1. AGREEMENT.
In this Domain Name Registration Agreement, ("Agreement"), "you" and
"your" refer to the customer ("Customer") and "we," "us" and "our" refer
to Pair Networks, Inc. ("Pair Networks") and "Services" refers to the
domain name registration services provided by us as offered through
Pair Domains. This Agreement explains our obligations to you and your
obligations to us in connection with your use of our services. This
Agreement sets forth the terms and conditions relating to the
registration, renewal, reinstatement, and transfer of a domain name. To
complete the registration process, you must read and agree to be bound by
all terms and conditions of this Agreement.
2. SELECTION, AVAILABILITY AND USE OF A DOMAIN NAME.
a. Selection. We make no representations as to whether or not a
particular domain name infringes upon any trademark or intellectual
property rights. You may consult our Frequently Asked Questions at
https://www.pairdomains.com/faq.html
for general guidelines in selecting a domain
name; however, you may want to seek legal advice.
b. Availability. We make no representations regarding the
availability
of a domain name, nor does Pair Domains enjoy registry access superior to that
of any other accredited registrar. After you have decided on the domain
name you want to register, you must check if the domain name is available
or if it has been registered by another user.
c. Use. You represent that to the best of your knowledge and
belief,
neither the registration of the domain name nor the manner in which it is
directly or indirectly used infringes the legal rights of any third
party. You further represent that to the best of your knowledge and
belief the domain name is not being registered nor will be used for any
unlawful purpose. Pair Networks reserves the right to suspend or cancel
your domain name if you use the domain name for any unlawful purpose or
in violation of any applicable usage policies.
3. TERM OF AGREEMENT.
This Agreement shall remain in full force during the length of the term
you have selected, recorded and paid for upon registration of your domain
name. If you choose to renew your domain name registration, the terms of
this Agreement shall be extended. If you cancel or transfer your domain
name to another registrar, the terms and conditions of this contract will
cease.
4. FEES AND PAYMENT.
a. Fees Are Nonrefundable. All fees are nonrefundable, in whole
or in
part, even if your domain name registration or other purchased services are suspended, canceled or
transferred prior to the end of the registration term or expiration date. Payment for
domain name registration or other services must be paid at the time of registration or subscription.
We currently accept MasterCard, Visa, Discover, American Express, and PayPal for
payment. Current fees are determined by the length of registration or subscription and
you may view this information on our Web site on the prices page at
https://www.pairdomains.com/prices.html. You are required to pay any applicable
fees for each top-level domain name you order as each top-level domain name is
considered a separate domain name.
b. Automatic Renewal. When available, the service is for the
initial period of
time you
select in the registration process and is renewable thereafter for
successive terms, as set forth in the renewal process. We will provide
you notice prior to the renewal of your services at least fifteen (15)
days prior to the renewal date. Renewal of services will be subject to
our then current terms and payment of all applicable fees We are
authorized, but not required to automatically charge your credit card and
renew your services on or before their renewal date using the credit card
information you have provided, unless you have notified us (as provided
herein) that you do not wish to participate in our automatic renewal
process. You may "opt out" of our automatic renewal process in
accordance with the instructions on our web site. You are responsible
for keeping your credit card information current and are solely
responsible for the credit card information you provide to us. If the
credit card information of record is no longer accurate, you will be
responsible for payment of any required fees. If you fail to pay the
required fees, your registration will automatically expire. You are
solely responsible for ensuring the services are renewed. Pair Networks
shall have no liability to you or any third party in connection with the
renewal as described herein, including, but not limited to, any failure
or errors in renewing the services.
c. Opt Out Procedure. You may elect to "opt out" of our
automatic
renewal. Should you elect to opt out of the automatic renewal procedure,
you will be responsible for payment of any required fees. If you fail to
pay the required fees, your registration will automatically expire and
renewal of our services will be subject to our then current terms and
payment of all applicable fees.
d. Charge-Back. In the event of a charge back, credit card fraud
or other nonpayment in connection with any required fees, including but
not limited to the registration, renewal or transfer fee, you will lose
all rights in the selected domain name and you agree Pair Networks will be
deemed the entity that paid the applicable fee. You further agree to the
transfer of the domain name registration and all associated rights to Pair
Networks, Inc., including without limitation, the right to sell the name
to a third party. We may, at our sole discretion, reinstate your
registration upon receipt of all applicable service fees in addition to a
reinstatement fee of $50.
e. Paid Status. Initial domain name registrations, and domain
name
registrations that have passed anniversary date, must be in a paid status
to transfer, delete, modify, or otherwise request us to affect the domain
name record or to provide domain name services. Domain name
registrations in an unpaid status may be deleted without notice to you.
5. REGISTRATION INFORMATION.
In order to provide you with domain name registration and other related
services, you must provide us with certain information about you and your
domain name registration. You agree to provide the following information
and to promptly correct and update the information during the term of
this Agreement:
1. The domain name you are registering;
2. The names of the primary and secondary name servers for the domain
name;
3. The full name, postal address, telephone number, fax number (where
available), and e-mail address for the (i) domain name owner, (ii) name of
an authorized person for contact purposes in case the domain name owner
is an organization, association or corporation, (iii) administrative
contact for the domain name, and (iv) technical contact for the domain
name.
Your willful or grossly negligent provision of inaccurate or unreliable
information, your willful or grossly negligent failure to promptly update
information provided to us, or your failure to respond for over fifteen
(15) calendar days to inquiries by us concerning the accuracy of contact
details associated with the domain name you are registering shall
constitute a material breach of this Agreement and be a basis for
cancellation of this Agreement.
If you license the use of the domain name you are registering, you are
nonetheless the domain name owner of record and are responsible for
providing your own full contact information and for providing and
updating
accurate technical and administrative contact information adequate to
facilitate timely resolution of any problems that arise in connection
with the domain name you are registering. If you are licensing the
domain name you are registering, you accept liability for harm caused by
wrongful use of the domain name, unless you promptly disclose the
identity of the licensee to a party providing you reasonable evidence of
actionable harm.
