Registry Registrar Agreement ("Agreement") is between you, the person or entity registering a domain or domains and HOSTEUR.COM , and is effective when accepted by HOSTEUR.COM, (the "Effective Date").
HOSTEUR.COM may elect to accept or reject your offer to enter into this Agreement for any reason in its sole discretion, such rejection including, but not limited to, a rejection based on a request for registration of a prohibited domain.
1. Our Services:
Your domain registration will be effective upon occurrence of all of the following:
- You offer to HOSTEUR.COM this Agreement, without modification, for HOSTEUR.COM 's acceptance;
- HOSTEUR.COM accepts this Agreement and your domain registration application;
- HOSTEUR.COM receives payment of the registration, renewal and reinstatement fees as applicable; and HOSTEUR.COM delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the registry administrator puts into effect your domain registration application.
In addition, in accordance with your selections during the domain registration process, HOSTEUR.COM may provide you with the option of additional paid/free services in accordance with the terms below but reserves the right to modify/discontinue those services at any time. You must agree to abide by the terms, or HOSTEUR.COM will not provide the services you selected to you. For the following service(s): Our hosting services, Whois Privacy, please review those individual links to see their Terms of Service, in addition to this Agreement.
2. Limitation of Liability:
You understand that HOSTEUR.COM does not control all aspects of the domain registration process. For example, once you complete a domain application, HOSTEUR.COM forwards the information contained in the application to the appropriate Registry Administrator for processing and actual registration of the name. HOSTEUR.COM disclaims, and you agree that HOSTEUR.COM is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrators. HOSTEUR.COM will not be held liable, nor refund a domain name registration due to spelling errors/typos.
3. Multiple Domain Registrations:
HOSTEUR.COM , in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.
4.1 Payment of fees as a condition to domain registration. As consideration for the domain registration service provided by HOSTEUR.COM , you agree to pay HOSTEUR.COM , prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via a valid Credit Card (no checks). Except as provided herein, all fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed Registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.
4.2 Reservation of right to modify fees. HOSTEUR.COM reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
4.3 Credit card charge-backs for domain registrations. In the event of a charge-back to HOSTEUR.COM by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to HOSTEUR.COM , Inc. as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. HOSTEUR.COM also reserves the right to lock your account and the remainder of your domains until a payment is made to cover any administrative fees or chargeback fees in the amount of 100 €. In HOSTEUR.COM , Inc.'s sole discretion, it may reinstate your domain registration, subject to HOSTEUR.COM 's receipt of the registration fee and any reinstatement fees (100 €) imposed by HOSTEUR.COM .
4.4 Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until a payment is made to cover any administrative fees or chargeback fees in the amount of 100 €. In HOSTEUR.COM 's sole discretion, it may reinstate your services, subject to HOSTEUR.COM 's receipt of the non-domain registration fee and any reinstatement fees (100 €) imposed by HOSTEUR.COM .
4.5 HOSTEUR.COM reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You.
5. Required domain registration information:
5.1 Registration information. As part of the domain registration process and in accordance with ICANN Policies, a domain registrant is required to submit and keep current the following information (collectively, the "Registration Information"):
- The domain registrant's name and postal address;
- The domain being requested;
- Administrative contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain; and
- Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.
5.2 Additional registration information. In addition, in accordance with ICANN policies, HOSTEUR.COM is obligated to maintain additional information relating to a domain registration, which may include (collectively, "Additional Registration Information"):
- The original creation date of the domain registration;
- The submission date and time of the registration application to us and by us to the proper registry;
- Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
- Records of account for your domain registration, including dates and amounts of all payments and refunds;
- The IP addresses of the primary nameserver and any secondary nameservers for the domain;
- The corresponding names of those nameservers;
- The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;
- The name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for the domain;
- The expiration date of the registration; and
- Information regarding all other activity between you and us regarding your domain registration and related services.
