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1T3.com
knows that you care how information about you is used and shared, and
we appreciate your trust that we will do so carefully and sensibly.
This notice describes our privacy policy. By visiting any of the sites offered by 1T3.com, you are accepting the practices described in this Privacy Notice. - What Personal Information About Customers Does 1T3.com Gather?
Information You Give Us:
We
receive and store any information you enter on our Web site or give us
in any other way. We use the information that you provide for such
purposes as responding to your requests, providing our services (e.g.,
domain name registration, DNS hosting), and communicating with you.
Automatic Information:
We receive and store certain types of information whenever you interact
with us. For example, like many Web sites, we use "cookies," and we
obtain certain types of information when your Web browser accesses our
sites. Examples of the information we collect and analyze include the
Internet protocol (IP) address used to connect your computer to the
Internet; computer and connection information such as browser type and
version, operating system, and platform; the full Uniform Resource
Locators (URL) click stream to, through, and from our Web site,
including date and time. We use IP addresses to analyze trends,
administer the site, track user's movement, and gather broad
demographic information for aggregate use.
- What About Cookies? Cookies
are alphanumeric identifiers that we transfer to your computer's hard
drive through your Web browser to enable our systems to recognize your
browser. Besides using the information as described above, 1T3.com
utilizes cookies to control the flow of the ordering processes by
maintaining the state of your online transactions.
Some of our business partners may use cookies on our site (for
example, advertisers). However, we have no access to or control over
these cookies.
- Does 1T3.com Share the Information It Receives? Yes,
we do share information but only as described below. Otherwise we will
not provide your personal information without your consent. WHOIS:
We are required by the Internet Corporation for Assigned Names and
Numbers ("ICANN"), the organization that assumes responsibility for
domain name allocation, to collect information about you during the
domain name registration process. This information includes your full
name, mailing address, phone number, email address, and, where
provided, your facsimile number. ICANN then requires all registrars to
make your full name, mailing address, phone number, email address, and,
where provided, your facsimile number, as well as the creation and
expiration dates of your domain name registration and the name server
information associated with your domain name, to the public via an
interactive Web page and a "port 43" WHOIS service. For the purposes of
this Privacy Notice we will refer to this information as your "WHOIS
Information." Please note that we may not be able to control how
members of the public may use the WHOIS Information.
Agents:
We engage other companies and individuals to perform functions on our
behalf. Examples include processing credit card payments, providing
marketing assistance, providing customer services, sending postal mail
and email to you, removing repetitive information from customer lists,
and analyzing data. These persons have access to personal information
needed to perform their functions. These companies do not retain,
share, store or use personally identifiable information that you
provide to1T3.com for any secondary purposes.
Service Providers:
We engage other companies and individuals to perform enhanced services
on our behalf. For example, we have engaged Critical Path, Inc. to
provide free electronic mail services to our domain name registrants.
In addition, certain of our enhanced services such as our Web Site
Generator require that we contact Internet directories and various
search engines on your behalf. Many of our service providers have
access to personal information needed to perform their services. These
parties are not allowed to use personally identifiable information
except for the purpose of providing these services.
Business Transfer:
As we continue to develop our business, we might sell or buy businesses
or their assets. In such transactions, customer information generally
is one of the transferred business assets. Also, if1T3.com
or all or substantially all of its assets were ever to be acquired,
customer information will of course be one of the transferred assets.
Compliance:
We release account and other personal information when we believe
release is appropriate to comply with law; enforce or apply our
Services Agreement and other agreements; or protect the rights,
property, or safety of 1T3.com,
our users, or others. This includes exchanging information with other
companies and organizations for fraud protection and credit risk
reduction.
- How Secure Is Information About Me? We
work to protect the security of your information during transmission by
using Secure Sockets Layer (SSL) software, which encrypts information
you input and the information we may send to our agents. 1T3.com
has gone to great lengths to ensure your information is securely
obtained and held in compliance with the Card Holder Information
Security Program. For example, we encrypt your credit card number
before it is stored in our database. This ensures that no one may
access your credit card from our system. It
is important for you to protect against unauthorized access to your
password and to your computer. Be sure to sign off when finished using
a shared computer.
- What Information Can I Access? 1T3.com
gives you access to certain information about you for the limited
purpose of viewing and, in certain cases, updating that information. To
view or change this information, log-in to your account. When you
update information, we usually keep a copy of the prior version for our
records.