Should you register a domain name and check "I don't have my name server
information" or chose to use one of our enhanced services that updates
your domain name's nameservers to ns##.pairdomains.com, your domain name
will be automatically redirected at no additional fee to
comingsoon.pairdomains.com, until such time as you direct your domain name to
another server. The comingsoon.pairdomains.com web site may contain notices,
information, and/or advertisements, including "click-through
advertisements" regarding which Pair Domains may receive compensation from
others. By electing "I don't have my name server information" or choosing
one of our enhanced services that update your domain name's nameservers to
ns##.pairdomains.com you waive any claim to share in such compensation.
4. You are required to update all registration information within seven (7) days.
5. In the event we have any reason to believe registration information you
have provided is incomplete, inaccurate, obsolete, misleading, unreliable,
fraudulent, unauthorized or otherwise not consistent with ICANN's "Whois
Accuracy Program Specification" we will seek confirmation or clarification from
you. Failure on your part to respond to our inquiries fully and in good faith
will constitute a material breach of this Agreement and the domain(s) registered
through us will be suspended, pending further investigation and will be terminated
at our discretion or as required by ICANN.
6. You agree to indemnify, defend and hold us and ICANN harmless from any claims,
suits, expenses, and/or losses incurred by virtue of your failure to comply with
these identification, accuracy and verification procedures. In the event your
domain(s) is suspended or terminated any prepaid value shall be applied to the
administrative time and expense we incur in attempting to secure your compliance.
Any balance owed shall be considered an additional fee and charged to your credit
card or invoiced to you for payment.
6. PROCESSING OF INFORMATION.
The purpose of us collecting any personal data or information from you is
to permit us to fulfill our obligations under this Agreement and to
comply
with the current policies for the domain name system. We agree that
we will
not process personal data collected from you in a way incompatible with
the purposes and other limitations about which we have provided notice to
you. We agree to take reasonable precautions to protect personal data
from loss, misuse, unauthorized access or disclosure, alteration, or
destruction.
We are required to provide the information referenced in Section 5 of
this Agreement to the Internet Corporation for Assigned Names and Numbers
("ICANN"), including the registry operator for the domain name you are
registering. ICANN also requires us to make available through an
interactive publicly available database the following information we
collect from you: (i) the domain name(s) registered by you; (ii) your
name and postal address; (iii) the name(s), postal address(es), e-mail
address(es), voice telephone number and (where available) fax number(s)
of the technical and administrative contacts for your domain name(s);
(iv) the corresponding names of those name servers; (vi) the original
creation date of the registration; and (vii) the expiration date of the
registration. You should be aware that under ICANN policy, this
information may be made available to third parties who agree not to use
it to allow or otherwise support the transmission of unsolicited e-mail
(spam) or other high volume automated
electronic processes. Credit card information will be disclosed to
parties involved in the processing of credit card transactions.
Information may also be disclosed to other entities in our sole
discretion. You hereby consent to the use, copying, distribution,
publication, modification, and other processing of your personal
information by us, the registry operator, ICANN, and our designees and
agents or the designees and agents of the registry operator and ICANN.
You hereby waive any and all causes of action arising from such
processing.
If you are providing us personal information of any third party, you
hereby represent that you have provided notice equivalent to that
provided in the preceding paragraph to such third party.
7. ACCOUNT ACCESS.
To access or use our services, you will be required to establish an
account
and obtain an account name and password. Using your account name and
password
you may access your registration information and make any necessary
changes. You authorize us to process any and all account transactions
initiated through the use of your account name and password. You are
solely
responsible for maintaining the confidentiality of your account name and
password. You must immediately notify us of any unauthorized use of your
account name or password and you are responsible for any unauthorized
activities, charges and/or liabilities made on or through your account
name
and password. In no event will we be liable for the unauthorized use or
misuse of your account name or password or any other security
authentication method you may employ.
8. AGENTS.
You agree the administrative contact named by you during registration is
your agent with full authority to act on your behalf with respect to any
services provided to you, including but not limited to, the authority to
terminate, transfer, modify, renew or purchase any additional services.
When your agent acts on your behalf, you are bound as a principal by all
terms and conditions of this Agreement. Your continued use of our
services constitutes your acceptance of any unauthorized actions of your
agent.
9. RIGHT OF REFUSAL.
We reserve the right to refuse to register or renew your chosen domain
name. If we should exercise this right, we will refund your applicable
fees and you agree that we are not liable to you for any loss or damages
resulting from our refusal to register your domain name.
10. NOTICES AND ANNOUNCEMENTS.
From time to time, we will notify you of any information that we deem to
be of potential interest to you. Notices and announcements may include
commercial e-mails and other notices describing changes, upgrades, new
products or services and other relevant matters. All notices must be
sent either in writing or by e-mail (but only to the extent expressly
provided herein). All written notices to us shall be delivered to
Pair Domains, Pair Networks, Inc., 2403 Sidney Street, Suite 210, Pittsburgh
PA 15203. All notices and announcements to you shall be delivered to your
mailing address or e-mail address as provided in your account information
(as updated by you pursuant to this Agreement). Either of us may change
our respective address by written notice delivered to the other party.
All notices delivered in writing hereunder must be sent by either
overnight courier or certified mail, return receipt requested.
11. TRANSFERS.
a. Governing Policy. Through your reservation, registration or transfer of a domain name to us, you agree to be bound by our current Inter-Registrar Transfer Policy ("Transfer Policy"), as amended from time to time, which is incorporated herein and made a part of this Agreement by reference. The most current version of this Policy may be found at the ICANN web site, http://icann.org/transfers.
b. Registrar Transfer Dispute Policy. Through your reservation, registration or transfer of a domain name to us, you agree to be bound by our current Transfer Dispute Resolution Policy ("Transfer Dispute Resolution Policy"), as amended from time to time, which is incorporated herein and made a part of this Agreement by reference. The most current version of this Policy may be found at the ICANN web site, http://icann.org/transfers. Any dispute regarding your right to use your domain name is subject to this Transfer Dispute Resolution Policy. Should any dispute arise with a third party regarding your right to use your domain name, you agree to indemnify, defend and hold us harmless. Should you ask us to invoke the Transfer Dispute Resolution Policy on your behalf, you further agree to be responsible for all costs associated therewith, including but not limited to counsel fees, filing fees, and penalties (to the extent permitted under the Transfer Dispute Policy).
