REGISTRATION AGREEMENT
This Registration Agreement
("Agreement") sets forth the terms and conditions of your use of 1stDomain.Net,
a division of G+D International LLC, (“1stDomain.Net”) to register a domain
name on the Internet. 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
that are or may be published by 1stDomain.Net. This Agreement will become
effective if accepted by 1stDomain.Net. 1stDomain.Net is an accredited
registrar with the Internet Corporation for Assigned Names and Numbers
("ICANN") under an agreement between 1stDomain.Net and ICANN ("ICANN Agreement").
You acknowledge that 1stDomain.Net may modify this Agreement if necessary
to comply with its ICANN Agreement, or otherwise.
1. Fees
As consideration for the
domain name registration services provided by 1stDomain.Net, you agree
to pay 1stDomain.Net`s current initial registration fees and renewal fees
according to the 1stDomain.Net fee schedule which is incorporated into
this Agreement by reference. The 1stDomain.Net fee schedule can be found
at http://www.1stdomainregistration.com/service/domainprice_us.html
Payments must be made by credit card as specified on the 1stDomain.Net
application form. Your domain name will not be registered unless and until
1stDomain.Net has received appropriate authorization from your credit card
company. In case of a declined card, suspected fraud, and/or a chargeback, the domain name is
subject to immediate deletion without further notification.
We will try to contact you
by email (sent to listed admin/billing contact email of the domain name)
when renewals are due. It is your responsibility to keep the listed email
information for the contacts of your domain updated. You understand and
agree that 1stDomain.Net does not attempt to contact you in any other way
than by email, and/or does not verify that your email service was available.
It shall be your responsibility to check when your domain expires and to
ensure that renewal fees are paid prior to the expiration of the domain
name. You may check for the expiration date of your domain name at http://www.1stdomain.net/cgi-bin/whois.pl
under "Domain expires:[date]. Should renewal fees go unpaid by the listed
expiration date, your registration is subject to immediate cancellation/deletion
within 48 hours after expiration. You understand and agree that 1stDomain.Net
shall have no liability whatsoever with respect to any such cancellation/deletion.
If at anytime fees or other
charges payable to the applicable registry or to any other regulatory body
for a domain name registered by 1stDomain.Net on your behalf, shall increase,
or any additional fee, tax or charge shall become due and payable to any
third party related to a domain name registered by 1stDomain.Net on your
behalf, fees payable by you to 1stDomain.Net under this Agreement will
increase by such amount. All registrations are non-cancellable and non-refundable.
During the first sixty days after initial registration it is not possible
to transfer the domain to a different registrar.
2. Dispute Policy
You agree to be bound by
the current ICANN Domain Name Dispute
Policy ("Dispute Policy")
which is incorporated into this Agreement by reference. The Dispute Policy
can be found at
http://www.icann.org/udrp/udrp.htm.
Any disputes regarding the right to use your domain name will be subject
to the Dispute Policy and you agree to submit to proceedings commenced
under the Dispute Policy. ICANN may modify the Dispute Policy in its sole
discretion at any time. Your continued registration of your domain name
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 domain name be deleted.
You agree that you will be
subject to the provisions specified in
the Dispute Policy in effect
at the time your domain name is challenged by a third party. You also agree
that in the event a domain name dispute arises with any third party, you
will indemnify and hold 1stDomain.Net harmless pursuant to the terms and
conditions contained in the Dispute Policy.
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.
1stDomain.Net and or the respective Registry may not allow you to make
changes to such domain name record until (i) it is directed to do so by
the judicial or administrative body, or (ii) it receives 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.
3. Personal Data
As part of the registration
process, you are required to provide
certain information and
to immediately 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 nameservers
for the domain 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 domain name;
(vi) the full name, postal address, e-mail address, voice telephone number,
and fax number if available of the administrative contact for the domain
name; (vii) the name, postal address, e-mail address, voice telephone number,
and fax number if available of the zone contact for the domain name; and
(viii) any remark concerning the registered domain name that should appear
in the Whois data.
You acknowledge that willfully
providing inaccurate information
or willfully failing to
update information promptly will constitute a material breach of this Agreement
and will be a basis for cancellation of your domain name. If you
license use of a domain name to a third party, you are nonetheless the
holder of record of the domain name and are responsible for providing your
own full contact information and for providing and updating accurate technical,
administrative, and zone contact information.