5.3 Use of registration information and additional registration information. You agree and acknowledge that HOSTEUR.COM will make available the Registration Information and the Additional Registration Information to ICANN; to other third parties such as VeriSign, Inc. Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International (collectively, "Registry Administrators"); and as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that HOSTEUR.
COM may or must make available to the public or to private entities, and the manner in which such information is made available.
Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain.
Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.
5.4 Information updating and accuracy obligations. As a condition to continued registration of your domain, you must keep the Registration Information current, complete and accurate.
You may access your Registration Information in HOSTEUR.COM 's possession to review, modify or update such Registration Information, by accessing HOSTEUR.COM 's domain manager service, or similar service, made available at our Web site.
In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information promptly will constitute a material breach of this Agreement and may result in the cancellation of your domain registration.
You further agree that your failure to respond in less than ten (10) calendar days to inquiries by HOSTEUR.COM concerning the accuracy of the Registration Information or immediately upon discovery of any willful inaccuracy (including i.e. phone number of 555-1212, 000-0000) associated with your domain registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain registration.
5.5 Information requirements for renewals. Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.
5.6 Ownership of data. You agree and acknowledge that HOSTEUR.COM owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database ("Domain Database"), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that HOSTEUR.COM owns the following information for those domain registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information HOSTEUR.COM generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. HOSTEUR.COM does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database.
5.7.1 The Registered Name Holder shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements listed in Subsections 126.96.36.199, 188.8.131.52 and 184.108.40.206.
5.7.2 A Registered Name Holder's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.
5.7.3 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its 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 Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.
5.7.4 Registrar shall provide notice to each new or renewed Registered Name Holder stating:
220.127.116.11 The purposes for which any Personal Data collected from the applicant are intended;
18.104.22.168 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
22.214.171.124 Which data are obligatory and which data, if any, are voluntary; and
126.96.36.199 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.
5.7.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 5.7.4.
5.7.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 5.7.4 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 5.7.5 of any such third-party individuals.
5.7.7 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 5.7.4 above.
5.7.8 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
5.7.9For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.
5.7.10 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
5.7.11 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.
6. Domain parking:
6.1 In the domain registration process, you will be asked to provide name servers to associate with the domain being registered.
If you do not enter name servers for the domain at that time, the domain will be automatically placed on name servers provided by HOSTEUR.COM , and internet users that type in the domain will be redirected to a "coming soon" page (collectively, "parking a domain" or a "parked domain").
There is no charge for parking a domain.
By not designating name servers during the registration process, you hereby consent to and authorize HOSTEUR.COM 's placement of a "coming soon" page, and its associated contents, on your parked domain. You may change the name server configuration (or "un-park" the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with HOSTEUR.COM until you modify the name servers after the domain registration is complete, using your account manager.
6.2 In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an "expired" page (collectively, "parking a domain" or a "parked domain"). There is no charge for the parked domain.
By not renewing the domain, HOSTEUR.COM may place an "expired" page, and its associated contents, on the parked domain.
You may change the name server configuration (or "un-park" the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with HOSTEUR.COM until you modify the name servers after the domain renewal is complete, using your account manager.
6.3 The "coming soon" and/or "expired" pages may contain advertisements and other materials selected by HOSTEUR.COM , in HOSTEUR.COM 's sole discretion.
This may include, but is not limited to third-party Web sites, third-party product and service offerings, and/or Internet search engines.
6.4 404 Error Page. In the event you fail to configure a 404 error page, a default 404 error page will be configured by HOSTEUR.COM to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize HOSTEUR.COM 's placement of a default 404 error page and its associated content on your website. HOSTEUR.COM 's 404 error page may contain advertisements and other materials selected by HOSTEUR.COM in HOSTEUR.COM sole discretion. This may include, but is not limited to, third-party website, third-party product and service offerings, and/or Internet search engines.
You may change the 404 error page configuration at any time.