- Links - Conditions of Use, Notices, and Revisions If
you choose to visit 1T3.com, your visit and any dispute over privacy is
subject to this Notice and our Terms and Conditions, including
limitations on damages, arbitration of disputes, and application of the
law of the state of Washington. Our business changes constantly. This
Notice and the Terms and Conditions will change also, and use of
information that we gather now is subject to the Privacy Notice in
effect at the time of use. We may e-mail periodic reminders of our
notices and conditions, unless you have instructed us not to, but you
should check our Web site frequently to see recent changes.
1T3.com,
at its sole discretion, may change the terms, conditions and operation
of this Web site (the "Site") at anytime. By using this service the
user agrees to the terms of this disclaimer and further waives any
rights or claims it may have against 1T3.com. The
content available through the Site is the sole property of 1T3.com or
its advertisers, suppliers or licensors and is protected by patent,
copyright, trademark and other intellectual property laws. Except as
otherwise explicitly agreed in writing, 1T3.com-owned content received
through the Site may be downloaded, displayed, reformatted and printed
for your personal, non-commercial use only. Content owned by 1T3.com
advertisers, suppliers or licensors may be subject to additional
restrictions. You agree not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast or circulate the content received
through the Site to anyone, including but not limited to others in the
same company or organization without 1T3.com's express prior written
consent. WE
AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE 1T3.COM WEB
SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS OR IMPLIED. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME
STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE
FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH
VARY FROM STATE TO STATE. WITHOUT
LIMITING THE FOREGOING, 1T3.COM SHALL NOT BE LIABLE TO YOU OR YOUR
BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE
DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE
OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF
WARRANTY OR ANY OBLIGATION ARISING THERE FROM OR OTHERWISE, WHETHER
LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND
STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN
ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY
HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN
ADEQUATE REMEDY. YOU
ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY
ADVERTISE THEIR PRODUCTS AND SERVICES ON THE 1T3.COM WEB SITE AND THAT
1T3.COM MAY FORMPARTNERSHIPS OR ALLIANCES WITH SOME OF
THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF
THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE
THAT AT NO TIME IS 1T3.COM MAKING ANY REPRESENTATION OR WARRANTY
REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL 1T3.COM BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN
CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY
DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST 1T3.COM
WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM
EXTENT PERMITTED BY LAW. 
This
Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of 1T3.com domain name registration services to
register an Internet domain name, your registration of that domain
name, as well as other 1T3.com domain name related services. In this
Agreement "you" and "your" refer to each customer and "we", "us" and
"our" refer to 1T3.com. This Agreement explains our obligations to you,
and explains your obligations to us for various 1T3.com services. By
selecting our service(s) you have agreed to establish an account with
us for such services. When you use your account or permit someone else
to use it to purchase or otherwise acquire access to additional 1T3.com
service(s) or to cancel your 1T3.com service(s) (even if we were not
notified of such authorization), this Agreement covers such service or
actions. By using the service(s) provided by 1T3.com under this
Agreement, you acknowledge that you have read and agree to be bound by
all terms and conditions of this Agreement, the accompanying dispute
policy and any pertinent rules or policies that are or may be published
by 1T3.com.
This Agreement will become effective when
accepted by 1T3.com. 1T3.com may elect to accept or reject your domain
name registration application for any reason at its sole discretion,
such rejection including, but not limited to, rejection due to a
request for registration of a prohibited domain name. 1. Our Services: You
agree and acknowledge that 1T3.com is not liable or responsible in any
way for any errors, omissions or any other actions by the registry
administrator arising out of or related to your application and receipt
of, or failure to receive, a domain name registration. You
further agree to indemnify, defend and hold harmless the registry
administrator and its directors, officers, employees, and agents from
and against any and all claims, damages, liabilities, costs, and
expenses (including any direct, indirect, incidental, special or
consequential damages and reasonable legal fees and expenses) arising
out of, or related to, your domain name registration. 2. What We Do Not Do: We
cannot and do not check to see whether the domain name you select, or
the use you make of the domain name, infringes legal rights of others.
We urge you to investigate to see whether the domain name you select or
its use infringes legal rights of others, and in particular we suggest
you seek advice of competent counsel. You may wish to consider seeking
one or more trademark registrations in connection with your domain
name. You should be aware that there is the possibility we might be
ordered by a court to cancel, modify, or transfer your domain name. You
should also be aware that if we are sued or threatened with lawsuit in
connection with your domain name, we may turn to you to hold us
harmless and to indemnify us. 3. Fees: As
consideration for the domain name registration services and/or other
services provided by 1T3.com to you, you agree to pay 1T3.com, prior to
the effectiveness of the desired domain name registration, the
applicable service(s) fees for the initial registration of the domain
name and, should you choose to renew the registration, subsequent
renewals of the registration. All fees are non-refundable, in whole or
in part, even if your domain name registration is suspended, cancelled
or transferred prior to the end of your then current registration term.