c. Permitted Transfers. You may transfer your domain name registration
to another domain name registrar at any time after sixty (60) days from the
effective date of the initial registration of your domain name with us. You
acknowledge we may refuse your transfer request in certain instances as set
forth in the Transfer Policy. To initiate a registration transfer to us please
visit our Domain Name Transfer page, https://www.pairdomains.com/transfer.html
. You may transfer your domain name to a third party of your choice, provided
that the third party agrees to the terms of this Agreement.
d. Transfer Lock Status. In order to prevent improper transfers, all domain names that are registered with Pair Domains as of or after November 11, 2004, will be placed into Transfer Lock status, which will prevent the transfer of a domain from Pair Domains in the absence of an affirmative action by you. In the event that you would want to transfer a domain name to a registrar other than Pair Domains, prior to initiating a transfer request, the lock status of the domain name would need to be changed through the Domain Name Management System. You or anyone else who may access your account through the Domain Name Management System would be able to remove the lock status of this domain name.
e. Modifications to Transfer Policies. You agree the Transfer Policy and Transfer Dispute Policy may be modified by us at any time. Your continued registration and use of your domain name shall constitute your acceptance of any such modifications. If you do not agree with the modifications, you may choose to cancel or transfer your domain name to a different domain name registrar. If you choose to cancel or transfer your domain name, you agree that such cancellation or request for transfer will be your exclusive remedy and no fees will be refunded.
f. Submission to Jurisdiction. You agree that for the adjudication of disputes concerning or arising from the use of the domain name, you submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) the courts in Allegheny County, Pennsylvania, the location of Pair Networks.
12. DOMAIN NAME DISPUTES
a. Dispute Policy. Through your reservation, registration or
transfer of a domain name to us, you agree to be bound by our current
Domain Name Dispute Policy ("Dispute Policy"), as amended from time to
time, which is incorporated herein and made a part of this Agreement by
reference. Any dispute regarding your right to use your domain name is
subject to this Dispute Policy. Should any dispute arise with a third
party regarding your right to use your domain name, you agree to
indemnify, defend and hold us harmless. The most current version of this
Policy may be found at the ICANN Web site
http://www.icann.org/udrp/udrp.htm.
Complaints under the policy may be
submitted to any approved dispute-resolution service providers listed at
http://www.icann.org/udrp/approved-providers.htm.
b. Modifications to the Dispute Policy. You agree the Dispute
Policy may be modified by us at any time. Your continued registration
and
use of your domain name shall constitute your acceptance of any such
modifications. If you do not agree with the modifications, you may choose
to cancel or transfer your domain name to a different domain name
registrar. If you choose to cancel or transfer your domain name, you
agree that such cancellation or request for transfer will be your
exclusive remedy and no fees will be refunded.
c. Submission to Jurisdiction. You agree that for the
adjudication of disputes concerning or arising from the use of the domain
name, you submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of your domicile and
(2) the courts in Allegheny County, Pennsylvania, the location of Pair
Networks.
13. ENHANCED SERVICES.
In connection with registration of a domain name, we may provide certain
enhanced services. These services currently provided are set forth below
(collectively "enhanced services") and may be changed or discontinued at
any time, and while no additional fee is currently associated with the
provision of these services, we reserve the right to charge for their
provision in the future. In addition to the other terms of this
Agreement, the following terms apply to the provision of enhanced
services.
a. Description of Enhanced Services
(i) Custom DNS. This service permits the mapping of 'Host Names'
to IP
addresses (A records); the setting of 'Mail Exchanger' (MX) records for
e-mail routing; choosing the Time To Live (TTL) option for the zone file;
and permits 'Canonical Pointers' to alias one host name to another.
(ii) Web site Forwarding. This service permits a domain name to be
forwarded
to a particular directory in another domain name, i.e., www.example.com could
be forwarded to www.pair.com/~user.
(iii) E-Mail Forwarding. This service permits e-mail sent to a
domain name to be forwarded to a specific e-mail address, i.e.,
name@example.com could be forwarded to user@pair.com.
(iv) Domain Name Locking. This service permits you to "lock" a
domain name. This means that information associated with the domain name
will not be able to be changed without "unlocking" the domain name. To
"unlock" your domain name, you must make the request in the
Domain Name Management System
and then follow
the instructions in the e-mail that we will send you. There will be a
minimum of a ten (10) business day
waiting period from the time you follow these instructions until your
domain name will be "unlocked".
(v) Whois Privacy. In order to reduce the ability of others to abuse
the contact information in your WHOIS listing, Pair Domains offers, at no
additional fee, its optional
Whois Privacy feature. If elected by you, this service will allow us
to shield your contact information in WHOIS listings. This will help
to prevent or limit junk postal mail, junk e-mail, and junk faxes/
phone calls.
If you elect to enable this feature on your domain name(s), your
registrant name will continue to be listed, but we will take the
following action:
-- By activating the Whois Privacy feature for telephone/fax numbers,
when someone calls the telephone number that we will list for you, in
the WHOIS information, they will be told by a recorded message to send
an e-mail to the address listed in the WHOIS information. No fax
number will be displayed in the WHOIS information, when the Whois
Privacy feature for telephone/fax numbers is activated.
-- By activating the Whois Privacy feature for postal mail, when
someone sends postal mail it will be sent to the PO Box we have setup
and listed. You give us permission to shred and discard your postal
mail -- no postal mail will be kept or forwarded to you.
-- By activating the Whois Privacy feature for e-mail, the e-mail
addresses listed in your WHOIS information will automatically forward
e-mail to the the e-mail addresses that you have designated.
-- By activating the Whois Privacy feature, you designate Pair Networks, Inc
as your agent to make and authorize the above changes to your public WHOIS information
on your behalf.
You can enable or disable the Whois Privacy feature, for postal mail,
your phone/fax numbers, or e-mail, at any time through our
Domain Name Management system.