6.5 DNS Wildcard. In the event you utilize HOSTEUR.COM 's DNS management services and fail to configure a wildcard DNS for your domain, HOSTEUR.COM may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. HOSTEUR.COM may point those subdomains to a web page that may contain advertisements and other materials selected by HOSTEUR.COM in HOSTEUR.COM 's sole discretion. This may include, but is not limited to, third-party website, third-party product and service offerings, and/or Internet search engines.
7. Registration renewal:
7.1Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. HOSTEUR.COM shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.
You may be notified at HOSTEUR.COM 's sole discretion when renewal fees are due.
Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled.
Payment must be made by such other method as we indicate in the renewal form.
If your billing information is not accurate, you are solely responsible for the failure to renew.
7.2Autorenewal. You agree that if you paid for any services provided hereunder by credit card, you hereby authorize but do NOT obligate, HOSTEUR.COM to automatically charge your credit card and renew the applicable service(s) on or before their renewal date using the credit card information you have provided to HOSTEUR.COM , unless you notify HOSTEUR.COM that you do not wish to participate in HOSTEUR.COM 's automatic renewal process.
HOSTEUR.COM must receive notification of your intent to not renew (opt-out) no earlier than thirty (30) days prior to renewal date or on renewal date. In the absence of such notification from you, HOSTEUR.COM will automatically renew, for a period of one year, any domain that is up for renewal and will charge the credit card you have on file with HOSTEUR.COM , at HOSTEUR.COM 's then current rates. You are solely responsible for the credit card information you provide to HOSTEUR.COM and must promptly inform HOSTEUR.COM of any changes thereto (e.g., change of expiration date or account number).
If the credit card has expired or is otherwise invalid, you are solely responsible for a failure to renew and HOSTEUR.COM shall not be liable for your failure.
7.3 Grace Period; Transfer of Expired Domain Names. You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name during any applicable grace period, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer ("ED Transfer").
7.4 New Customers through SnapNames and/or ED Transfers. If you are registering a domain name that was registered with, and not yet deleted by, HOSTEUR.COM at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: Your rights to the domain name are non-transferable to any person nor Registrar for the first eighty (80) days of registration from the date the domain expired, prior to purchase, without notice, at HOSTEUR.COM 's discretion. In addition, it is your responsibility to verify if any domain is infringing anyone else's rights, prior to registration. If the domain name you have registered is found to be infringing on another person's rights, based solely on HOSTEUR.COM 's discretion, HOSTEUR.COM has the right to cancel your registration immediately. If your rights are terminated, your sole remedy will be limited to a prorated refund of the price paid to us for the domain name. If it is a willful violation of our agreement, you will not be entitled to any refund. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME. YOU AGREE TO INDEMNIFY US FOR ANY ACTION COMMENCED BECAUSE OF YOUR FAILURE TO FOLLOW THE TERMS OF THIS AGREEMENT AND INFORM AND VERIFY THE ACCEPTANCE OF THIS AGREEMENT BY OTHER USERS OF THE DOMAIN.
8. Dispute resolution policy:
You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable to the domain that you have selected. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is a required component of every Agreement. The Dispute Policies are hereby incorporated and made a part of this Agreement by reference. Certain disputes, as specified in the applicable Dispute Policy, are subject to that Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold HOSTEUR.COM harmless pursuant to the terms and conditions contained in the Dispute Policy. The Dispute Policy may be modified at any time by the applicable Registry Administrator(s) and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the SLD name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where Registrar is located.
9. Change of registrant of domains:
9.1 Transfer of registration to another registrant. The entity or person named as the "registrant" at the time the controlling user name and password are secured shall be the registrant of the domain.
You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, HOSTEUR.COM reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the person or entity to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Agreement.
Your domain will not be transferred until we receive such written assurances and/or actual payment of the transfer fee, if any is imposed (or reasonable assurance as determined by HOSTEUR.COM in its sole discretion).
You acknowledge and agree that if you attempt to transfer your domain registration without paying HOSTEUR.COM any amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.