Your requested domain name will not be registered unless we receive
actual payment of the registration fee, or reasonable assurance of
payment of the registration fee from some other entity (such reasonable
assurance as determined by 1T3.com in its sole discretion). As further
consideration for the 1T3.com service(s), you agree to: (1) provide
certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All
such information shall be referred to as account information ("Account
Information"). In the event of a charge back by a credit card company
(or similar action by another payment provider allowed by us) in
connection with the payments of the registration fee for your domain
name registration, you agree and acknowledge that the domain name
registration shall be transferred to 1T3.com as the paying entity for
that registration to the registry. 4. Disclaimer and Domain Name Dispute Policy: If
you request, reserved or registered a domain name through us, or
transferred a domain name to us from another registrar, you agree to be
bound by 1T3.com's current Disclaimer published on our site
("Disclaimer") and our current Domain Name Dispute Policy ("Dispute
Policy") which are incorporated herein and made a part of this
Agreement by reference. The Disclaimer can be found byclicking here and the Dispute
Policy can be found byclicking here.
Certain disputes, as specified in the Dispute Policy, are subject to
that Policy. You agree that, if the registration or reservation of your
domain name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time your
domain name registration is disputed by the third party. You also agree
that, in the event a domain name dispute arises with any third party,
you will indemnify and hold 1T3.com harmless pursuant to the terms and
conditions contained in the Dispute Policy. 5. Transfer to another Registrar: You
agree that you may not transfer your domain name registration to
another domain name registrar during the first sixty (60) days from the
effective date of your initial domain name registration with 1T3.com.
You agree to provide written, signed authorization to 1T3.com for the
transfer of the domain name to another registrar and agree to pay any
and all fees that may be charged by 1T3.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 name holder; bankruptcy;
and default in the payment of any fees. 6. Modifications to 1T3.com's Registration Agreement and Dispute Policy:
You agree, during the period of this
Agreement, that we may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under this Agreement.
Any such revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s) on
1T3.com's web site, or on notification to you by e-mail or United
States mail. You agree to review 1T3.com's web site, including the
Agreement, periodically to be aware of any such revisions. You agree
that, by continuing to use the 1T3.com services following notice of any
revision to this Agreement or change in service(s), you abide by any
such revisions or changes. You further agree that we, in our sole
discretion, may modify our Dispute Policy at any time. Your continued
use of the domain name registered to you shall constitute your
acceptance of this Agreement and the Dispute Policy with the new
modifications. You acknowledge that if you do not agree to any of such
changes, you may request that your domain name registration be
cancelled or transferred to a different domain name registrar. You
agree that such cancellation or request for transfer will be your
exclusive remedy if you do not wish to abide by any changes to this
Agreement or the Dispute Policy. 7. Account Information and Its Use: a. Information You Are Required to Submit.
As part of the registration process, you are required to provide
certain information and to update this information promptly as needed
to keep it current, complete and accurate. The information you are
obligated to provide in connection with the domain name you are
registering is the following:
i. The domain name being registered;
ii.
Your (or The domain name holder's) name, postal address, e-mail
address, voice telephone number, and where available, fax number; and
iii.
The name, postal address, e-mail address, voice telephone number, and
where available, fax number of the billing contact for the domain name;
and
iv. Valid payment information
You agree and
acknowledge that when you renew your domain name 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 registration may
not be renewed.
All other information which we may request
from you at registration is voluntary. However, not providing the
requested information may prevent you from obtaining all products and
services made available to domain name registrants by us, other than
registration of the domain name.
b. Additional Information Maintained About Your Registration.
In addition to the information you provide, we maintain records
relating to your domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application to us and by us to the proper registry;
iii.
Communications (electronic or paper form) constituting registration
orders, modifications, or terminations and related correspondence
between you and us;
iv. Records of account for your domain name registration, including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii.
The name, postal address, e-mail address, voice telephone number, and
where available, fax number of the technical contact for the domain
name;
viii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x.
Information and copies in electronic or paper form regarding all other
activity between you and us and third parties relating to your domain
name registration and related services.
c. Your Obligations Relating to the Account Information.
In the event that, in registering the domain name, you are providing
information about or on behalf of a third party, you hereby represent
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. By registering a name or applying for services you also
represent that the statements in its application are true and you also
represent that the Domain Name is not being registered for any unlawful
purpose.