(vi) Dynamic DNS. Dynamic DNS is a method/protocol/networks service that
provides the capability for a networked device to notify a DNS name server to
change, in near-real-time, the active DNS configuration of its configured
hostnames, address, or other information.
b. Specific Representations
(i) Custom DNS. You represent and warrant that you have
authorization
from the owner of the device(s) identified by the specified IP address,
net block, or host name to use the device(s) in the manner used by this
service.
(ii) Web site Forwarding. You represent and warrant that you have the
necessary rights to use the Web site forwarding service to forward, point,
alias or resolve your domain name(s) to the other domain name designated
by you.
(iii) E-Mail Forwarding. You represent and warrant that you have the
necessary rights to use the E-Mail forwarding service to forward, point,
or alias your domain name's e-mail to the other e-mail address designated
by you.
(iv) Domain Name Locking. You represent and warrant that you have
authorization to enable or disable Domain Name Locking for the domain
name(s) listed in your Domain Name Management system.
(v) Whois Privacy. You represent and warrant that you have have
authorization to enable or disable the Whois Privacy features for the
domain name(s) listed in your Domain Name Management system.
(vi) Dynamic DNS. You represent and warrant that you have authorization
from the owner of the device(s) identified by the specified IP address, net
block, or host name to use the device(s) in the manner used by this service.
You understand that while we may recommend certain Dynamic DNS update clients,
we do not support or have control over any update clients.
You will follow the Mandatory Client Behavior and Forbiddent Client Behavior
for Dynamic DNS as described at the following URL:
https://www.pairdomains.com/dynamicdnspolicy.html
c. General Conditions
We retain the right, at our sole discretion, to restrict access to any or
all of the enhanced services in order to maintain the quality of our
services to other customers and to protect our computer systems.
Furthermore, any or all of the enhanced services may be discontinued by us
at any time without any prior advance notice. Each of the enhanced
services may be subject to unscheduled outages which will impact your
ability to use the service. We will use commercially reasonable efforts
to restore the service after any unscheduled outages.
In order to use any or all of the enhanced services your domain name must
be registered through us and we must host your domain name record. If you
transfer your domain name record to a third party for any reason or allow
your domain name registration to expire, you will no longer be able to use
any of the enhanced services. Your right to use the enhanced services is
personal to you. You agree not to resell any or all of the enhanced
services without our prior express written consent.
You are solely responsible for the content of material available through
each of the enhanced services. You agree to comply with all applicable
local, state, national and international laws and regulations regarding
communications and use. You agree: (1) to comply with U.S. law regarding
the transmission of technical data exported from the United States through
the Web site forwarding service; (2) not to use any of the enhanced services
for illegal purposes; and (3) not to interfere with or disrupt other
networks through any of the enhanced services.
You agree not to transmit through any of the enhanced services any
unlawful, harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material of any kind or nature. You
further agree not to transmit any material that encourages conduct that
could constitute a criminal offense, gives rise to civil liability or
otherwise violates any applicable local, state, national or international
law or regulation. Attempts to gain unauthorized access to other computer
systems are prohibited. You agree not to interfere with another customers
use and enjoyment of the enhanced services or another entity's use and
enjoyment of similar services.
You agree that we, in responding to a third party complaint or for any
other reason, reserve the right in our sole discretion to suspend or
terminate your use of any or all of the enhanced services without notice
and with no obligation to refund fees paid if we determine you are using
any or all of the enhanced services to forward users to a Web site, URL,
or e-mail address that is unsuitable or being used for any unlawful or
harmful purpose, as determined in our sole discretion.
We may, at our sole discretion, immediately terminate your access to any
or all of the enhanced services if your conduct fails to conform with this
Agreement and any of our operating rules or policies with no obligation to
refund fees paid. We, in our sole discretion, will determine whether or
not your conduct is consistent with this Agreement and any of our
operating rules or policies.
You agree that we shall under no circumstances be held liable on account
of any action we take, in good faith, to restrict transmission of material
that we or any Internet user considers to be obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable,
whether or not such material is constitutionally protected.
d. Privacy.
We will not monitor, edit or disclose the contents of your private
communications with third parties unless required to do so by law or in
the good faith belief that such action is necessary to: (1) conform to the
law or comply with legal process served on us; (2) protect and defend our
rights or property; or (3) act under exigent circumstances to protect the
personal safety of our customers or the public. You acknowledge and agree
that we neither endorse the contents of any of your communications nor
assume responsibility for such content, including but not limited to any
threatening, libelous, obscene, harassing or offensive material contained
therein, any infringement of third party intellectual property rights
arising therefrom or any crime facilitated thereby. You acknowledge and
agree that certain technical processing of material forwarded may be
required to: (1) send and receive messages; (2) conform to connecting
networks technical requirements; (3) conform to the limitations of the Web
site forwarding service; or (4) conform to other similar requirements.
14. LIMITATION OF LIABILITY.
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW,
IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED BY US
UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY
LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES(S) DURING THE TERM OF
THIS AGREEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT
PERMIT THE LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS
LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. THIS INCLUDES,
BUT IS NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF
PRIVACY, OR DAMAGES TO A THIRD PARTY.
15. DISCLAIMER OF WARRANTIES.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN
CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE(S) WILL MEET YOUR
REQUIREMENTS OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR FREE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES(S). WE DO NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR
USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU FROM
CHALLENGES TO YOUR DOMAIN NAME REGISTRATION OR USE, OR FROM SUSPENSION,
CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. TO THE
EXTENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
16. INDEMNIFICATION
You agree to defend, indemnify and hold harmless us, and any applicable
domain name registry and the contractors, agents, employees, officers,
directors, shareholders, affiliates and assigns of each of them from all
liabilities, damages, claims, expenses including attorneys' fees and
court costs, of any third party arising out of this Agreement or related
to your domain name or the use thereof. When we are threatened with suit
or sued by any third party, you agree to defend, indemnify and hold us
harmless. This indemnification is additional to that required under the
Dispute Policy. When we are threatened with suit or sued by a third
party, we may seek written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may be considered
by us to be a material breach of this Agreement. We shall have the right
to participate in any defense by you of a third party claim related to
your use of our services, with counsel of our choice
at our own expense. We shall reasonably cooperate in the defense at
your request and expense. You shall
have sole responsibility to defend us against any claim, but you must
receive our prior written consent regarding any related settlement. The
terms of this paragraph will survive any termination or cancellation of
this Agreement.