You acknowledge that 1stDomain.Net
will make some of the information that you provide during the registration
process publicly available as required by ICANN and/or the Registries.
Additionally, you acknowledge that ICANN and/or the Registries may impose
guidelines, limits and/or requirements that relate to the amount and type
of information that 1stDomain.Net may or must make available to the public
or to private entities. You consent to the use, copying, distribution,
publication, modification and other processing of your personal data by
the Registry Operator and its designees and agents. 1stDomain.Net will
not otherwise disclose your information to any third party unless it is
required to maintain your domain name. You may request a copy of your information
in 1stDomain.Net 's possession to review, modify or update such information.
4. Use Policies
1stDomain.Net reserves
the right to suspend or cancel your domain
name in the event that you
use the domain name to send unsolicited commercial advertisements in contradiction
to either applicable
laws or customary acceptable
usage policies of the Internet, or
if you use your domain name
in connection with unlawful activity.
5. Agents and Licenses
You agree that, if your
domain name is registered on your behalf
by anyone acting as your
agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless
bound as a principal by all terms and conditions provided herein, including
the Dispute Policy.
You agree that if you license
the use of your domain name to a third party, you remain the domain name
holder, and remain responsible for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT 1STDOMAIN.NET
WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR
DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR
DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO 1STDOMAIN.NET
`S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN
YOU AND 1STDOMAIN.NET; (e) EVENTS BEYOND 1STDOMAIN.NET `S REASONABLE CONTROL;
(f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY
MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h)
THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE
APPLICATION OF THE DISPUTE POLICY. FURTHER, 1STDOMAIN.NET 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 1STDOMAIN.NET
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL 1STDOMAIN.NET `S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY
YOU TO 1STDOMAIN.NET FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR
3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED
BY LAW.
YOU ALSO AGREE THAT 1STDOMAIN.NET
AND ANY APPLICABLE REGISTRY OPERATOR, INCLUDING VERISIGN INC., AFILIAS
LIMITED, NEULEVEL INC., GLOBAL NAME REGISTRY, WILL HAVE NO LIABILITY OF
ANY KIND FOR ANY LOSS OR LIABILITY RESULTING FROM THE PROCEEDINGS AND PROCESSES
RELATING TO THE SUNRISE PERIOD, LAND RUSH PERIOD, AND/OR THE DOMAIN NAME
APPLICATION PHASE, INCLUDING, WITHOUT LIMITATION: (A) YOUR ABILITY OR INABILITY
TO OBTAIN AND/OR REGISTER A DOMAIN NAME AND OR SLD EMAIL ADDRESS DURING
THESE PERIODS, AND (B) THE RESULTS OF ANY DISPUTE OVER SUNRISE REGISTRATION,
NAMEWATCH REGISTRATION, DEFENSIVE REGISTRATION, IP CLAIM SERVICE, SLD EMAIL
ADDRESS AND/OR DOMAIN NAME APPLICATIONS.
7. Indemnity
You agree to defend, indemnify
and hold harmless 1stDomain.Net and any applicable domain name registry,
including VeriSign Inc, Afilias Limited, NeuLevel Inc., Global Name Registry,
and the directors, officers, employees and agents of each of them, from
and against any and all claims, damages, liabilities, costs and expenses,
including reasonable legal and attorneys' fees, resulting from any third
party claim, action, or demand related to your domain name or the use thereof.
This indemnification is in addition to any indemnification required under
the Dispute Policy.
You further agree that this
indemnification obligation shall survive the termination or expiration
of this Registration Agreement.
8. Representations and Warranties
You represent and warrant
that all information provided by you in
connection with your registration
is complete and accurate. 1stDomain.Net make no representation or warranties
of any kind in connection with this Agreement. 1stDomain.Net does not represent
or warrant that registration of your domain name will immunize you from
challenges to your domain name.
9. Breach and Revocation
Any breach by you of this
Agreement or the Dispute Policy must be
remedied by you within 30
days of notice by 1stDomain.Net. If you fail to cure the breach, 1stDomain.Net
may revoke your registration of the domain name.