9.2 When changing the name of Registrant within HOSTEUR.COM , you agree that the domain name may be changed back to the Registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or reasonable time as determined at HOSTEUR.COM 's discretion) by Registrant that was listed immediately prior to change.
9.3 Transfer of registration to or from another registrar. When transferring a domain name into HOSTEUR.COM as the new Registrar of record and simultaneously changing the name of Registrant or subsequently changing the name of Registrant, you agree that the domain name may be re-transferred back to the losing Registrar upon written (email is acceptable) request by Registrant that was listed immediately prior to transfer or upon request by losing Registrar. At the time of transfer into HOSTEUR.COM , you must complete all required information requested through the online transfer application, i.e. contact information, nameserver information, etc. HOSTEUR.COM may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.
9.4Restrictions on transfer. You agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: 1) initial domain registration or 2) completion of a domain transfer into HOSTEUR.COM If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to HOSTEUR.COM for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by HOSTEUR.COM to effect the transfer.
Your request to transfer to another registrar may be denied in situations described in the Dispute Policy, including, but not limited to; a dispute over the identity of the domain holder; bankruptcy; and default in the payment of any fees.
9.5Transfer Lock. You agree that HOSTEUR.COM may, but is NOT obligated to, automatically opt your domain name into its Transfer Lock service to help protect against unauthorized transfers (applicable for .com and .net domain names). HOSTEUR.COM does NOT warranty NOR guarantee the service will prevent any unauthorized transfer of domain name(s). You may log in to your account and disable this service at anytime if you do not wish to use the service. HOSTEUR.COM will NOT be liable for any inconvenience this may cause you to properly transfer your domain.
You are solely responsible for a failure to transfer the domain. HOSTEUR.COM shall not be liable for your failure.
10. Acceptable Use Policy:
You understand that all information, data, text, software programs, music, sound, photographs, graphics, video, messages or other materials ( collectively "Content"), whether publicly posted on your website or privately transmitted via email or in any other manner, is the sole responsibility of the person from which such Content originated. This means that you, and not HOSTEUR.COM , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available. Under no circumstances will HOSTEUR.COM be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available.
HOSTEUR.COM and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via our services. Without limiting the foregoing, HOSTEUR.COM and its designees shall have the right to remove any Content that violates this Registration Agreement or is otherwise objectionable. Further, you acknowledge and agree that HOSTEUR.COM may preserve Content and may also disclose such Content if required to do so by law or upon the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Registration Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of HOSTEUR.COM , its users and the public. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by HOSTEUR.COM or submitted to HOSTEUR.COM , including without limitation information in Message Boards and all other parts of our services.
You agree to:
a. not upload, post, email, transmit or otherwise make available (collectively, "Transmit") any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. not harm minors in any way;
c. not impersonate any person or entity, including, but not limited to, a HOSTEUR.COM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted;
e. not Transmit any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. not Transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. not Transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. not Transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. not disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. not interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks;
k. not relay email from a third party's mail servers without the permission of that third party.
l. not use "robots" or otherwise harvesting other's email addresses from the HOSTEUR.COM site for purposes of sending unsolicited or unauthorized material.
m. not upload, post, email, or transmit the same message, URL, or post multiple times.
n. not intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
o. not "stalk" or otherwise harass another; or
p. not collect or store personal data about other users.
q. not upload or post any credit card account data or otherwise transmit any insecure credit card account data.