17. TERMINATION.
a. By You. You may terminate this Agreement upon at least thirty
(30) days written notice to us.
b. By Us. We may terminate this Agreement at any time in the
event you
breach any obligation hereunder, fail to respond within fifteen (15)
calendar days to an inquiry from us concerning the accuracy or
completeness of the information referred to in section 5 of this
Agreement, or if we determine in our sole discretion that you have
violated any acceptable use policy we may have. Any acceptable use
policy we post on our web site is incorporated herein and made part of
this Agreement by reference.
18. REPRESENTATIONS AND WARRANTIES.
In addition to any other representations and warranties you make under
this Agreement, you represent and warrant (i) you have all requisite
power and authority to execute this Agreement and to perform our
obligations hereunder, (ii) you are of legal age to enter into this
Agreement, and (iii) you agree to comply with all applicable laws and
regulations.
19. MODIFICATION OF THE AGREEMENT.
Modifications to this Agreement may be made by us at any time and will be
posted to our Web site at least thirty (30) days before such
modifications go into effect. Your continued registration and use of
your domain name shall constitute your acceptance of any such
modifications. If you do not agree with the modifications, you may
choose to cancel or transfer your domain name to a different domain name
registrar. If you choose to cancel or transfer your domain name, you
agree that such cancellation or request for transfer will be your
exclusive remedy and no fees will be refunded.
20. SEVERABILITY.
The terms of this Agreement are severable. If any term or provision in
declared invalid or unenforceable, in whole or in part, that term or
provision will not affect the remainder of the Agreement, which shall
continue to be valid, binding and enforceable according to its terms. We
may amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible, the objective and
intent of the original provision.
21. INTEGRATION.
This Agreement and the rules and policies incorporated by reference in
this Agreement are the entire, complete and exclusive agreement between
you and us regarding our services and supersede all prior and
contemporaneous, oral or written representations, communications,
understandings and agreements between the parties, all of which
representations, communications, understandings and agreements are hereby
canceled to the extent they are not specifically not merged herein.
22. GOVERNING LAW; JURISDICTION.
The validity and effect of this Agreement and any disputes hereunder
shall be governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania, United States of America, without reference
to rules governing choice of laws. Both parties irrevocably consent to
the exclusive subject matter jurisdiction, personal jurisdiction and
venue of the courts of the Commonwealth of Pennsylvania, Allegheny County
and the United States District Court of the Western District of
Pennsylvania, for all disputes regarding any duties, obligations or
rights under or arising out of this Agreement.
23. RELATIONSHIP BETWEEN THE PARTIES.
Nothing in this Agreement may be construed as creating the relationship
of agency, partnership or joint venture between the parties nor shall
either party have the right, power or authority to create any obligations
or duty, express or implied, on behalf of the other party, hereto.
24. WAIVER.
No waiver of any provision of this Agreement shall be effective unless it
is in writing and signed by our authorized representative. The waiver by
either party of a breach of any provision of this Agreement by the other
shall not operate or be construed as a waiver of any subsequent breach of
the same provision or any other provision of this Agreement.
25. FORCE MAJEURE.
Neither party shall be deemed in default hereunder, nor shall it hold the
other party responsible for, any cessation, interruption or delay in the
performance of its obligations hereunder due to earthquake, flood, fire,
storm, natural disaster, act of God, war, terrorism, armed conflict,
labor strike, lockout, or boycott, provided that that the party relying
upon this section (i) shall have given the other party written notice
thereof promptly and, in any event, within five (5) days of discovery
thereof and (ii) shall take all steps reasonably necessary under the
circumstances to mitigate the effects of the force majeure event upon
which such notice is based; provided further, that in the event a force
majeure event described in this section extends for a period in excess of
thirty (30) days in aggregate, we may immediately terminate this
Agreement.
26. ASSIGNMENT.
Except as otherwise set forth herein, your rights under this Agreement
are not assignable or transferable. Any attempt by your creditors to
obtain an interest in your rights under this Agreement, whether by
attachment, levy, garnishment or otherwise, renders this Agreement
voidable at our option.
27. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .INFO TLD
If you are registering a .INFO domain name the following provisions also
apply to you:
a. Registry Information.
ICANN has appointed Afilias, Ltd. (www.afilias.info) as the
administrative overseer of the ".INFO" top level domain names.
b. Dispute Resolution. By registering a .INFO domain name, you
agree to
submit to proceedings commenced under the both the UDRP and the Sunrise
Dispute Resolution Policy ("SDRP") (available at
http://www.afilias.info/register/dispute_resolution/sunrise_challenge_overview)
as these may
be
modified from time to time. Your continued registration and use of your
domain name shall constitute your acceptance of any such modifications.
If you do not agree with the modifications, you may choose to cancel or
transfer your domain name to a different domain name registrar. If you
choose to cancel or transfer your domain name, you agree that such
cancellation or request for transfer will be your exclusive remedy and no
fees will be refunded.
c. No Liability. You 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: (1) your ability or inability to
obtain a registered domain name during these periods, and (2) the results
of any dispute over a Sunrise Registration.
28. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .BIZ TLD
If you are registering a .BIZ domain name the following provisions also
apply to you:
a. Registry Information.
ICANN has appointed NeuLevel (www.neulevel.biz) as the administrative
overseer of the ".BIZ" top-level domain names .
b. Use.
You represent and warrant that (i) the domain name will be used primarily
for bona fide business or commercial purposes and not (a) exclusively for
personal, noncommercial purposes, including the expression of
noncommercial ideas or (b) solely for the purposes of selling, trading or
leasing the domain name for compensation, or the unsolicited offering to
sell, trade or lease the domain name for compensation: and (ii) the
domain name is reasonably related to your business or intended purpose at
the time of registration.
c. Dispute Resolution.