You also agree that 1stDomain.Net
shall have the right in its sole
discretion to revoke, suspend,
transfer or otherwise modify a domain name registration upon seven (7)
calendar days prior written notice, or at such time as 1stDomain.Net receives
a properly authenticated order from a court of competent jurisdiction,
or arbitration award, re-querying the revocation, suspension, transfer
or modification of the domain name registration.
10. Governing Law
This Agreement, your rights
and obligations and all actions
contemplated by this Agreement
shall be governed by the laws of
the United States, as if
the Agreement was a contract wholly entered into and wholly performed within
the United States. Any action to
enforce this Agreement or
any matter relating to your use of the
1stDomain.Net site shall
be brought exclusively in the courts of the United States located
in Hawaii.
11. General
This Agreement, the 1stDomain.Net
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 1stDomain.Net, and supersede and govern all prior proposals, agreements,
or other communications.
Nothing contained in this
Policy shall be construed as creating
any agency, partner-ship,
or other form of joint enterprise between the parties. The failure of 1stDomain.Net
to require your performance of any provision hereof shall not affect the
full right to require such performance at any time thereafter; nor shall
the waiver by 1stDomain.Net of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the event that any provision
of this Agreement shall be unenforceable or invalid under any applicable
law or be so held by applicable court decision, such unenforceability or
invalidity shall not render this Agreement unenforceable or invalid as
a whole. 1stDomain.Net will amend or replace such provision with one that
is valid and enforceable and which achieves, to the extent possible, the
original objectives and intent of 1stDomain.Net as reflected in the original
provision. No provision of this Agreement, including the 1stDomain.Net
fee schedule and the Dispute Policy, may not be amended or modified
by you except by means of a written document signed by 1stDomain.Net.
Additional Agreement for domain name registrations under .BIZ:
RESTRICTIONS DISPUTE RESOLUTION
POLICY (“RDRP”)
Purpose. This Restrictions
Dispute Resolution Policy (the “RDRP”) is incorporated by reference into
your .BIZ Registration Agreement. It sets out the terms and conditions
that will apply in the event of a dispute between you (as the registrant)
and a third party other than us (as the registrar) or the registry administrator
for the .BIZ top-level domain over the registration or use of your domain
name in violation of the .BIZ Registration Restrictions (available at www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
Proceedings under Paragraph 4 of the RDRP will be conducted according to
the Supplemental Rules for Restrictions Dispute Resolution Policy (the
“Supplemental RDRP Rules”), which are available below, and the selected
administrative dispute resolution service provider’s supplemental rules.
Your Representations. By
applying to register a domain name, or by asking us to maintain or renew
a domain name registration, you hereby represent and warrant to us that
(a) the statements that you made in your Registration Agreement are complete
and accurate; (b) to your knowledge, the registration of the domain name
will not infringe upon or otherwise violate the rights of any third party;
(c) you are not registering the domain name for an unlawful purpose; (d)
you will not knowingly use the domain name in violation of any applicable
laws or regulations; (e) your domain name registration does not and will
not violate the terms and conditions of the .BIZ Registration Restrictions.
It is your responsibility to determine whether your domain name registration
infringes or violates someone else's rights. It is also your responsibility
to determine whether your domain name registration violates the .BIZ Registration
Restrictions.
Cancellations, Transfers
and Changes. We will cancel, transfer or otherwise make changes to domain
name registrations under the following circumstances:
- subject to the provisions
of Paragraph 8, our receipt of written or appropriate electronic instructions
from you or your authorized agent to take such action;
- our receipt of an order
from a court or arbitral tribunal, in each case of competent jurisdiction,
requiring such action; and/or
- our receipt of a decision
of an Administrative Panel requiring such action in any administrative
proceeding to which you were a party and which was conducted under the
RDRP or a later version of the RDRP adopted by ICANN.
We may also cancel, transfer
or otherwise make changes to a domain name registration in accordance with
the terms of your .BIZ Registration Agreement, ICANN policy, or other legal
requirements.
Mandatory Administrative
Proceeding.
This Paragraph sets forth
the type of disputes for which you are required to submit to a mandatory
administrative proceeding. These proceedings will be conducted before one
of the administrative dispute resolution service providers listed at www.icann.org/udrp/approved-providers.htm
(each, a “Provider”).
Applicable Disputes. In addition
to the grounds set out in Paragraph 4(a) of the UDRP, you will also be
required to submit to a mandatory administrative proceeding in the event
that a complainant asserts to a Provider that your domain is not being
or will not be used primarily for a bona fide business or commercial purpose.