11. Unsolicited email prohibited; consequences of sending unsolicited email:
11.1 Unsolicited email prohibited. You are strictly prohibited from mass-mailing unwanted email advertisements or solicitations of any type (e.g. SPAM, UCE) (collectively, "Unsolicited Email"). Further, in conjunction with all state and federal laws (which you should be aware of and in compliance with when sending out any mail), HOSTEUR.COM prohibits a person from sending out or conspiring with another to initiate the transmission of Unsolicited Email that:
(a) uses a third party's internet domain without permission of the third party
(b) misrepresents or obscures any information in identifying the point of origin, IP address, or the transmission path of a commercial electronic mail message;
(c) contains false or misleading information in the subject line or inappropriate/adult material (as determined by HOSTEUR.COM ) in the message body;
(d) contains an ineffective opt-out procedure; or
(e) uses an email list without knowledge of its source. Any user that is a sender of an email that is in violation of the rules in this agreement and/or any law or regulation is required to indemnify and hold HOSTEUR.COM harmless due to the sender's act or omission in sending the email.
11.2 Right to Disable Account or Domain.
If you send Unsolicited Email and/or are listed on a public database (i.e. SpamHaus), HOSTEUR.COM reserves the right, in its sole discretion, to immediately disable any domain or user account that allegedly sent such unsolicited email(s) in order to forestall further abuse or damage to email systems.
Unsolicited Email sent from other networks that reference email accounts of domains registered by HOSTEUR.COM shall be considered to have originated from the account referenced, unless compelling reasons are provided to HOSTEUR.COM , such that HOSTEUR.COM believes that the Unsolicited Email originated with an unrelated third party.
11.3Single complaint of Unsolicited Email.
If HOSTEUR.COM receives a complaint regarding Unsolicited Email, HOSTEUR.COM will reasonably investigate the claim by, among other things, contacting the administrative contact and/or the account owner of the domain at the listed email address.
If there is no response within five (5) days of our request, HOSTEUR.COM will, in its discretion, take such action as it deems warranted to prevent further sending of Unsolicited Email, including but not limited to suspending and locking the domain.
If the domain registrant wishes to reinstate the domain after a 'lock' is in place, it must apply to do so with HOSTEUR.COM , take such remedial measures as HOSTEUR.COM may request, and HOSTEUR.COM may unlock the account, in its sole discretion.
For those domains approved to be unlocked, an administrative fee and a probationary period may also be imposed at HOSTEUR.COM 's discretion.
11.4Multiple complaints of Unsolicited Email.
If HOSTEUR.COM receives two or more complaints for two or more different domains within the same account related to Unsolicited Email, and there is no response to either or both requests for explanation, HOSTEUR.COM may suspend and lock the domains in question and lock and disable the domains in the entire account.
For those domains within the account that have not received an Unsolicited Email complaint, such domains may be permitted to be transferred to another registrar at the account owner/domain registrant's sole expense. However, the domains that have received Unsolicited Email complaints will remain locked and suspended, at HOSTEUR.COM 's discretion.
11.5Additional Unsolicited Email guidelines. Certain HOSTEUR.COM services may have additional Unsolicited Email guidelines explaining appropriate conduct for those services. It is the user's responsibility to read and comply with each service's guidelines for additional details regarding Unsolicited Email.
11.6Enforcement of Unsolicited Email policy. In addition to the above actions, violations of this Section 11 may result in legal action and/or a fine against you and the termination, without notice, of your account and/or anything associated with it, including, but not limited to, email accounts, posts, home pages, and profiles.
Nothing in this policy is intended to grant any right to transmit email to or through HOSTEUR.COM computer systems.
12. Agents and licensing:
You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Agreement, including the Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at HOSTEUR.COM 's discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing).
Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you remain fully liable for any actions of the licensee using the domain.
13. Representations and warranties:
In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have
(a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and
(b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.
14.1Indemnification of HOSTEUR.COM .
You will indemnify, hold harmless, and defend HOSTEUR.COM and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the "Indemnified Parties") from any and all Claims. "Claim" means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arises out of:
(a) your breach of this Agreement or any of HOSTEUR.COM 's policies applicable to this domain registration or related services,
(b) the operation of your domain,
(c) any negligent act or omission by you, or
(d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy).
"Reasonable attorneys' fees and costs" as used in this Section 14 includes without limitation fees and costs incurred to interpret or enforce this Section 14. HOSTEUR.COM may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim.
