 |
This Domain Registration Agreement ("Agreement")
sets forth the terms and conditions agreed to between
you and i-NetSolutions (a subsidiary of Internet
Solutions, LLC, a Georgia corporation), a Dotster
Reseller (the "Registrar", "we" or "us"), relating
to the registration of one or more Second Level
Domain name(s) ("SLD name(s)") ending in the .com,
.net or .org Top Level Domains. Dotster is a registrar
accredited by the Internet Corporation for Assigned
Names and Numbers ("ICANN") pursuant to an accreditation
agreement between Dotster and ICANN ("ICANN Agreement").
By registering any SLD name with Dotster on or after
June 12, 2000 (whether directly or through your
agent, or as an agent for another person or entity),
you agree, for yourself and, if acting as an agent,
on behalf of your principal, to be bound by the
terms and conditions of this Registration Agreement
with respect to all SLD names registered with Dotster,
including those SLD names previously registered
with Dotster under prior versions of our Registration
Agreement.
To complete
the registration process, you must read and agree
to be bound by all terms and conditions of this
Agreement, the accompanying fee schedule and dispute
policy, and any rules or policies of general applicability
that are or may be posted by Dotster on its website
from time to time. You acknowledge that we may
modify this Agreement to the extent necessary
to comply with applicable law or the ICANN Agreement,
any ICANN Consensus Policy or code of conduct
or other policies adopted or requirements imposed
by ICANN or the administrator of the Registry,
currently Network Solutions, Inc. (the "Registry
Administrator"), as in effect from time to time
(collectively referred to as "ICANN/Registry Policy").
1. Fees.
As consideration
for the SLD name registration services provided
by Dotster, you agree to pay all initial registration
fees and applicable renewal fees with respect
to each SLD name registered in US Dollars at the
time of registration or renewal. If you do not
pay any initial fees or renewal fees when due
or your credit card charge is not accepted for
any reason within three (3) business days after
any initial fee is due or within ten business
days after any renewal fee is due, or in the event
of any chargeback of any payment at any time,
we will have the right to immediately cancel all
SLD names for which payment was not received,
without further notice. In the case of renewals,
we will send an e-mail to the address of the billing
contact then set forth in the Whois directory
with respect to the SLD name eligible for renewal,
and it shall be your responsibility to ensure
that all such fees are paid prior to the expiration
of the term of registration of each SLD name you
wish to renew. You agree that we shall have no
liability whatsoever with respect to any such
cancellation. We reserve the right to adjust our
registration and renewal fees prospectively upon
fifteen (15) calendar days prior notice.
2. Term;
Registration Period.
The term of
this Agreement, as in effect from time to time,
will extend through and continue in force at any
time during which you have any SLD name registered
through us. At your discretion, we will register
each SLD name for a period of one (1) to ten (10)
years from the initial registration date or, if
applicable, the previous registration date for
such SLD name.
3. SLD Name Dispute Policy.
You agree to be bound by our Domain Name Dispute
Policy ("Dispute Policy") which is incorporated
into this Agreement by reference, as in effect
from time to time. The Dispute Policy can be found
at http://www.i-netsolutions.net/domains/dispute_policy.html.
Any disputes regarding the right to use your SLD
name will be subject to the Dispute Policy. We
may modify the Dispute Policy in our sole discretion
at any time in accordance with the ICANN Agreement
or any ICANN/Registry Policy. Your continued use
of our registration services after modification
to the Dispute Policy becomes effective constitutes
your acceptance of those modifications. If you
do not agree to such a modification, you may request
that your SLD name be cancelled or transferred
to another registrar. You agree that you will
be subject to the provisions specified in the
Dispute Policy in effect at the time your SLD
name is challenged by a third party, including
but not limited to (i) any applicable restrictions
on your ability to change registrars with respect
to an SLD name subject to a dispute or to transfer
an SLD name subject to a dispute to a new holder;
and (ii) our ability to cancel any such transfers
while a dispute is pending. While any dispute
or litigation is pending, we may not allow you
to make changes to such SLD 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 SLD 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 SLD name registration
services, we may deposit control of your SLD name
record into the registry of the judicial body
by supplying a party with a registrar certificate
from us. No refunds will be provided for names
deleted or transferred pursuant to this section.
You agree that at such time as we receive a properly
authenticated order from a court of competent
jurisdiction, or arbitration award, requiring
the cancellation, suspension, transfer or modification
of any SLD name registration, we shall have the
right in our sole discretion to cancel, suspend
(e.g. registrar lock or hold), transfer or otherwise
modify any SLD name registration(s).