In the administrative proceeding, the complainant will bear the burden
of proving that the above elements is present. A complaint under the RDRP
will not be considered valid if based exclusively on the alleged non-use
of your domain name.
Bona Fide Business or Commercial
Use. “Bona fide business or commercial use” shall mean the bona fide use
or bona fide intent to use the domain name or any content software, materials,
graphics or other information thereon, to permit Internet users to access
one or more host computers through the DNS:
- to exchange goods, services,
or property of any kind; or
- in the ordinary course
of trade or business; or
- to facilitate the exchange
of goods, services, information, or property of any kind or the ordinary
course of trade or business.
Not a Bona Fide Business
or Commercial Use. Registering a domain name solely for the purposes identified
below shall not constitute a "bona fide business or commercial use" of
that domain name:
- selling, trading or leasing
the domain name for compensation, or
- the unsolicited offering
to sell, trade or lease the domain name for compensation.
For illustration purposes,
the following shall not constitute a "bona fide business or commercial
use" of a domain name:
- Using or intending to
use the domain name exclusively for personal, noncommercial purposes; or
- Using or intending to
use the domain name exclusively for the expression of noncommercial ideas
(e.g., registering exclusively to criticize or otherwise express an opinion
on the products or services of ABC company, with no other intended business
or commercial purpose).
Selection of Provider. The
complainant shall select the Provider from among those approved by ICANN
by submitting the complaint to that Provider. The selected Provider will
administer the proceeding, except in cases of consolidation as described
in Paragraph 4(f).
Initiation of Proceeding
and Process and Appointment of Administrative Panel. The Supplemental RDRP
Rules state the process for initiating and conducting a proceeding and
for appointing the panel that will decide the dispute (the “Administrative
Panel”).
Consolidation. In the event
of multiple disputes between you and a complainant, either you or the complainant
may petition to consolidate the disputes before a single Administrative
Panel. This petition shall be made to the first Administrative Panel appointed
to hear a pending dispute between the parties. This Administrative Panel
may consolidate before it any or all such disputes in its sole discretion,
provided that the disputes being consolidated are governed by the RDRP
or another dispute resolution policy adopted by ICANN.
Fees. All fees charged by
a Provider in connection with any dispute before an Administrative Panel
pursuant to the RDRP shall be paid by the complainant, except in cases
where you elect to expand the Administrative Panel from one to three panelists
as provided in the Supplemental RDRP Rules, in which case all fees will
be split evenly by you and the complainant.
Our Involvement in Administrative
Proceedings. We do not, and will not, participate in the administration
or conduct of any proceeding before an Administrative Panel. In addition,
we will not be liable as a result of any decisions rendered by the Administrative
Panel.
Remedies. The remedies available
to a complainant pursuant to any proceeding before an Administrative Panel
shall be limited to requiring the cancellation of your domain name or the
transfer of your domain name registration to the complainant.
Notification and Publication.
The Provider shall notify us of any decision made by an Administrative
Panel with respect to a domain name you have registered with us. All decisions
under the RDRP will be published in full over the Internet, except when
an Administrative Panel determines in an exceptional case to redact portions
of its decision.
Availability of Court Proceedings.
The mandatory administrative proceeding requirements set forth in Paragraph
4 shall not prevent either you or the complainant from submitting the dispute
to a court of competent jurisdiction for independent resolution before
such mandatory administrative proceeding is commenced or after such proceeding
is concluded. If an Administrative Panel decides that your domain name
registration should be canceled or transferred, we
will wait ten (10) business
days (as observed in the location of our principal office) after we are
informed by the applicable Provider of the Administrative Panel's decision
before implementing that decision. We will then implement the decision
unless we have received from you during that ten (10) business day period
official documentation (such as a copy of a complaint, file-stamped by
the clerk of the court) that you have commenced a lawsuit against the complainant
in a jurisdiction to which the complainant has submitted under the Supplemental
RDRP Rules. (In general, that jurisdiction is either the location of our
principal office or of your address as shown in our Whois database.) If
we receive such documentation within the ten (10) business day period,
we will not implement the Administrative Panel's decision, and we will
take no further action, until we receive (i) evidence satisfactory to us
of a resolution between the parties; (ii) evidence satisfactory to us that
your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order
from such court dismissing your lawsuit or ordering that you do not have
the right to continue to use your domain name.