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 sufficient basis for
cancellation of your domain name registration. You further agree that
your failure to respond for over ten (10 ) calendar days to inquiries
by 1T3.com concerning the accuracy of contact details associated with
your registration shall constitute a material breach of this Agreement
and will be sufficient basis for cancellation of your domain name
registration.
d. Privacy Policy: Disclosure and Use of Registration Information.
You agree and acknowledge that 1T3.com will make available domain name
registration information you provide or that we otherwise maintain to
ICANN, to the registry administrator(s), and to other third parties as
ICANN and applicable laws may require or permit. You further agree and
acknowledge that 1T3.com may make publicly available, or directly
available to third party vendors, some, or all, of the domain name
registration information you provide, for purposes of inspection (such
as through our "whois" service) or for targeted marketing and other
purposes as required or permitted by ICANN and applicable laws. Additionally,
you acknowledge that ICANN may establish guidelines, limits and/or
requirements that relate to the amount and type of information that
1T3.com may or must make available to the public or to private
entities, and the manner in which such information is made available. 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 name (including any updates to such information), whether during
or after the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may have
arising from such disclosure or use of your domain name registration
and other information by 1T3.com. You
may access your domain name registration information in our possession
to review, modify or update such information via e-mail. In order to
change any of your account information with us, you must use your
account Identifier. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password. 1T3.com will take
reasonable precautions to protect the information it obtains from you
from our loss, misuse, unauthorized access or disclosure, alteration or
destruction of that information.
8. Ownership of Information and Data:
You
agree and acknowledge that 1T3.com owns all database, compilation,
collective and similar rights, title and interests worldwide in our
domain name database, and all information and derivative works
generated from the domain name database. You further agree and
acknowledge that we own the following information for those
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, e-mail address, voice telephone number,
and where available fax number of all contacts for the domain name
registration, (d) any remarks concerning the registered domain name
that appear or should appear in the WHOIS or similar database, and (e)
any other information we generate or obtain in connection with the
provision of domain name registration services, other than the domain
name being registered, the IP addresses of the primary nameserver and
any secondary nameservers for the domain name, and the corresponding
names of those nameservers. 1T3.com does not have any ownership
interest in your specific personal registration information outside of
its rights in our domain name database.
9. Agents and Licenses: You
agree that, if you are registering a domain name for or on behalf of
someone else, you represent that you have the authority to nonetheless
bind that person as a principal to all terms and conditions provided
herein, including the Dispute Policy.
You
agree that if you license the use of the domain name registered to you
to a third party, you nonetheless remain the domain name holder of
record, and remain responsible for all obligations under this
Agreement, including but not limited to payment obligations, and
providing (and updating, as necessary) both your own full contact
information, and accurate technical, administrative, billing and zone
contact information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name and domain name
registration. 10. Announcements: We
reserve the right to distribute information to you that is pertinent to
the quality or operation of our services and those of our service
partners. These announcements will be predominately informative in
nature and may include notices describing changes, upgrades, new
products or other information to add security or to enhance your
identity on the Internet
11. Limitation of Liability:
YOU
AGREE THAT 1T3.COM WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF
THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME
REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY
THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY
RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND
1T3.COM'S CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR
IABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT
IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY.
1T3.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 1T3.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 1T3.COM'S MAXIMUM
AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR
REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR
HUNDRED DOLLARS ($400.00). 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.
12. Indemnity:
You
agree to release, indemnify, and hold all Registry Operators, 1T3.com,
their contractors, agents, employees, officers, directors and
affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising
under this Agreement, the 1T3.com services provided hereunder or your
use of the 1T3.com services, including without limitation infringement
by you, or someone else using any 1T3.com service with your computer,
of any intellectual property or other proprietary right of any person
or entity, or from the violation of any 1T3.com operating rule or
policy relating to the service(s) provided. When 1T3.com is threatened
with suit by a third party, 1T3.com may seek written assurances from
you concerning your promise to indemnify 1T3.com; your failure to
provide those assurances may be considered by us to be a breach of your
Agreement and may result in deactivation of your domain name. This
indemnification is in addition to any indemnification required under
the Dispute Policy.