4. Registration
Data.
4.1. Provision of Registration
Data. As part of the registration process, you
are required to provide us with certain information
and to update this information to keep it current,
complete and accurate. This information includes
(i) your full name, postal address, e-mail address,
voice telephone number, and fax number if available;
(ii) the name of an authorized person for contact
purposes in the case of a registrant that is
an organization, association, or corporation;
(iii) the IP addresses of the primary nameserver
and any secondary nameserver(s) for the SLD
name; (iv) the corresponding names of those
nameservers; (v) the full name, postal address,
e-mail address, voice telephone number, and
fax number if available of the technical contact
for the SLD name; (vi) the full name, postal
address, e-mail address, voice telephone number,
and fax number if available of the administrative
contact for the SLD name; (vii) the name, postal
address, e-mail address, voice telephone number,
and fax number if available of the billing contact
for the SLD name; and (viii) any remark concerning
the registered SLD name that should appear in
the Whois directory. You agree and understand
that the foregoing registration data will be
publicly available and accessible on the Whois
directory as required by ICANN/Registry Policy
and may be sold in bulk in accordance with the
ICANN Agreement.
4.2. Inaccurate or Unreliable
Data. 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 fifteen 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 an SLD name concerning the accuracy
of contact details associated with any registration(s)
or the registration of any SLD name(s) registered
by or through you or your account, shall constitute
a breach of this Agreement. Any information
collected by us concerning an identified or
identifiable natural person ("Personal Data")
will be used in connection with the registration
of your SLD name(s) and for the purposes of
this Agreement and as required or permitted
by the ICANN Agreement or any ICANN/Registry
Policy.
4.3. Use of Registration
Data. You acknowledge that we will make some
of the information that you provide during the
registration process publicly available as required
by ICANN. Additionally, you acknowledge that
ICANN or the Registry may impose guidelines,
limits and/or requirements that relate to the
amount and type of information that we may or
must make available to the public or to private
entities. We agree that we will not process
any Personal Data collected from you, if any,
in a way that is incompatible with the purposes
and other limitations set forth in this Agreement.
We agree that we will take reasonable precautions
to protect Personal Data collected, if any,
from loss, misuse, unauthorized access or disclosure,
alteration or destruction.
4.4. Disclosure of Use of
Data. If you engage in the reselling of SLD
name(s), you covenant, represent and warrant
that you have provided, or will provide, to
any third party individuals whose Personal Data
you have obtained, the same information about
use of those details as are set out in this
Section 4 or as may be reasonably required by
us pursuant to any ICANN/Registry Policy now
or hereafter adopted, and that the third parties
individually have consented, or will consent,
to use of their personal data.
5. License
of SLD Names.
If you license
use of an SLD name to a third party, you remain
the holder of record, and you acknowledge that
you remain responsible for providing and updating
your own full contact information and for providing
and updating accurate technical, administrative,
and billing contact and other information in accordance
with this Agreement. If you license use of an
SLD name, you shall accept liability for harm
caused by wrongful use of the SLD name, unless
you promptly disclose the identity of the licensee
to the party providing you reasonable evidence
of actionable harm.
6. Change
of SLD Holder; Reselling Activities.
The provisions of this Section 6 shall apply to
you unless you have entered into a separate Registration
Services Agreement, in which case the Registration
Services Agreement shall apply to you.
6.1. Change of SLD Holder
Procedure. If you transfer any SLD name, you
agree to abide by the policies and procedures
relating to transfer of SLD names as may be
adopted by us and as in effect from time to
time, which policies and procedures may require,
among other things, the submission of hard-copy
record of transfer of ownership, the submission
of information concerning the transferor and
transferee and the transfer, including but not
limited to the information described in Section
4 of this Agreement with respect to the transferee,
and may impose reasonable information collection
and recordkeeping obligations on you. Such policy
and procedure may require you upon such transfer
to relinquish all control over the SLD name
transferred.
6.2. Required and Prohibited
Reselling Practices. You agree to inform any
person or entity registering an SLD name with
us through you or your account (each your "Customer"
and collectively, your "Customers") that they
are registering their SLD name through us, an
ICANN accredited registrar. You shall not represent,
directly or by implication, that you are a registrar
or have direct or superior access to the Registry
or that you are a registrar or accredited or
otherwise affiliated with ICANN, and you agree
not to employ or display the ICANN mark or logo
on your web site or any materials used by you
in your business.