HOSTEUR.COM will provide you with reasonably prompt notice of any Claim.
14.2Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. This indemnification obligation shall survive the termination or expiration of the registration agreement. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.
15. Warranty disclaimer limitation of liability:
15.1Disclaimer of warranty. EXCEPT FOR THE REPRESENTATION THAT HOSTEUR.COM IS AN ICANN-APPROVED DOMAIN REGISTRAR, HOSTEUR.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, DOMAIN NAME REGISTRATION AND ANY ENCRYPTION SERVICES. FURTHER, HOSTEUR.COM EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR AN INTENDED PURPOSE, PROPER WORKMANSHIP, NON-NEGLIGENCE, AND NON-INFRINGEMENT. WITHOUT ANY LIMITATION TO THE FOREGOING, HOSTEUR.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
15.2Limitation of liability. YOU AGREE THAT HOSTEUR.COM WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING:
(A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME;
(B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE;
(C) INTERRUPTION OF BUSINESS;
(D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME;
(E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(F) EVENTS BEYOND HOSTEUR.COM 's REASONABLE CONTROL;
(G) THE PROCESSING OF THIS APPLICATION;
(H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR
(I) APPLICATION OF THE DISPUTE POLICY.
HOSTEUR.COM ALSO 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 HOSTEUR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HOSTEUR.COM 's MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.
SHOULD THIS AGREEMENT OR A DISPUTE POLICY BE AMENDED IN SUCH A MANNER THAT YOU DO NOT ACCEPT OR AGREE TO, YOUR SOLE REMEDY WILL BE TO CANCEL YOUR DOMAIN REGISTRATION (AND RECEIVE NO REFUND) OR TO REQUEST FOR DOMAIN TRANSFER.
16. Term and termination:
16.1Term. This Agreement is effective as of the "Effective Date." The term of this Agreement is from the Effective Date to the day that this Agreement ends through any of the following means:
(a) your domain registration is cancelled;
(b) your domain is actually transferred to a third party; or
(c) your domain expires or is terminated (in accordance with Section 16.3, below) (collectively, "Termination").
16.2Domain suspension, cancellation or transfer.
You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, "Cancellation")
(a) to correct mistakes by HOSTEUR.COM , another registrar, or a Registry Administrator in administering the name or
(b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. You also agree that HOSTEUR.COM shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after such time as HOSTEUR.COM receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.
16.3Termination. HOSTEUR.COM reserves the right to suspend, cancel, transfer or modify your domain registration if:
(a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by HOSTEUR.COM ;
(b) you use the domain to send Unsolicited Email, in violation of this Agreement or applicable laws;
(c) you use your domain in connection with unlawful activity; or
(d) you violate this Agreement.
16.4Survival. The following provisions will survive Termination or Cancellation of this Agreement: Sections 2, 12, 13, 14, 15, 16, and 17.
17. Additional terms:
17.1Personal Data. HOSTEUR.COM incorporates its Privacy Statement by reference, and HOSTEUR.COM 's Privacy Statement explains how HOSTEUR.COM collects information concerning identified or identifiable persons ("Personal Data").
In addition, you hereby represent that you have provided HOSTEUR.COM 's Privacy Statement to any person whose Personal Data you disclose to HOSTEUR.COM and that you have obtained their consent to the foregoing. HOSTEUR.COM will not process or disclose Personal Data in a manner inconsistent with the foregoing without providing notice consistent with its Privacy Statement. Your continued use of our services after such time period constitutes your agreement with HOSTEUR.COM 's revised policy and your representation that you notified the persons whose Personal Data has been provided to HOSTEUR.COM and have received their consent to the new policy.