All Other Disputes and Litigation.
All other disputes between you and any party other than us regarding your
domain name registration that are not brought pursuant to the mandatory
administrative proceeding provisions of Paragraph 4 shall be resolved between
you and such other party through any court, arbitration or other proceeding
that may be
available.
Our Involvement in Disputes.
We will not participate in any way in any dispute between you and any party
other than us regarding the registration and use of your domain name. You
shall not name us as a party or otherwise include us in any such proceeding.
In the event that we are named as a party in any such proceeding, we reserve
the right to raise any and all defenses deemed appropriate, and to take
any other action necessary to defend ourselves.
Maintaining the Status Quo.
We will not cancel, transfer, activate, deactivate, or otherwise change
the status of any domain name registration under the RDRP except as provided
in Paragraph 3 above.
Transfers During a Dispute.
Transfers of a Domain Name
to a New Holder. You may not transfer your domain name registration to
another holder (i) during a pending administrative proceeding brought pursuant
to Paragraph 4 or for a period of fifteen (15) business days (as observed
in the location of our principal place of business) after such proceeding
is concluded; or (ii) during a pending court proceeding or arbitration
commenced regarding your domain name unless the party to whom the domain
name registration is being transferred agrees, in writing, to be bound
by the decision of the court or arbitrator. We reserve the right to cancel
any transfer of a domain name registration to another holder that is made
in violation of this subparagraph.
Changing Registrars. You
may not transfer your domain name registration to another registrar during
a pending administrative proceeding brought pursuant to Paragraph 4 or
for a period of fifteen (15) business days (as observed in the location
of our principal place of business) after such proceeding is concluded.
You may transfer administration of your domain name registration to another
registrar during a pending court action or arbitration, provided that the
domain name you have registered
with us shall continue to be subject to the proceedings commenced against
you in accordance with the terms of the RDRP. In the event that you transfer
a domain name registration to us during the pendency of a court action
or arbitration, such dispute shall remain subject to the domain name dispute
policy of the registrar from which the domain name registration was transferred.
Policy Modifications. We
reserve the right to modify the RDRP at any time with the permission of
ICANN. We will post the revised RDRP at (http://www.neulevel.com/countdown/rdp.html)
at least thirty (30) calendar days before it becomes effective. Unless
this version of the RDRP has already been invoked by the submission of
a complaint to a Provider, in which event the version of the RDRP in effect
at the time it was invoked will apply to you until the dispute is over,
all such changes will be binding upon you with respect to any domain name
registration dispute, whether the dispute arose before, on or after the
effective date of our change. In the event that you object to a change
in this version of the RDRP, your sole remedy is to cancel your domain
name registration with us, provided that you will not be entitled to a
refund of any fees you paid to us. The revised RDRP will apply to you until
you cancel your domain name registration.
SUPPLEMENTAL RULES FOR RESTRICTIONS
DISPUTE RESOLUTION POLICY
Purpose. Administrative proceedings
for the resolution of disputes under the Restrictions Dispute Resolution
Policy (“RDRP”); shall be governed by the Rules for Uniform Domain Name
Dispute Resolution Policy (“UDRP Rules”; www.icann.org/udrp/udrp-rules-24oct99.htm)
as supplemented or modified by these Supplemental Rules for Restrictions
Dispute Resolution Policy (the “Supplemental RDRP Rules”) and any supplemental
rules of the dispute resolution service provider administering the proceedings.
Definitions. Defined terms
in the UDRP Rules shall have the same meaning in these Supplemental RDRP
Rules, subject to the following:
Complaint based on UDRP and
RDRP. If a complaint is based on the UDRP and the RDRP, the term “Policy”
shall refer to the Uniform Domain Name Dispute Resolution Policy (“UDRP”)
and the RDRP, and the term “Rules” shall refer to the UDRP Rules as supplemented
or modified by these Supplemental RDRP Rules.
Complaint based on the RDRP
alone. If a complaint is based on the RDRP alone, the term “Policy” shall
refer to the RDRP, and the term “Rules” shall refer to the UDRP Rules as
supplemented or modified by these Supplemental RDRP Rules.