6.3. Recordkeeping Requirements.
You agree to obtain evidence of each Customer's
assent to the then current Registration Agreement
electronically (e.g. by "click") or by hardcopy
signature, and to retain for a period of three
(3) years evidence of such assent. You may require
Customers using your services to agree to additional
terms and conditions, provided that such terms
and conditions do not conflict in any manner
with the provisions of the Registration Agreement
or any ICANN Policy.
6.4. Customer Support; Registration
Data and Updating Requirements. You agree to
provide adequate customer service, billing and
technical support for your Customers, and to
make modifications and updates to registration
data relating to your Customers' SLD names so
that our database contains accurate, current
and reliable registration data with respect
to your Customers' SLD names. You understand
and acknowledge that your failure to make any
modifications to any information with respect
to your Customer's SLD name(s) in accordance
with the written instructions of such Customer(s)
within ten (10) business days after delivery
of such written instructions, or the making
of any modifications to any Customer's registration
data which have not been authorized by such
Customer in writing or by e-mail, shall constitute
a breach of this Agreement. You agree to retain
copies of all communications and other correspondence
between you and Customer relating to the registration
of SLD names with us and to provide us with
the same upon request. Your willful provision
of inaccurate or unreliable information concerning
your Customer's SLD name(s), or your willful
failure to promptly update or correct your Customer's
registration data, or your failure to respond
to our or any of your Customer's inquiries or
requests concerning the accuracy or content
of any registration data for over ten (10) business
days shall constitute a breach of this Agreement.
7. Policies
Regarding Use of Our Services.
7.1. Suspension, Cancellation
or Transfer of SLD Name. You agree that your
ability to use our registration services is
subject to termination or suspension, and your
ability to register or modify any particular
SLD name is subject to suspension, cancellation,
or transfer (i) at any time pursuant to any
ICANN/Registry Policy now in effect or hereafter
adopted, (ii) to correct mistakes by us, another
accredited registrar or the Registry in registering
SLD name(s), including but not limited to the
correction of erroneous or inadvertent deletions
of SLD names, or in connection with the resolution
of disputes in accordance with the Dispute Policy,
or (iii) in the event of any breach of any representation,
warranty, agreement or other provision of this
Agreement, upon e-mail notice of such breach
and the expiration of a fifteen (15) calendar
day cure period.
7.2. Limitations on Use
of Services. You agree not to use our services
or website or permit any person or entity through
you to use our services or website for (i) the
transmission of unsolicited, commercial e-mail
(spam); or (ii) high volume, automated, electronic
processes that apply to the Registry for large
numbers of SLD names, except as reasonably necessary
to register SLD names or modify existing registrations;
or (iii) high volume, automated, electronic,
repetitive queries except as reasonably necessary
to register SLD names or modify existing registrations.
8. Use
of Agents.
You agree that, if your agent (e.g., an Internet
Service Provider, employee, etc.) purchased our
service(s) on your behalf, you are nonetheless
bound as a principal by all terms and conditions
herein, including the Dispute Policy. Your continued
use of our services shall ratify any unauthorized
actions of your agent. By acting on your behalf,
your agent certifies that he, she or it is authorized
to apply for our services on your behalf, that
he, she or it is authorized to bind you to the
terms and conditions of this Agreement and that
he, she or it has apprised you of the terms and
conditions of this Agreement. In addition, you
are responsible for any errors made by your agent.
We will not refund fees paid by you or your agent
on your behalf for any reason, including, but
not limited to, in the event that your agent fails
to comply with the terms and conditions of this
Agreement, your agent incorrectly provides information
in the application process or if your agent changes
or otherwise modifies your SLD name record incorrectly.
9. SLD
Name Transfers Between Sponsoring Registrars.
You agree that you may change sponsoring registrars
for any existing SLD name only in accordance with
ICANN/Registry Policy and further agree that you
may not change sponsoring registrars with respect
to any SLD name for a period of sixty (60) calendar
days after registration of such SLD name with
us. In connection with any transfer by you of
SLD name(s) from one registrar (the "Losing Registrar")
to us:
9.1. You represent and warrant
that (i) you are either the SLD Holder, the
administrative contact or the technical contact
with respect to the SLD name(s) being transferred;
and (ii) if transferring an SLD name on behalf
of a Customer, you have been granted the authority
by such Customer to effect each such transfer.
9.2. To initiate a transfer
of sponsoring registrars from a Losing Registrar
to us, you shall notify us of the SLD name(s)
you wish to transfer to us and we will, upon
receipt of such transfer request, forward to
you a Confirmation of Transfer. You agree to
confirm the accuracy of the Confirmation of
Transfer and assent to the Confirmation of Transfer
before being permitted to continue.