17.2Modifications to Agreement. ICANN REQUIRES THAT THIS AGREEMENT MUST BE MODIFIED IMMEDIATELY TO REFLECT ANY AND ALL CHANGES REQUIRED BY ICANN. THUS, THIS AGREEMENT MAY BE MODIFIED AT ANY TIME TO REFLECT CHANGES IN ICANN'S POLICIES. Further, except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and/or
(2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on HOSTEUR.COM 's Web sites, or upon notification to you by email or United States mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by email or United States mail addressed as follows, Attention: Customer Support, 8100 NE Parkway Drive, Suite 300, WA 98662. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, but you will not incur any additional fees. By continuing to use HOSTEUR.COM services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes.
We are not bound by nor should you rely on any representation by
(i) any agent, representative or employee of any third party that you may use to apply for our services; or in
(ii) information posted on our Web site of a general informational nature.
17.3Governing law. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws.
17.4Notices. You agree that any notices required to be given under this Agreement by HOSTEUR.COM to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
17.5Relationship. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
17.6Waiver. The failure by HOSTEUR.COM to require performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by HOSTEUR.COM of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
17.7Severability. 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. HOSTEUR.COM 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 HOSTEUR.COM .
as reflected in the original provision.
17.8Assignment. This Agreement may be assigned by HOSTEUR.COM without your consent. You may not assign this Agreement (and the related domain registration) without the prior consent of HOSTEUR.COM and/or without using the HOSTEUR.COM domain transfer process in compliance with ICANN's policies.
17.9Intellectual Property. You understand and agree that all content and materials contained in this Agreement, other policies, the HOSTEUR.COM Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that HOSTEUR.COM or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of HOSTEUR.COM or its licensor. No license, distribution rights, or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise. If any license is granted, it is strictly for the purpose of this agreement and may not be sold or used in any other manner without the express written consent from HOSTEUR.COM .
You agree that HOSTEUR.COM , or its licensor holds all rights, title and interest in all intellectual property, including other rights related to intangible property, unless otherwise indicated ("Intellectual Property Rights"). You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such services.
17.10Entire agreement. This Agreement, and the attachments and documents referenced herein, including but not limited to the Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and HOSTEUR.COM , and supersede and govern all prior proposals, agreements, or other communications.
APPENDIX 1.ADDITIONAL REGISTRY REQUIREMENTS
Listed below are additional contractual requirements that you the registrant must agree to should you desire to register a domain in these registries.
1. .INFO. Should you seek to registrar a .INFO second level domain, you must agree to be bound by the following terms:
1.1 Registrant consents to the use, copying, distribution, publication, modification, and other processing of Registered Domain Holder's Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.
1.2 Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domains registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.
1.3 Registrant agrees to immediately correct and update the registration information for the Registered Name during registration term for the Registered Name, failure to correct this information shall constitute a breach of this Agreement.
1.4 Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
1.5 Registrar and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and Afilias also reserve the right to freeze a domain during resolution of a dispute
2.BIZ. Should you seek to registrar a .BIZ second level domain, you must agree to be bound by the following terms:
2.1 BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
a) To exchange goods, services, or property of any kind;
b) In the ordinary course of trade or business; or
c) To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation shall not constitute a "bona fide business or commercial use" of that domain.
2.2 BIZ CERTIFICATION. As a .biz domain registrant, you hereby certify to the best of your knowledge that:
(a) The registered domain will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or
(ii) solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
(b) The domain registrant has the authority to enter into the registration agreement; and
(c) The registered domain is reasonably related to the registrant's business or intended commercial purpose at the time of registration.
2.3 PROVISION OF REGISTRATION DATA.
2.3.1 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 domain;
(iv) the corresponding names of those nameservers;
(v) the full name, postal address, email address, voice telephone number, and fax number if available of the technical contact for the domain; (vi) the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain;
(vii) the name, postal address, email address, voice telephone number, and fax number if available of the billing contact for the domain; and
(viii) any remark concerning the registered domain 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.