By registering a .BIZ domain name, you agree to submit to proceedings
commenced under the both the UDRP, the Start-up Trademark Opposition
Policy ("STOP") and the Restrictions Dispute Resolution Criteria and
Rules ("RDRP") (the STOP and RDRP policies are available for your review
at http://www.neulevel.biz/ardp/index.html)
as these may be modified from
time to time. Your continued registration and use of your domain name
shall constitute your acceptance of any such modifications. If you do
not agree with the modifications, you may choose to cancel or transfer
your domain name to a different domain name registrar. If you choose to
cancel or transfer your domain name, you agree that such cancellation or
request for transfer will be your exclusive remedy and no fees will be
refunded.
29. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .WS TLD
If you are registering a .WS domain name the following provisions also
apply to you:
a. Registry Information.
ICANN has appointed Global Domains International,
Inc. (GDI -- http://nic.ws/) as the administrative overseer of the ".WS"
top-level domain names.
b. Dispute Resolution.
You agree that you are subject to the UDRP available
at http://www.icann.org/udrp/udrp-policy-24oct99.htm.
30. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .US DOMAIN NAMES
a. Registry Information
ICANN has appointed NeuStar, Inc. (www.nic.us) as the administrative
overseer of the ".US" top-level domain names.
b. Enforcement of Accurate Whois Data
We shall accept written complaints from third parties regarding false
and/or inaccurate Whois data for you. No later than thirty (30) days
after receipt of a written complaint, we shall conduct an initial
investigation into the veracity and accuracy of the contact details. If
we determine that the information is false, inaccurate or not up to date,
we shall issue a letter to you via e-mail, and regular first class mail,
stating that the information contained in your Whois record may be false,
inaccurate or not up to date. You are agree to update your contact
information no later than thirty (30) calendar days from the date of such
notice. If, within thirty (30) calendar days, you can either (i) show
that you have not provided false or inaccurate contact information or
(ii) provide the updated Whois information, then you will be allowed to
maintain your .US top-level domain name registration. If, however, after
thirty (30) days, you either do not respond to our notice or you!
are unable to provide true and accurate contact information, you shall be
deemed to have breached this Agreement and we will delete your
registration. We will not refund any fees paid by you if your
registration is deleted under this provision.
c. Submission to Jurisdiction
You agree that for the adjudication of disputes concerning or arising
from the use of the domain name, you also submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the
courts of the United States.
d. Dispute Resolution
By registering a .US domain name, you agree to submit to proceedings
commenced under the UDRP, United States Dispute Resolution Policy
("usDRP"), and the Nexus Dispute Policy ("NDP") (the usDRP and NDP
policies are available for your review at
http://www.nic.us/policies/index.html)
as these may be modified from time
to time. Your continued registration and use of your domain name shall
constitute your acceptance of any such modifications. If you do not
agree with the modifications, you may choose to cancel or transfer your
domain name to a different domain name registrar. If you choose to
cancel or transfer your domain name, you agree that such cancellation or
request for transfer will be your exclusive remedy and no fees will be
refunded.
e. Nexus Requirements
You represent and warrant that you are (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 nay 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. You further represent and warrant that
the name servers you have listed are located within the United States.
You agree that your failure to abide by these nexus requirements shall be
a basis for cancellation of your registered name.
31. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .CN, .ORG.CN, .COM.CN AND
.NET.CN DOMAIN NAMES
For .cn domains in 2018 or later:
The .cn ccTLD is managed by Neustar, Inc. through its wholly owned subsidiary
Registry Services, LLC, through an agreement with Pair Domains which also binds
entities granted .cn domains. Pair Domains customers who register .cn domains
agree, in addition to the general terms of service stated elsewhere herein, to
indemnify, defend and hold harmless Neustar, its directors, officers,
employees, representatives, agents, affiliates and stockholders from and
against any and all claims, suits, actions and other proceedings, damages,
liability, costs and expenses of any kind, including without limitation
reasonable legal fees and expenses, arising out of or relating to customer's
(i) domain name registration(s) and (ii) use of any ccTLD Service - this
indemnification obligation survives the termination and expiration of the
registration agreement. A copy of the Pair Domains/Neustar .cn agreement will
be provided upon request.
Legacy Terms for .cn domains prior to 2018
If you are registering a .CN, .ORG.CN, .COM.CN, or .NET.CN domain name, the
following provisions also apply to you:
a. Registry Gateway Provider. NeuStar, Inc. has been appointed as the
Registry Gateway Provider of the ".CN" top-level domain names.
b. Chinese Laws and Policies. You agree to
comply with all applicable laws, regulations and policies of the Peoples
Republic of China's ("PRC") governmental agencies and the China Internet Network
Information Center ("CNNIC"), including but not limited to the following rules
and regulations: (i) China Internet Domain Name Regulations (currently at
http://www.cnnic.net.cn/html/Dir/2005/03/24/2861.htm); (ii) CNNIC Detailed Rules of Internet
Domain Name Registration Administration (currently at
http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm); (iii) CNNIC Domain Name Dispute
Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2006/02/14/4008.htm); and
(iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently at
http://www.cnnic.net.cn/html/Dir/2006/03/15/3655.htm).
c. Registration Information. You also agree to provide the following
information and to promptly correct and update the information during the term
of this agreement: (i) any remark
concerning the registered domain name that should appear in the Whois directory;
and (ii) any other data CNNIC, as the Registry, requires be submitted to it.
You agree and understand that the registration data will be publicly
available and accessible on the Whois directory pursuant to the CNNC Policy. Any
information collected by us concerning an identified or identifiable natural
person ("Personal Data") will be used in connection with the registration of
your domain name(s) and for the purposes of this Agreement and as required or
permitted by the CNNIC.
You hereby represent and warrant that the
data provided in the domain name registration application is true, correct, up
to date and complete and that you will continue to keep all the information
provided up to date. Your willful provision of inaccurate or unreliable
information, your willful failure promptly to update information provided to us,
or any failure to respond for over five calendar days to our inquiries addressed
to the e-mail address of the administrative, billing or technical contact then
appearing in the Whois directory with respect to a domain name concerning the
accuracy of contact details associated with any registration(s) or the
registration of any domain name(s) registered by or through you or your account,
shall constitute a breach of this Agreement.
d. Business or Organization Representation. The .cn top-level domain name
space is intended for businesses and organizations and not for individual use.
