 above, appropriate any and all funds you may have placed on deposit with DotRegistrar for payment of services anticipated but not yet rendered and reassign, cancel or suspend the registration of your domain name(s). At the time of such appropriation, Dot Register shall provide notice to you of its action and the basis of such action, including the specific allegation constituting abuse of service, and a brief description of the evidence that DotRegistrar currently has and intends to rely upon to establish the allegation. Any appropriated funds or domain names may be returned to you upon your demonstration, within ten days of the notice (as determined in paragraph 30) and to the satisfaction of DotRegistrar, that you have not engaged in the abuse of service specified in the notice; or upon an order of a court of competent jurisdiction under this agreement commanding such return.
(a) You understand and agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.
(b) No Guarantee of Keyword Registration or Renewal. You acknowledge and agree that RealNames, Registries, Registrars and Resellers may refuse to accept the proposed Keyword registration. In addition, you acknowledge and agree that RealNames, Registries, Registrars and Resellers cannot guarantee that you will be able to register or renew a desired Keyword, even if an inquiry indicates that the Keyword is or may be available because of the possibility of simultaneous applicants or technical mishaps or other unforeseen events.
You warrant that the information that you provide to us to register or reserve your domain name or register for other Services is, to the best of your knowledge and belief, accurate and complete, and you agree to provide any future changes to this information to us in a timely manner, and in accord with the modification procedures in place at that time. You warrant that you own the website to which your Keyword will link to, or you have express written permission from the website's owner to link your Keyword to the website; provided that "express written permission" does not include participation in affiliate or similar programs via online "click-through" agreements; You agree that you have not and will not incorporate any technology that will impair or remove any frames or windows that would otherwise be served with the web page associated with the registered Keyword following a Keyword resolution. You warrant that if the Keyword to be registered is an Adult Keyword, you have notified the registry and Dotregistrar that the registered Keyword is an Adult Keyword; You agree that you will not subject end users of the Keyword to unduly intrusive content or programs such as, but not limited to, spawning, recurring or persistent pop up windows/ads.
You agree that your use of our services is solely at your own risk. You agree that such Services are provided on an "as is," and "as available" basis. We 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. We make no warranty that the Services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the our email service, or that defects in the services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our 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 the email service or any transactions entered into through the email service. No advice or information, whether oral or written, obtained by you from us or through the email service 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.)
NEITHER REALNAMES NOR ANY REGISTRY, REGISTRAR, OR RESELLER WARRANTS THAT THE OPERATION OF THE REALNAMES SERVICE AND/OR ANY KEYWORD WILL BE WITHOUT INTERRUPTION OR ERROR FREE OR THAT ANY KEYWORD REGISTERED UNDER THIS AGREEMENT WILL BE ACCESSIBLE THROUGH ANY PARTICULAR BROWSER, SEARCH ENGINE, WIRELESS APPLICATION OR OTHER METHOD OF DISTRIBUTION. REALNAMES AND EACH REGISTRY, REGISTRAR AND RESELLER DISCLAIM ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL REALNAMES OR ANY REGISTRY, REGISTRAR OR RESELLER BE LIABLE TO REGISTRANT OR ANY OTHER THIRD PARTY FOR ANY FAILURE, DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR OTHER NON-PERFORMANCE OF THE REALNAMES SERVICE.
(a) You agree that we may, at our discretion, reassign, cancel or suspend the registration of your domain name, or terminate your right to use other services, if the Account Information which you provided or updated contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register, renew, reserve or transfer your domain name. You agree that we may, in our sole discretion, deactivate or transfer your domain name at any time subject to domain name ownership and registration rights under applicable law and the liability provisions within this agreement.