2.3.2 Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain 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 email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain concerning the accuracy of contact details associated with any registration(s) or the registration of any domain(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 domain(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
2.4 DOMAIN DISPUTE POLICY. If you reserved or registered a .biz domain through us, you agree to be bound by our current domain dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Dispute Resolution Policy, available at http://w ww.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain is being used primarily for business or commercial purposes or that a domain is being used in compliance with the SUDRP or UDRP processes.
2.5 DOMAIN DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain 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.
2.6 DOMAIN DISPUTES. You agree that, if your use of our domain registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain registration services, you agree not to make any changes to your domain record without our prior approval. We may not allow you to make changes to such domain 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 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 registration services, we may deposit control of your domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.
2.7 RESERVATION OF RIGHTS. HOSTEUR.COM and the .biz Registry Operator, NeuLevel expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of HOSTEUR.COM and/or NeuLevel, as well as their affiliates, subsidiaries, officers, directors and employees. HOSTEUR.COM and NeuLevel also reserve the right to freeze a domain during resolution of a dispute.
3.NAME . Should you seek to registrar a .NAME second level domain, you must agree to be bound by the following terms:
3.1 Eligibility Requirements. You represent and warrant that every registration you are applying for in the .name TLD satisfies the eligibility requirements ("Eligibility Requirements") established by Global Name Registry Ltd., the registry for the .name TLD, which are available at the following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
3.2 Dispute Resolution Policies. You agree that every service for which you register is subject to the Uniform Domain Dispute Resolution Policy (the "UDRP") and the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), which are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm. Without limiting the foregoing, you agree that
(i) every Defensive Registration is subject to challenge pursuant to the ERDRP;
(ii) if a Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registration Holder will pay the challenge fees;
(iii) if a challenge to a Defensive Registration is successful, the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registration Holder's other Defensive Registrations; and
(iv) if a Phase I Defensive Registration (as defined by the .name registry) is successfully challenged on the basis that it does not meet the applicable eligibility requirements, the Defensive Registration Holder 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 the Defensive Registration Holder is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s)will be cancelled.
3.3 Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that neither the .name registry nor VeriSign shall have any liability of any kind for any loss or liability resulting from
(i) the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Registered Name, a second-level domain email address registration (an "SLD Email Address"), a Defensive Registration, or a NameWatch Registration using the services provided by VeriSign or the .name registry; or
(ii) any dispute over any Registered Name, SLD Email Address, Defensive Registration or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.
4.MOBI - Should you seek to registrar a .MOBI second level domain, you must agree to be bound by the following terms:
4.1 - Indemnify to the maximum extent permitted by law, defend and hold harmless the .MOBI Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration and or use, and this indemnification obligation survives the termination or expiration of the registration agreement;
4.2 - Indemnify, defend and hold harmless .MOBI Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration and or use, and this indemnification obligation survives the termination or expiration of the registration agreement;
4.3 - Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to HOSTEUR.COM being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement.
4.4 - Comply with ICANN requirements, standards, policies, procedures, and practices for which the .MOBI Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN;
4.5 - Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the .MOBI Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or domain registrants, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;
4.6 - Consent to the use, copying, distribution, publication, modification and other processing of your Personal Data by dotmobi, the .MOBI Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract and with relevant mandatory local data protection, laws and privacy;
4.7 - Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP");
4.8 - Immediately correct and update the registration information for the registered .MOBI Name during the registration term for the .MOBI Registered Name;
4.9 - Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation:
(a) the ability or inability of a registrant to obtain a Registered Name during these periods, and
(b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.
4.10 - Acknowledge and agree that the .MOBI Registry and .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion
(i) to protect the integrity and stability of the registry;
(ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process;
(iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;
(iv) for violations of the terms and conditions herein; or
(v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.
4.11 - Acknowledge and agree that you must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi ) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi ) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.
4.12 - Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.
5. ALL OTHER ccTLDs:
? 5.1 Eligibility Requirements. You represent and warrant that every registration you are applying for in the cc TLD satisfies the eligibility requirements ("Eligibility Requirements") established by the Registry Administrator for that specific country.