13. Representations and Warranties:
YOU
REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE
REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY
OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU
FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN
CONNECTION WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN
NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR
STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME
REGISTRAR IN THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME
REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY
LIMITATION TO THE FOREGOING, 1T3.COM MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN
NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR
TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE 1T3.COM'S E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. 1T3.COM MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM 1T3.COM OR THROUGH THE E-MAIL SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. 14. Breach and Revocation:
1T3.com
reserves the right to suspend, cancel, transfer or modify your domain
name registration or suspend, cancel or modify other services we
provide in the event (a) you materially breach this Agreement
(including the Dispute Policy) and do not cure such breach within
thirty (30) days of notice by 1T3.com, (b) you use the domain name
registered to you to send unsolicited commercial advertisements in
contradiction to either applicable laws or customary acceptable usage
policies of the Internet, (c) you use your domain name in connection
with unlawful activity, or (d) grounds arise for such suspension,
cancellation, transfer or other modification as provided for in this
Agreement. You further acknowledge and agree that your registration of
a domain name is subject to suspension, cancellation or transfer by any
ICANN procedure, by any registrar (including 1T3.com) or registry
administrator procedures approved by an ICANN-adopted policy, (1) to
correct mistakes by 1T3.com, another registrar or the registry
administrator in administering the name or (2) for the resolution of
disputes concerning the domain name. You
also agree that 1T3.com shall have the right in its sole discretion to
suspend, cancel, transfer or otherwise modify a domain name
registration upon seven (7) calendar days prior written notice, or at
such time as 1T3.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 name
registration. 15. Right Of Refusal: We,
in our sole discretion, reserve the right to refuse to register or
reserve your chosen domain name or register you for other 1T3.com
service(s), or to delete your domain name within thirty (30) calendar
days from receipt of your payment for such services. In the event we do
not register or reserve your domain name or register you for other
1T3.com service(s), or we delete your domain name or other 1T3.com
service(s) within such thirty (30) calendar day period, we agree to
refund your applicable fee(s). You agree that we shall not be liable to
you for loss or damages that may result from our refusal to register or
reserve, or delete your domain name or register you for other 1T3.com
service(s)
17. Notices:
You
agree that any notices required to be given under this Agreement by
1T3.com to you will be deemed to have been given if delivered in
accordance with the contact information you have provided. 18. Infancy:
You attest that you are of legal age to enter into this Agreement. 19. General:
This Agreement,1T3.com's
Disclaimer and the Dispute Policy, together with all modifications,
constitute the complete and exclusive agreement between you and
1T3.com, and supersede and govern all prior proposals, agreements, or
other communications. Nothing contained in this Policy shall be
construed as creating any agency, partnership, or other form of joint
enterprise between the parties. The failure of 1T3.com 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 1T3.com 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
Policy 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 Policy unenforceable or invalid as a
whole. 1T3.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 1T3.com as reflected in the original
provision. This Agreement, 1T3.com's Disclaimer and the Dispute Policy
may not be amended or modified by you except by means of a written
document signed by both you and an authorized representative of 1T3.com. 20. Additional Registry Requirements
Listed
below are additional contractual requirements that you, the registrant,
must agree to should you desire to register a domain name in these
registries.
(.NU) In
addition to the terms set forth above, the following terms shall apply
to registrants of .tv, .cc, .bz, .nu and .ws domain names. Your
registration of a domain name in the .TV, .CC, .BZ, .NU or .WS
top-level domain ("New TLD Domain Name"), is subject to policies
established or revised from time to time by the registry for such New
TLD Domain Name ("New TLD Registry"), in its capacity as the registry
for its respective Top Level Domain. Each respective New TLD Registry's
current policies ("New TLD Registry Policies") are available for you to
review at each New TLD's respective website. You agree to be bound by
and comply with the applicable New TLD Registry Policies, including
amendments and modifications thereto, with respect to your New TLD
Domain Name registration. Such policies shall not alter the terms and
conditions of this Agreement. To the extent there is a conflict between
the New TLD Registry policies and the terms of this Agreement, the
terms of this Service Agreement shall prevail. You agree that the New
TLD Registry has the right to enforce the New TLD Registry Policies.
(.INFO) Should you seek to register a .INFO second level domain name you, the registrant, must agree to the following terms:
Registrant
consents to the use, copying, distribution, publication, modification,
and other processing of Registered Domain Name 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.
Registrant
agrees to submit to proceedings under ICANN's Uniform Domain Name
Dispute Policy (UDRP) and comply with the requirements set forth by
Afilias for domain names registered during the Sunrise Period,
including the mandatory Sunrise Dispute Resolution Policy. These
policies are subject to modification.
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.
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.
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 name during
resolution of a dispute.
(.BIZ) Should you seek to register a .BIZ second level domain name you, the registrant, must agree to the following terms:
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 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:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property of any kind; or,
b) the ordinary course of trade or business.Registering a domain name solely for the purposes of
i. selling, trading or leasing the domain name for compensation, or
ii.
the unsolicited offering to sell, trade or lease the domain name for
compensation shall not constitute a"bona fide business or commercial
use" of that domain name.