(b) You agree that your Keyword registration may be revoked, in our sole discretion, at any time, during your registration in the following circumstances:
(i) If you breach this Agreement, including any of the representations and warranties and policies that are incorporated by reference; or
(ii) If you provided materially misleading or false information during the registration process, or concealed material information during the registration process; or
(iii) If you, through Registrant's Keyword registration or use thereof, is in violation of any laws or regulations; or
(iv) At the request of any governmental entity; or
(v) In accordance with the terms of the Keyword Dispute Resolution Policy; or
(vi) If the Keyword links to a website with adult content and is not clear from the Keyword itself that it directs to such content (In this instance, the Keyword may be revoked, or may be prefixed by language indicating that it links to adult content (e.g., by adding "xxx" or "sex" to the Keyword); or
(vii) If your Keyword registration associated with a particular country violates the applicable Country Keyword Selection Policy for such country; or
(viii) If RealNames, the Registry or DotRegistrar reasonably determines that the Keyword registration risks subjecting it or its affiliates, partners, subsidiaries, officers, directors or employees to civil or criminal liability, loss, damage, or other tangible harm; or
(ix) If RealNames in its sole discretion determines that the Keyword does not benefit Internet users generally by providing them with a positive navigation experience; or
(x) To protect the integrity and stability of the overall Keyword Service; or
(xi) If a RealNames' distribution partner (such as a search engine or browser) complains that Registrant's Keyword registration denigrates the editorial quality of its service; or
(xii) If the Keyword registration violates the terms of any agreements between RealNames and its Keyword distribution partners (such as a search engine and browser).
In the event that your Keyword registration is revoked, you will receive notice that is reasonable under the circumstances (including immediate notice when that is appropriate) to either the last physical address or the last email address furnished by you. You will not receive a refund of any fees that you have paid nor a substitute Keyword registration if a Keyword registration is revoked.
(c) Dotregistrar and the TLD Administrators reserve the right to deny, cancel or transfer any registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of TLD Administrators or DotRegistrar as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by TLD Administrators or any registrar in connection with a domain name registration. TLD Administrators and DotRegistrar also reserve the right to freeze a domain name during resolution of a dispute.
We, in our sole discretion, reserve the right to refuse to register, renew, reserve, or transfer your chosen domain name, or provide you with other services, or cancel or suspend the registration of your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register, renew, reserve, or transfer your domain name or provide you with other Services, or we cancel or suspend your domain name or other services within such thirty (30) calendar day period, we agree to refund your applicable fees. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, renew, reserve, or transfer your domain name; from our cancellation or suspension of the registration of your domain name; or from our refusal to provide you with other services.
25. Transfer of Domain Name by Registrant:
(a) You may request a transfer of the registration a domain name from another Registrar to DotRegistrar. Alternatively, you may request a transfer of a domain name from registration with DotRegistrar to registration with another Registrar. Under either circumstance, no such request for a transfer will be honored by DotRegistrar for a period sixty (60) days after your initial registration of the domain name, that is, upon your initial registration of the name, regardless of whom your initial Registrar might have been, DotRegistrar will not honor any transfer request, to or from DotRegistrar, for a period of sixty days (commencing on the day after such registration); thereafter, DotRegistrar will honor your requests for transfers of your domain name as frequently as you may desire.
(b) DotRegistrar has the right to verify the authenticity of a domain name transfer request, and may reject any such request, in its own discretion, absent credible proof that you or your agent has requested or authorized the transfer of the name.
Adherence to Policies. You agree to the following policies that are incorporated into the Service Agreement: the Country Keyword Selection Policy(ies), if any, for each Country corresponding to a Keyword registered by you; the KDRP; and the applicable Dotregistrar Privacy Statement.
(a)Keyword Assignability. You may not transfer or assign any rights in a Keyword registration to any third party except to the surviving entity in the case of a merger or consolidation, or to a person or entity acquiring all of substantially all of Registrant's assets.
(b) Keyword Review Services. In the event that you have elected to purchase Keyword Review Services, you understand and agree that the Review Services Fee is solely for the service of reviewing the proposed Keyword's suitability as a Keyword and do not guarantee that such proposed Keyword will be approved as any type of Keyword. You agree that the party providing the Keyword Review Services may, in its sole discretion, approve or reject an application for Keyword Review. You explicitly agree to pay the applicable Review Services Fee whether or not the proposed Keyword is approved or declined as a Keyword and whether or not you receive any suggested Keywords in response to its Keyword Review Services purchase.