RDRP Grounds. A complaint
pursuant to the RDRP (whether or not also based on the UDRP) shall describe,
in accordance with Paragraph 4(a)-(c), the grounds on which the complaint
is made including, in particular, the extent to which the domain name is
not being or will not be used primarily for a bona fide business or commercial
purpose.
Please note that dates are
subject to change.
Additional Agreement for
domain name registrations under .INFO:
SUNRISE REGISTRATION and
SUNRISE DISPUTE RESOLUTION
POLICY ("SDRP"):
In order for trademark and
service mark owners to qualify to receive a registration during the Sunrise
Period (a "Sunrise Registration"), the following information must be provided
to the .INFO registry operator: (i) the ASCII characters name of the trademark
or service mark; (ii) the date the registration was issued; (iii) the country
of registration; and (iv) the registration number. This information is
required in addition to the standard information required of all potential
registrants, see Paragraph 3. above.
This information shall be
included in the Whois informational database to facilitate the resolution
of disputes over Sunrise Registrations. The Whois database shall be made
available at the commencement of the Sunrise Period. Neither the .INFO
Registry Operator nor 1stDomain.Net will verify any of this information
prior to issuing a Sunrise Registration, but the .INFO Registry Operator
reserves the right to refuse or cancel any Sunrise Registration at any
time and to request additional information relating to a Sunrise Registration
from the registrant.
In the event that separate
applicants submit Registered Name requests for identical trademarks, the
first request to be processed by the .INFO Registry System that meets the
criteria for a Sunrise Registration will be awarded the domain name registration.
Sunrise Registrations will only be accepted for registration terms of at
least five years.
The .INFO Registry Operator
(".INFO RO") will prohibit the transfer of all domain names registered
during the Sunrise Period for a period of up to six months following the
last day of the Sunrise Period, except for transfers made as a result of
a successful challenge, a decision in a Uniform Dispute Resolution Policy
("UDRP") administrative proceeding, or an order from any court of competent
jusidiction. In addition, Sunrise Registrations that are subject to one
or more pending challenges (see "Sunrise Dispute Reolution Policy" below)
may not be transferred until such challenges are resolved. Sunrise Registrations
shall otherwise be subject to the terms of this Agreement.
You agree to be subject to
and submit to proceedings commenced under the current Sunrise Dispute Resolution
Policy ("SDRP") of the .INFO Registry. Details on the Sunrise Dispute Resolution
Policy will be published by the .INFO registry, Afilias Limited, and are
incorporated into this agreement by reference, see Sunrise
Challenge process. The .INFO Registry may modify the SDRP in its sole
discretion at any time. Your continued registration of your domain name
after modification to the SDRP becomes effective constitutes your acceptance
of those modifications. If you do not agree to such a modification, you
may request that your domain name be deleted. You agree that you will be
subject to the provisions specified in the SDRP in effect at the time your
domain name is challenged by a third party. You also agree that in the
event a sunrise domain name dispute arises with any third party, you will
indemnify and hold 1stDomain.Net harmless pursuant to the terms and conditions
contained in the SDRP.
Additional Agreement for
domain name registrations under .NAME:
.name RESTRICTIONS
Registrations in the .name
TLD must constitute an individual’s “Personal Name”. For purposes of the
.name restrictions (the “Restrictions”), a "Personal Name" is a person's
legal name, or a name by which the person is commonly known. A "name
by which a person is commonly known" includes, without limitation, a pseudonym
used by an author or painter, or a stage name used by a singer or actor.
As a .name domain name Registrant,
you hereby certify to the best of your knowledge that:
(a) You have the authority
to enter into this Agreement; and
(b) The registered domain
name or second level domain (“SLD”) email address is your Personal Name.
(c) You agree that 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 ICANN Agreement or an ICANN/Registry Policy.
You hereby acknowledge that
you have read and understood and agree to be bound by the additional terms
and conditions of the following documents for .name registrations, as they
may be amended from time to time, which are hereby incorporated and made
an integral part of this Agreement:
(a) the Eligibility Requirements
(the “Eligibility Requirements”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(b) the Eligibility Requirements
Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(c) the Uniform Domain Name
Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements
dictate that Personal Name domain names and Personal Name SLD email addresses
will be granted on a first-come, first-served basis, except for registrations
granted as a result of a dispute resolution proceeding or during the landrush
procedures in connection with the opening of the Registry TLD. The following
categories of Personal Name Registrations may be registered: (i)
the Personal Name of an individual; (ii) the Personal Name of a fictional
character, if you have trademark or service mark rights in that character's
Personal Name; (iii) in addition to a Personal Name registration, you may
add numeric characters to the beginning or the end of your Personal Name
so as to differentiate it from other Personal Names.