BIZ CERTIFICATION. As a .biz domain name registrant, you hereby certify to the best of your knowledge that:
The registered domain name 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
a. selling, trading or leasing the domain name for compensation, or
b.
the unsolicited offering to sell, trade or lease the domain name for
compensation. For more information on the .biz restrictions, which are
incorporated herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html
1. The domain name registrant has the authority to enter into the registration agreement; and
2.
the registered domain name is reasonably related to the registrant's
business or intended commercial purpose at the time of registration.
PROVISION OF REGISTRATION DATA.
a) 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 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 billing contact for the domain name; and (viii) any
remark concerning the registered domain name that should appear in the
Whois directory. You agree and understand that the foregoing
registration data will be publicly available and accessible on the
Whois directory as required by ICANN/Registry Policy and may be sold in
bulk in accordance with the ICANN Agreement.
b)
Inaccurate or Unreliable Data. You hereby represent and warrant that
the data provided in the domain name registration application is true,
correct, up to date and complete and that you will continue to keep all
the information provided up to date. Your willful provision of
inaccurate or unreliable information, your willful failure promptly to
update information provided to us, or any failure to respond for over
five calendar days to our inquiries addressed to the e-mail address of
the administrative, billing or technical contact then appearing in the
Whois directory with respect to an domain name concerning the accuracy
of contact details associated with any registration(s) or the
registration of any domain name(s) registered by or through you or your
account, shall constitute a breach of this Agreement. 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 any ICANN/Registry
Policy.
DOMAIN
NAME DISPUTE POLICY. If you reserved or registered a .biz domain name
through us, you agree to be bound by our current domain name 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 Name Dispute Resolution Policy, available at http://www.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 name ("Registrant") with any
third party (other than Registry Operator or Registrar) over the
registration or use of a .biz domain name 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 name 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 name registered by Registrant.
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 name
registered by Registrant.
The RDRP sets forth the terms under which
any allegation that a domain name 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 name is being used
primarily for business or commercial purposes or that a domain name is
being used in compliance with the SUDRP or UDRP processes.
DOMAIN
NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole
discretion, may modify our dispute policy. We will post any such
revised policy on our Web site at least thirty (30) calendar days
before it becomes effective. You agree that, by maintaining the
reservation or registration of your domain name after modifications to
the dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not refund any
fees paid by you if you terminate your Agreement with us.
DOMAIN NAME DISPUTES. You agree that, if
your use of our domain name registration services is challenged by a
third party, you will be subject to the provisions specified in our
dispute policy in effect at the time of the dispute. You agree that in
the event a domain name dispute arises with any third party, you will
indemnify and hold us 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 name registration services, you agree not to make any
changes to your domain name record without our prior approval. We may
not allow you to make changes to such domain name record until (i) we
are directed to do so by the judicial or administrative body, or (ii)
we receive notification by you and the other party contesting your
registration and use of our domain name registration services that the
dispute has been settled. Furthermore, you agree that if you are
subject to litigation regarding your registration and use of our domain
name registration services, we may deposit control of your domain name
record into the registry of the judicial body by supplying a party with
a registrar certificate from us.
RESERVATION
OF RIGHTS. 1T3.com and the .biz Registry Operator, NeuLevel, Inc.
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 of1T3.com and/or NeuLevel,
Inc., as well as their affiliates, subsidiaries, officers, directors
and employees. 1T3.com and NeuLevel, Inc. also reserve the right to
freeze a domain name during resolution of a dispute.
(.NAME) Should you seek to register a .NAME second level domain name you, the registrant, must agree to the following terms:
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,
the summary of which is as follows:
(i) There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee;
(ii)
Multiple persons or entities may obtain identical or overlapping
Defensive Registrations upon payment by each of a separate registration
fee;
(iii) The Defensive Registrant must provide the information requested in Section 3(a) below;
(iv)
A Defensive Registration will not be granted if it conflicts with a
then-existing Personal Name Registration or other reserved word or
string.
PROVISION OF REGISTRATION DATA
(a)
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. You must provide contact information,
including name, email address, postal address and telephone number, for
use in disputes relating to the Defensive Registration. You understand
and agree that this contact information will be provided as part of the
Whois record for the Defensive Registration. You further understand
that the foregoing registration data may be transferred outside of the
European Community, such as to the United States, and you expressly
consent to such export.