(c) Keyword Modifications. You may not modify the text of your Keyword or the associated Country Code once it has been registered. You may update, and are required to update, your account information as it changes.
Keyword Editorial Quality and Complaints. You understand and agree that the Keyword service is designed for the benefit of Internet users generally by providing them with a positive navigation experience. Accordingly, you understand and agree that RealNames performs editorial review of Keywords to assure that they benefit Internet users. You understand and agree that if a third party complains about your Keyword, you are not guaranteed any opportunity to respond to such complaint before RealNames performs its editorial review and decides whether or not to modify or revoke the Keyword at issue.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable by a court of competent jurisdiction and venue, as specified in this Agreement, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
28. Non-Agency Among the Parties:
Nothing contained in this Agreement, the provisions incorporated herein, the rules and policies published by us, or the Dispute Policy established by ICANN and referenced above shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
The failure of RealNames, the Registry or DotRegistrar to require performance by you of any provision contained in this Agreement shall not affect our right to require full performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be considered or held to be a waiver of the provision itself.
(a) Unless specified otherwise in this Agreement, any notice, direction, or other communication required or referenced under this Agreement shall be in writing, and shall effective upon delivery by one of the following means: transmission by email, or delivery regular mail.
(b) Notice by email to DotRegistrar must be sent to sales@DotRegistrar.com. Notice to you shall be sent to the email address provided by you in your Account Information as it may be updated.
(c) Notice by regular mail to DotRegistrar shall be sent to:
iHoldings.com, Inc.
d.b.a. DotRegistrar.com
13205 SW 137th Ave, Suite #133
Miami, FL 33186
(d) Notice by regular mail to you shall be sent to the mailing address provided in your Account Information (or any affiliate application provided by DotRegistrar) as it may be updated.
(e) Any email communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m., Miami, Florida (Eastern Time), and, otherwise, on the next business day. Any communication sent via regular mail shall be presumed to have been validly and effectively delivered 5 business days after the date of mailing.
(a) If an account is opened, or our services are utilized or purchased, on your behalf by an agent (e.g., an Internet Service Provider or your employee) you agree that you are bound as a principal to this agreement, by the actions of that agent, to all terms and conditions herein including the Dispute Policy.
(b) If you are acting as an agent, that is, opening an account or registering a domain name, on behalf of another person, You hereby represent and agree that you have provided notice equivalent to that set forth in paragraphs 10 through 15, above, to any third party individuals whose Registrant Information you have supplied to DotRegistrar; and that you have obtained consent equivalent to that referred to in paragraph 16, above, from any such third party. You agree that if we receive instructions regarding the domain name(s) from you principal, and that principal is properly identified as being the registrant of the domain name(s), you authorize us to comply with such instructions.
You agree that this Agreement, the provisions incorporated herein, the rules and policies published by us, and the Dispute Policies established by ICANN, Real Names, the usTLD administrator and referenced above, constitute the complete and exclusive agreement between you and us regarding our services. This exclusive agreement supersedes any and all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
This agreement and all rights hereunder shall be governed by the laws of the State of Florida. Any judicial action relating to this Agreement, or to the use of the DotRegistrar.com site, shall be brought exclusively in the state or federal courts of the State of Florida, in the United States: if state court, then in the courts of Florida, in Dade County; and if federal court, in the Southern District of Florida, Dade County Division. This provision is subject to any exceptions or contrary provisions set forth in Paragraph 8, above.
You attest that you are of legal age in your domicile to enter into this Agreement. In the event that you are not of such age, then we are authorized, at our discretion to terminate this agreement and to cancel the registration of your domain names.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING AS A CUSTOMER OF DotRegistrar AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
The terms of this Service Agreement are not confidential.