The ERDRP applies to challenges
to (i) registered domain names and SLD email address registrations within
.name on the grounds that a Registrant does not meet the Eligibility Requirements,
and (ii) to Defensive Registrations within .name.
The UDRP sets forth the
terms and conditions in connection with a dispute between a Registrant
and party other than Global Name Registry (“Registry Operator”) or Registrar
over the registration and use of an Internet domain name registered by
a Registrant.
All of the policies above
may be modified by ICANN and the .name Registry in its sole discretion
at any time. Your continued registration of your domain name 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 domain name be deleted. No fees will be refunded if you
choose this option and terminate the agreement.
EMAIL FORWARDING
(a) The service for which
you have registered may, at your option, include Email Forwarding.
To the extent you opt to use Email Forwarding, you are obliged to do so
in accordance with all applicable legislation and are responsible for all
use of Email Forwarding, including the content of messages sent through
Email Forwarding.
(b) You undertake to familiarize
yourself with the content of and to comply with the generally accepted
rules for Internet and email usage. This includes, but is not limited
to the Acceptable Use Policy, as well as the following restrictions. Without
prejudice to the foregoing, you undertake not to use Email Forwarding:
(i) to encourage, allow
or participate in any form of illegal or unsuitable activity, including
but not restricted to the exchange of threatening, obscene or offensive
messages, spreading computer viruses, breach of copyright and/or proprietary
rights or publishing defamatory material;
(ii) to gain illegal access
to systems or networks by unauthorized access to or use of the data in
systems or networks, including all attempts at guessing passwords, checking
or testing the vulnerability of a system or network or breaching the security
or access control without the sufficient approval of the owner of the system
or network;
(iii) to interrupt data
traffic to other users, servers or networks, including, but not restricted
to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts
to overload another system or other forms of harassment; or
(iv) for spamming, which
includes, but is not restricted to, the mass mailing of unsolicited email,
junk mail, the use of distribution lists (mailing lists) which include
persons who have not specifically given their consent to be placed on such
a distribution list.
Users are not permitted
to provide false names or in any other way to pose as somebody else when
using Email Forwarding.
(c) The .name Registry Operator
reserves the right to implement additional anti-spam measures, to block
spam or mail from systems with a history of abuse from entering .name Registry
Operator’s Email Forwarding. However, due to the nature of such systems,
which actively block messages, .name Registry Operator shall make public
any decision to implement such systems a reasonable time in advance, so
as to allow you or 1stDomain.Net to give feedback on the decision.
(d) You understand and agree
that the .name Registry Operator may delete material that does not conform
to clause (c) above or that in some other way constitutes a misuse of Email
Forwarding. You further understand and agree that the .name Registry
Operator is at liberty to block your access to Email Forwarding if you
use Email Forwarding in a way that contravenes this Agreement. You
will be given prior warning of discontinuation of the Email Forwarding
unless it would damage the reputation of .name Registry Operator or jeopardize
the security of .name Registry Operator or others to do so. The .name Registry
Operator reserves the right to immediately discontinue Email Forwarding
without notice if the technical stability of Email Forwarding is threatened
in any way, or if you are in breach of this Agreement. On discontinuing
Email Forwarding, .name Registry Operator is not obliged to store any contents
or to forward unsent email to you or a third party.
(e) You understand and agree
that to the extent the .name Registry Operator is required by law to disclose
certain information or material in connection with your Email Forwarding,
Registry Operator will do so in accordance with such requirement and without
notice to you.
DEFENSIVE REGISTRATIONS
Defensive Registrations
allow owners of nationally registered marks to exclusively pre-register
on the .name space and create a protective barrier for their trademarks.
A “Defensive Registration” is a registration granted to a third party of
a specific string on the second or third level, or of a specific set of
strings on the second and third levels, which will not resolve within the
domain name system but may prevent the registration of the same string(s)
on the same level(s) by other third party applicants.