By registering a .cn domain name, you hereby represent that you have registered
the domain name on behalf of a business or organization.
e. Domain Name Disputes
- 1. Domain Name Dispute Policy. If you have registered a second or
third-level .cn domain name through us, you agree to be bound by the CNNIC
Domain Name Dispute Resolution Policy & Rules for CNNIC Domain Name Dispute
Resolution Policy ("Dispute Policy"), http://www.cnnic.net.cn/html/Dir/2005/03/24/2861.htm,
which 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 policies of the CNNIC, as they may be amended
from time to time, and which are hereby incorporated and made an integral part
of this Agreement.
- 2. 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 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.
- 3. 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 the 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, CNNIC and NeuStar, Inc.("Registry Gateway
Provider"), harmless pursuant to the terms and conditions set forth 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.
- 4. Jurisdiction. For the adjudication of disputes concerning or
arising from use of the Registered Name, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to the jurisdiction of
the courts (1) of the Registrant's domicile, (2) where Registrar is located, and
3) the People's Republic of China.
- 5. Governing Law. For the adjudication of a dispute concerning or
arising from use of the domain name, such dispute shall be governed under the
Laws of the Peoples Republic of China.
f. Maximum Term. The maximum term for a domain name registration in the
.cn TLD shall be five (5) years. Domain Name Registrations shall be available
for terms of one, two, three, four and five years.
g. Prohibited Uses for .cn domain name. Registrant may not register or
use a domain name that is deemed by CNNIC to:
- (i) Be against the basic principles prescribed in the Constitution of the
Peoples Republic of China ("PRC");
- (ii) Jeopardize national security, leak state secrets, intend to overturn the
government, or disrupt of state integrity of the PRC;
- (iii) Harm national honor and national interests of the PRC;
- (iv) Instigate hostility or discrimination between different nationalities,
or disrupt the national solidarity of the PRC;
- (v) Violate the PRC's religion policies or propagate cult and feudal
superstition;
- (vi) Spread rumors, disturb public order or disrupt social stability of the
PRC;
- (vii) Spread pornography, obscenity, gambling, violence, homicide, terror or
instigate crimes in the PRC;
- (viii) Insult, libel against others and infringe other people's legal rights
and interests in the PRC; or
- (ix) Take any other action prohibited in laws, rules and administrative
regulations of the PRC.
h. Suspension, Cancellation or Transfer. You agree that your
registration of the domain name shall be subject to suspension, cancellation, or
transfer pursuant to any CNNIC adopted specification or policy, or pursuant to
any registrar or CNNIC procedure not inconsistent with a CNNIC adopted
specification or policy, (1) to correct mistakes by Registrar or the CNNIC in
registering the name or (2) for the resolution of disputes concerning the domain
name.
i. Reservation by CNNIC and Registry Gateway Provider. Pair Networks, Inc. DBA Pair Domains, the
Registry Gateway Provider and CNNIC 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 CNNIC, the Registry Gateway Provider or
Pair Networks, Inc. DBA Pair Domains, 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 Registry Gateway Provider, CNNIC
or any registrar in connection with a domain name registration. CNNIC, Registry
Gateway Provider and Pair Networks, Inc. DBA Pair Domains also reserve the right to freeze a domain name
during resolution of a dispute.
32. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .UK DOMAIN NAMES
a. Registry Information ICANN has appointed Nominet Registrar Resources
(http://registrars.nominnet.org.uk) as the administrative overseer of the ".UK"
top-level domain names. All Pair Domains terms of service relating to .UK top
level domain names are subject to the Registrar Agreement between Pair
Networks, Inc. t/d/b/a Pair Domains, and Nominet. To the extent such terms and
requirements relate to You as a user of a .UK domain such terms and agreements
are incorporated herein by reference and You agree to be bound to conduct
Yourself appropriately.
b. Transfers. If You have an existing .UK domain that You wish to
transfer to Your new or existing Pair Domains account, You must initiate the
transfer through Your current .UK registrar, rather than through Pair Domains.
Please note this is different from all other TLDs and ccTLDs where transfers
are initiated at Pair Domains. Rather, with .UK domain transfers, the existing
registrar must validate the transfer by submitting the transfer request to
Nominet.
Once the relinquishing registrar sends the transfer request to Nominet, and
Nominet approves the transfer, then Pair Domains becomes the new registrar and the
transferred domain is sent to Us through Our dedicated .UK domains holding
account while We wait for the customer information to catch up. We can then
match the incoming .UK domain and customer information to You, and You can
then claim the domain and it can be moved into Your new or existing Pair Domains
customer account.
As a result of this unusual procedure for transferring existing .UK domains
to Your Pair Domains account, there may be a delay beyond our control as the
transfer requires the cooperation of both Your existing .UK registrar and
Nominet.
In the event You seek to transfer your .UK domain away from Pair Domains, we
pledge to act quickly to respect your transfer request.
c. Nominet right to police .UK domain usage. All registrars
managing .UK domains, and users of .UK domains, are subject to the use
restrictions adopted by Nominet. If you have a concern about the specifics of
the .UK agreement between Nominet and its registrars, you may request a copy
or link to the .UK Registrar Agreement through info@pairdomains.com.
d. http://www.nominet.org.uk You can learn more about Nominet and the three-party business and services relationship with Pair Domains and with you.
33. ADDITIONAL TERMS WHERE CUSTOMER OPTS USE OF WEEBLY'S CLOUD PLATFORM SERVICES PROVIDED BY WEEBLY, INC., A DELAWARE BUSINESS CORPORATION (WEEBLY)
a. Customer shall comply with Weebly's End User Agreements:
(a) https://www.weebly.com/terms-of-service
(b) http://www.weebly.com/privacy
b. Customer waives any claims against Weebly for any harm or financial damages whether direct, indirect, incidental or consequential
and further agrees that there are no warranties express or implied with respect to Weebly Services, including, without limitation,
warranties of merchantability, fitness for a particular purpose, and non-infringement.
c. Customer understands and agrees that Pair Networks, Inc., is not the provider of the Weebly Services and shall not be held liable
for any claimed defects.
34. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .BLACK, .PRO, .GREEN, .BLUE, .LGBT, .LOTTO, .PINK, .POKER, .RED, .PET, .PROMO, .VOTE, .VOTO, .KIM, .BET, .ORGANIC DOMAIN NAMES
a. Registered name holders agree to indemnify, defend, and hold harmless
Afilias, plc or Monolith Registry, LLC (hereafter together referred to
as "Afilias", the domain registry) and its subcontractors, and the
directors, officers, employees, affiliates, and agents of each of them,
from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses, arising out of
or relating to the registered name holder's domain name registration(s).
This indemnity obligation will survive the termination or expiration of
the registration agreement.
b. Registered name holders shall comply with ICANN standards, policies,
procedures and practices as they shall be adopted from time to time.
c. Registered name holders shall respect the operational standards,
policies, procedures, and practices for the Registry TLD established
from time to time by Afilias in a non-arbitrary manner and applicable to
all registrars, including affiliates of Afilias, and consistent with
ICANN's standards, policies, procedures, and practices and the
applicable Registry Agreement(s).
d. Registered name holders shall also comply with the public interest
commitments adopted by Afilias and ICANN from time to time, and
Government Advisory Committee (commonly known as "GAC") safeguards, as
may be published or provided to registrars(s).
e. Registered name holder further consents to the use, copying,
distribution, publication, modification and other processing of
registered name holders' personal data by Afilias and its designees and
agents in a manner consistent with the purposes specified under the
terms of the applicable Registry Agreement(s).
f. Registered name holders shall submit to proceedings commenced under
ICANN's Uniform Domain Name Dispute Resolution Policy (commonly known as
"UDRP") and/or Uniform Rapid Suspension (commonly known as "URS").
g. Registered name holders agree they will immediately correct and
update the registration information for the registered name(s) during
the term for the registered name(s).
h. Registered name holders agree to be bound by the terms and conditions
of the initial launch of the Registry TLD as published by Afilias from
time to time, including without limitation any sunrise period, limited
registration period, or land rush period, and the dispute resolution
policies and rights protection mechanisms mandated by ICANN or Afilias
for the TLD (including without limitation the Trademark Clearinghouse),
and further to acknowledge that Afilias has no liability of any kind for
any loss or liability resulting from the proceedings or processes
relating to the sunrise period, limited registration period, land rush
period or other period associated with the initial launch of the
Registry TLD, 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 resolution process regarding
a registration.
i. Registered name holders agree that Afilias reserves the right to
deny, cancel or transfer any registration or transaction, or place any
domain name(s) on registry lock, hold or similar status, that it deems
necessary, in its discretion:
- (1) to protect the integrity and stability of the registry
- (2) to comply with any applicable laws, government rules or requirements
of law enforcement, or any dispute resolution process
- (3) to avoid any liability, civil or criminal, of the part of Afilias, as
well as its affiliates, subsidiaries, officers, directors, and employees
- (4) per the terms of the registration agreement
- (5) for the non-payment of fees by the registrar, including
without limitation pursuant to the terms of any credit facility to
correct mistakes made by Afilias or any registrar in connection with a
domain name registration — and further agrees that Afilias has reserved
the right to place on registry lock, hold or similar status a domain
name during resolution of a dispute.
j. Registered name holders of .POKER top level domain names represent that
they possess any necessary authorizations, charters, licenses and/or other
related credentials for participation in the sector associated with the .POKER
TLD string. Registered name holder shall report any material changes to the
validity of the Registrants' authorizations, charters, licenses and/or
other related credentials for participation in the sector associated with the
.POKER TLD string.
35. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .ECO DOMAINS
a. Registration of .eco domains is controlled by the .eco Registry, Big
Room, Inc, 332-237 Keefer Street Vancouver, BA Canada V6A 1X6.
b. Individuals or entities who register .eco domains agree to indemnify
and hold harmless Pair Domains, a division of Pair
Networks, Inc., from any and all claims arising from the improper or fraudulent
use of a .eco domain.
c. Registration of .eco domain(s) is/are restricted to eligible candidates
who also maintain their eligibility in accordance with the .ECO Registration
Policies issued and modified from time to time by Big Room, Inc., and which can
be accessed at http://www.home.eco
36. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .IO, .SH, .AC DOMAINS
(a) We serve as a Registrar for the .IO, .SH, .AC domains which are made
available through Internet Computer Bureau Limited (ICB) and each Registered
Name Holder who registers one of these top level domains (TLDs), agrees to
defend and hold harmless ICB and its subcontractors, and the directors,
officers, employees, affiliates and agents of each of them, from and against
any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or relating to the
Registered Name Holder's domain name registration. This indemnification
obligation will survive the termination or expiration of the registration
agreement.
(b) Registered Name Holder further consents to the use, copying,
distribution, publication, modification and other processing of Registered Name
Holder's Personal Data by ICB and its designees and agents, including without
limitation to submit to proceedings commenced under any dispute resolution
mechanisms as may be adopted by ICB for the Registry TLD(s); to immediately
correct and update the registration information for the Registered Name during
the registration term for the Registered Name.
(c) Registered Name Holder acknowledges that ICB has no liability of any
kind for any loss or liability resulting from the proceedings and processes and
results of any dispute resolution process regarding a registration; and
acknowledges and agrees that ICB reserves the right to deny, cancel or transfer
any registration or transaction, or place any domain name(s) on registry lock,
hold or similar status, that it deems necessary, in its discretion; (1) to
protect the integrity and stability of the registry; (2) to comply with any
applicable laws, government rules or requirements, requests of law enforcement,
or any dispute resolution process; (3) to avoid any liability, civil or
criminal, on the part of ICB, as well as its affiliates, subsidiaries,
officers, directors, and employees; (4) per the terms of the registration
agreement; (5) for the non-payment of fees by Registrar, including without
limitation pursuant to the terms of any Credit Facility provided by the
Registrar or (6) to correct 5 of 16 RRA (ICB) 190417 REGISTRY-REGISTRAR
AGREEMENT mistakes made by ICB or any Registrar in connection with a domain
name registration. ICB also reserves the right to place upon registry lock,
hold or similar status a domain name during resolution of a dispute.