9.3. We will effect the
proposed transfer of sponsoring registrars from
the Losing Registrar only after the following
conditions have been met:
(i) We have received evidence
of your assent to the Confirmation of Transfer
and all transfer fees associated with the
transfer(s) have been paid in full; and
(ii) If the transfer involves
an SLD name held by an SLD Holder other than
you and we have notified such SLD Holder via
the Administrative Contact of the proposed
transfer and provided such Administrative
Contact with a period of time to confirm or
object to such transfer, not to exceed 10
business days, such waiting period shall have
expired or the express consent of such Administrative
Contact shall have been obtained.
9.4. You agree and understand
that we will effect the registration using the
registration data on file with the Losing Registrar
immediately prior to transfer, and understand
that we may, at our discretion, limit your ability
to make post-transfer changes to registration
data for a reasonable period of time following
transfer, not to exceed 15 business days.
9.5. When we make a request
to the Losing Registrar (via the Registry) to
transfer an SLD name registration to us from
the Losing Registrar, you agree to pay us the
applicable fee(s) as then in effect with respect
to such transfer and agree to comply with the
NSI Change in Registrar Policy.
10. LIMITATION
OF LIABILITY; DISCLAIMER OF WARRANTIES.
10.1. LIMITATION OF LIABILITY.
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR
DUE TO (a) ANY ACT OR OMISSION OF YOU OR YOUR
AGENT (WHETHER AUTHORIZED OR UNATHORIZED) (a)
ANY LOSS OF REGISTRATION OF ANY SLD NAME, (b)
THE USE OF YOUR SLD NAME OR PASSWORD, (c) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO OUR REGISTRATION
SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY
OF DATA BETWEEN YOU AND US; (e) EVENTS BEYOND
OUR CONTROL; (f) THE PROCESSING OF ANY SLD NAME
REGISTRATION; (g) THE PROCESSING OF ANY MODIFICATION
TO THE RECORD ASSOCIATED WITH YOUR SLD NAME,
(h) THE FAILURE OF YOU OR YOUR AGENT TO PAY
ANY FEES HEREUNDER; OR (i) THE APPLICATION OF
THE DISPUTE POLICY. FURTHER, WE WILL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU TO US FOR REGISTRATION OF
THE SLD NAME IN CONTROVERSY DURING THE PRIOR
ONE (1) YEAR PERIOD. TO THE EXTENT APPLICABLE
STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR
LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
10.2 DISCLAIMER OF WARRANTIES.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT
AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE
DO NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN OUR SOFTWARE OR WEBSITE WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED.
WE DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF OUR SOFTWARE
OR WEBSITE OR RELATED DOCUMENTATION IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY
OR OTHERWISE.
11. Indemnity.
You agree to
defend, indemnify and hold us harmless and any
applicable SLD name registry, including Network
Solutions, Inc., and the shareholders, directors,
officers, employees, affiliates and agents of
us and them, from and against any loss, damages
or costs, including reasonable attorneys' fees,
resulting from any claim, action, proceeding,
suit or demand arising out of or related to (i)
any SLD name registered by you or the transfer
or use thereof, (ii) any dispute concerning an
SLD name, (iii) your breach (or the breach by
any of your officers, agents, employees or other
representatives) of any agreement contained in
this Agreement, or (iv) any cancellation, suspension
(e.g. registrar lock or hold) or transfer of any
SLD name in accordance with this Agreement. This
indemnification is in addition to any indemnification
required under the Dispute Policy.
12. Representations
and Warranties.
You represent
and warrant that all information provided by you
in connection with your registration is complete
and accurate. You represent and warrant each time
you register an SLD name that, to the best of
your knowledge and belief, neither the registration
of the SLD name nor the manner in which it is
directly or indirectly used infringes the legal
rights of a third party. In applying for an SLD
name, you represent and warrant that the registration
is not made in bad faith and that the name does
not conflict with another SLD name. We make no
representation or warranties of any kind in connection
with this Agreement. Specifically but without
limitation, we do not represent or warrant that
registration of your SLD name will immunize you
from challenges to your SLD name. We are not bound
by nor should you rely on any representation or
warranty made by any agent, representative or
employee of any third party that you may use to
apply for our services.
13. Breach
and Revocation; Notice of Cancellation, Etc.