PHASES OF DEFENSIVE REGISTRATIONS
(a) As a Defensive
Registration Registrant (“Defensive Registrant”), you hereby certify to
the best of your knowledge that for Phase I Defensive Registrations (“Phase
I Defensive Registrants”), you own valid and enforceable trademark or service
mark registrations having national effect that issued prior to April 16,
2001 for strings that are identical to the textual or word elements, using
ASCII characters only, subject to the same character and formatting restrictions
as apply to all registrations in the Registry TLD. You understand
that trademark or service mark registrations from the supplemental or equivalent
Registry of any country, or from individual states or provinces of a nation,
will not be accepted. Subject to the same character and formatting restrictions
as apply to all registrations in the Registry TLD, if a trademark or service
mark registration incorporates design elements, the ASCII character portion
of that mark may qualify to be a Phase I Defensive Registration.
(b) Phase II Defensive Registrants
may apply for a Defensive Registration for any string or combination of
strings.
(c) Defensive Registrants,
whether Phase I or Phase II shall comply with the following Eligibility
Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
and which is incorporated herein by reference.
PROVISION OF REGISTRATION
DATA
In addition to the information
provided in paragraph 3 above: "Personal Data", Phase I Defensive Registrants
must also provide (1) the name, in ASCII characters, of the trademark or
service mark being registered; (2) the date the registration issued; (3)
the country of registration; and (4) the registration number or other comparable
identifier used by the registration authority.
DOMAIN NAME DISPUTE POLICY
(a) If you registered
a Defensive Registration, you agree that: (i) the Defensive Registration
will be subject to challenge pursuant to the Eligibility Requirements Dispute
Resolution Policy (“ERDRP”); (ii) if the Defensive Registration is successfully
challenged pursuant to the ERDRP, the Defensive Registrant will pay the
challenge fees; and (iii) if a challenge is successful, then the Defensive
Registration will be subject to the procedures described in Section 2(h)
of Appendix L to the agreement of Global Name Registry (“Registry Operator”)
with the Internet Corporation for Assigned Names and Numbers (“ICANN”),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
(b) You further agree that
if a Phase I Defensive Registration is successfully challenged on the basis
that it did not meet the applicable Eligibility Requirements, the Defensive
Registrant will thereafter be required to demonstrate, at its expense,
that it meets the Eligibility Requirements for Phase I Defensive Registrations
for all other Phase I Defensive Registrations that it registered within
.name through any Registrar. In the event that the Defensive Registrant
is unable to demonstrate the foregoing with respect to any such Phase I
Defensive Registration(s), those Defensive Registration(s) will be cancelled.
(c) The ERDRP applies to,
among other things, challenges to Defensive Registrations within .name
and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your
Defensive Registration is challenged by a third party, you will be subject
to the provisions specified in the Defensive Registration dispute policy
in effect at the time of the dispute. You agree that in the event
a Defensive Registration dispute arises with any third party, you will
indemnify
and hold 1stDomain.Net harmless pursuant to the terms and conditions set
forth in this Agreement.
CONSENT
Defensive Registrants may
be asked to give their consent to allow individuals to share a part of
their space. For example, if you have filed a Defensive Registration
on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you
may be asked to give consent to John Pqr to register JOHN.PQR.name if he
can prove that PQR is his name. In such a circumstance, you will
have five (5) days to respond to a request for consent.
Addendum: Reservation
of Rights
1stDomain.Net and/or any
applicable domain name Registry, including VeriSign Inc, Afilias Limited,
NeuLevel Inc., Global Name Registry, expressly reserve the right to deny,
cancel or transfer any registration that it deems necessary, in its discretion,
to protect the integrity and stability of the respective Registry, to comply
with any applicable laws, government rules or requirements, request of
law enforcement, in compliance with any dispute resolution process, in case of
suspected credit card fraud, or
to avoid any liability, civil or criminal, on the part of 1stDomain.Net
and/or the applicable domain name Registry, including VeriSign Inc, Afilias
Limited, NeuLevel Inc., Global Name Registry, as well as their affiliates,
subsidiaries, officers, directors and employees. 1stDomain.Net and/or any
applicable domain name Registry, including VeriSign Inc, Afilias Limited,
NeuLevel Inc., Global Name Registry, also reserve the right to freeze a
domain name during resolution of a dispute.
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