Except as otherwise
specified in this Agreement, any breach by you
of this Agreement or the Dispute Policy must be
remedied by you within five (5) business days
following e-mail notice by us to you. Such notice
shall be deemed delivered when sent to the e-mail
address then on record for your administrative
contact in the Whois directory. If you fail to
cure the breach within such cure period, we may
terminate this Agreement, cancel your registration
of the SLD name(s), transfer such SLD names to
another person or entity and/or seek any remedy
available at law or in equity including but not
limited to obtaining an injunction or specific
performance. Our remedies shall not be deemed
exclusive and effecting any one or more of the
foregoing remedies shall not be deemed an election
of remedies. Except as otherwise specified in
this Agreement, notice of revocations, suspensions,
transfers, or cancellations of your SLD name(s)
by us pursuant to this section will be provided
to you within five (5) business days following
the taking of such action.
14. Cancellation
During Preliminary 30 Day Period; Right of Refusal
to Register.
Pursuant to
ICANN/NSI Registry Policy, we reserve the right
to refuse to register any SLD name(s), or to cancel,
transfer or suspend any SLD name(s) registered
with us within the first thirty (30) calendar
days following receipt of your payment for such
registration(s). In the event we do not register
an SLD name or we cancel or transfer an SLD name
within such thirty (30) calendar day period, we
agree to refund any applicable fee(s) with respect
to such SLD name which you have paid to us. You
agree that we shall not be liable to you for loss
or damages that may result from our refusal to
register any SLD name(s) or the cancellation or
transfer of any SLD name(s).
15. Governing
Law; Jurisdiction; Waiver of Trial by Jury.
THIS AGREEMENT
AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED BY
THE INTERNAL LAWS OF THE STATE OF MARYLAND, WITHOUT
REGARD TO SUCH STATE'S POLICIES RELATING TO CONFLICT
OF LAWS. ANY ACTION RELATING TO OR ARISING OUT
OF THIS AGREEMENT OR TO YOUR OR YOUR AGENT'S USE
OF OUR SERVICES SHALL BE BROUGHT EXCLUSIVELY IN
THE COURTS OF MARYLAND, USA, OR THE U.S. DISTRICT
COURT FOR THE DISTRICT OF MARYLAND (NORTHERN DIVISION)
LOCATED IN BALTIMORE, MARYLAND. YOU WAIVE THE
RIGHT TO TRIAL BY JURY IN ANY SUCH PROCEEDING.
16.
Notices.
Except as otherwise
specifically stated herein, you agree that all
notices from us to you shall be delivered by posting
such notices on our website and shall be deemed
delivered and effective fifteen (15) calendar
days after such posting. Notices from you to us
shall be by e-mail to our appropriate e-mail address
as specified on our website, and shall be deemed
delivered when received by e-mail, or notices
shall be in writing by first class mail to BulkRegister.com,
Inc., 10 East Baltimore St., Baltimore, MD 21202,
and shall be deemed delivered five days after
deposit in the U.S. mail. The foregoing notwithstanding,
you understand and agree that any e-mails received
by us from any e-mail address provided to us or
set forth as a contact address (whether billing,
technical or administrative) with respect to your
SLD name shall be deemed to have been sent by
you or your duly authorized agent having the actual
and apparent authority to act to bind you. We
intend to rely on any such correspondence.
17. General.
This Agreement, our fee schedule
and the Dispute Policy, together with all amendments
or modifications to any of them, constitute the
complete and exclusive agreement between you and
us, and supersede and govern all prior or concurrent
proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed
as creating any agency, partnership, or other form
of joint enterprise between you and us. Our failure
to require your performance of any provision hereof
shall not affect the right to require such performance
thereafter; nor shall the waiver by us of a breach
of any provision hereof be taken or held to be a
waiver of the provision itself. In the event that
any provision of this Agreement is deemed unenforceable
or invalid, such unenforceability or invalidity
shall not affect the remainder of this Agreement,
but such provision shall be automatically amended
and replaced with a provision that is valid and
enforceable and which achieves, to the extent possible,
our original objectives and intent as reflected
in the original provision. No provision of this
Agreement, including our fee schedule and the Dispute
Policy, may be amended or modified by you except
by means of a written document signed by us. We
may modify this Agreement at any time by posting
such modification(s) on our website. Such modifications
will become effective 15 calendar days after posting.
Your continued use of our registration services
after such modification(s) become(s) effective constitutes
your acceptance of those modifications. If you do
not agree to such a modification, you may request
that your SLD name(s) be cancelled or transferred
to another registrar. |