(b)
In addition to the information provided in subsection (a) above, 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
(c)
You hereby represent and warrant the data provided in the registration
application is true, correct, up-to-date and complete and that you will
continue to keep all of 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 (5) calendar days to our inquiries addressed
to the email address of the administrative, billing or technical
contact then appearing in the publicly available Whois directory with
respect to a Defensive Registration(s) concerning the accuracy of
contact details associated with any such Defensive Registration(s)
registered by or through you or your account shall constitute a breach
of this Agreement.
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 REGISTRATION 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 Defensive Registration 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.
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 our 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 1T3.com 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 Defensive Registration, you agree
not to make any changes to your Defensive Registration record without
our prior approval. We may not allow you to make changes to such
Defensive Registration 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 Defensive 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 Defensive Registration and use of our domain name
registration services, we may deposit control of your Defensive
Registration record into the registry of the judicial body by supplying
a party with a Registrar certificate from us.
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.
.name REGISTRATION 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.
.name CERTIFICATIONS
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.
PROVISION OF REGISTRATION DATA
(a)
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 the
information contained in the Whois directory, including: (i) your full
name and postal address, email address, voice telephone number, and fax
number, if available; (ii) the IP addresses and names of the primary
nameserver and any secondary nameserver(s) for the domain name; (iii)
the full name, postal address, email address, voice telephone number,
and fax number, if available, of the technical contact for the domain
name; (iv) the full name, postal address, email address, voice
telephone number, and fax number if available of the administrative
contact for the domain name; (v) the name, postal address, email
address, voice telephone number, and fax number, if available, of the
billing contact for the domain name. You agree and understand that the
foregoing registration data will be publicly available and accessible
on the Whois directory as required by Internet Corporation for Assigned
Names and Numbers ("ICANN")/Registry Policy. You further understand
that the foregoing registration data may be transferred outside of the
European Community, such as to the United States, and you expressly
consent to such export.
(b)
You hereby represent and warrant the data provided in the registration
application is true, correct, up-to-date and complete and that you will
continue to keep all of 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 to our inquiries addressed to the email address of the
administrative, billing or technical contact then appearing in the
Whois directory with respect to a domain name concerning the accuracy
of contact details associated with any registration(s) or the
registration of any domain name(s) registered by or through you or your
account shall constitute a breach of this Agreement. 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.
DOMAIN NAME DISPUTE POLICY
If
you reserved or registered a .name domain name through us, you agree to
be bound by our current domain name 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:
(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
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.
DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You
agree that we, in our sole discretion, may modify our dispute policy.
We will post any such revised policy on our Web site at least thirty
(30) calendar days before it becomes effective. You agree that, by
maintaining the reservation or registration of your domain name or SLD
email address 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.
DOMAIN NAME DISPUTES
You
agree that, if your use of our domain name registration services is
challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold 1T3.com 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 name registration
services, you agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make changes to
such domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification by you
and the other party contesting your registration and use of our domain
name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding
your registration and use of our domain name registration services, we
may deposit control of your domain name record into the Registry of the
judicial body by supplying a party with a Registrar certificate from us.
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, available at
_____________, 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)
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 Registry Operator's Email Forwarding. However, due to the
nature of such systems, which actively block messages, Registry
Operator shall make public any decision to implement such systems a
reasonable time in advance, so as to allow you or 1T3.com to give
feedback on the decision.
(d) You understand and agree that 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 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 Registry Operator or jeopardize the security of Registry
Operator or others to do so. 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,
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 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.
RESERVATION OF RIGHTS
1T3.com
and Registry Operator Operator, expressly reserve the right to deny,
cancel or transfer any Defensive 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 1T3.com and/or Registry Operator, as well as
their affiliates, subsidiaries, officers, directors and employees.
1T3.com and Registry Operator also reserve the right to freeze a
Defensive Registration during a resolution of a dispute.
LIMITATION OF LIABILITY
You agree that Registry Operator will have no liability of any kind for
any loss or liability resulting from (i) the processing of Defensive
Registration requests prior to live SRS launch, including, without
limitation, your ability or inability to obtain a Registered Name or
SLD email address registration using these processes; or (ii) any
dispute over any .name domain name, SLD email address, Defensive
Registration or NameWatch Registration, including the decision of any
dispute resolution proceeding related to any of the foregoing.
INDEMNIFICATION
You
agree to indemnify, defend and hold harmless 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
registration. This indemnification obligation will survive the
termination or expiration of this Agreement.
COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
(a)
ICANN standards, policies, procedures, and practices for which Registry
Operator has monitoring responsibility in accordance with the Registry
Agreement or under any other arrangement with ICANN; and
(b)
operational standards, policies, procedures, and practices for the
Registry TLD established from time to time by Registry Operator in a
non-arbitrary manner and applicable to all Registrars, including
affiliates of Registry Operator, and consistent with ICANN's standards,
policies, procedures, and practices and Registry Operator's Registry
Agreement with ICANN. Among Registry Operator's operational standards,
policies, procedures, and practices are those set forth in Exhibit E of
the Registry-Registrar Agreement, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational standards,
policies, procedures, and practices for the Registry TLD shall be
effective upon thirty (30) days notice by Registry Operator to
Registrar.
(.US) Should you seek to register a .US second level domain name you, the registrant, must agree to the following terms:
Representations and Warranties.
You
represent and certify that, to the best of your knowledge and belief,
(i) neither the registration of the domain name nor the manner in which
it is directly or indirectly used infringes the legal rights of any
third party, (ii) you have the requisite power and authority to enter
into this Agreement and to perform the obligations hereunder, (iii) you
have and shall continue to have a lawful bona fide U.S. Nexus as
defined in the "usTLD Nexus Requirements" , (iv) you are of legal age
to enter into this Agreement, and (vi) you agree to comply with all
applicable laws, regulations and policies of 1T3.com and the usTLD
Administrator.
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) the Registered
Name; (ii) the names of the primary nameserver and secondary
nameserver(s) for the Registered Name; (iii) your name and postal
address; (iv) the name, postal address, e-mail address, voice telephone
number, and (where available) fax number of the technical contact for
the Registered Name; (v) the name, postal address, e-mail address,
voice telephone number, and (where available) fax number of the
administrative contact for the Registered Name; (vi) the name, postal
address, e-mail address, voice telephone number, and fax number if
available of the billing contact for the Registered Name; (vii) any
remark concerning the registered domain name that should appear in the
Whois directory; and (viii) any other data NeuStar, as the Registry,
requires be submitted to it, including specifically information
regarding the primary purpose for which a domain name is registered
(e.g., business, education, etc.). You agree and understand that the
foregoing registration data will be publicly available and accessible
on the Whois directory pursuant to the DoC/Registry Policy. Any
information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by the Department of Commerce
Contract with the Registry or any USTLD Administrator/DoC Policy.
Inaccurate or Unreliable Data.
You
hereby represent and warrant that the data provided in the domain name
registration application is true, correct, up to date and complete and
that you will continue to keep all the information provided up to date.
Your willful provision of inaccurate or unreliable information, your
willful failure promptly to update information provided to us, or any
failure to respond for over five calendar days to our inquiries
addressed to the e-mail address of the administrative, billing or
technical contact then appearing in the Whois directory with respect to
a domain name concerning the accuracy of contact details associated
with any registration(s) or the registration of any domain name(s)
registered by or through you or your account, shall constitute a breach
of this Agreement.
Government Use of Data.
You
understand and agree that the U.S. Government shall have the right to
use, disclose, reproduce, prepare derivative works, distribute copies
to the public, and perform publicly and display publicly, in any manner
and for any purpose whatsoever and to have or permit other to do so,
all Data provided by Registrant. "Data" means any recorded information,
and includes without limitation, technical data and computer software,
regardless of the form or the medium on which it may be recorded.
Licensing of a Domain Name.
If
you intend to license use of a domain name to a third party, you
nonetheless are the registrant of record and are responsible for
providing full contact information and for providing and updating
accurate technical and administrative contact information adequate to
facilitate timely resolution of any problems that arise in connection
with the domain name. You shall accept liability for harm caused by
wrongful use of the domain name, unless you promptly disclose the
identity of the licensee to a party providing you reasonable evidence
of actionable harm
Domain Name Dispute Policy.
If
you reserved or registered a .us domain name through us, you agree to
be bound by our current domain name dispute policy that is incorporated
herein and made a part of this Abe bound by the terms and conditions of
the policies of the usTLD Administrator as documented on its website,
www.neustar.us, as they may be amended from time to time, and which are
hereby incorporated and made an integral part of this Agreement.
Domain Name Dispute Policy Modifications.
You
agree that we, in our sole discretion, may modify our dispute policy.
We will post any such revised policy on our Web site at least thirty
(30) calendar days before it becomes effective. You agree that, by
maintaining the reservation or registration of your domain name after
modifications to the dispute policy become effective, you have agreed
to these modifications. You acknowledge that if you do not agree to any
such modification, you may terminate this Agreement. We will not refund
any fees paid by you if you terminate your Agreement with us.
greement 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 Domain Name Disputes.
You
agree that, if your use of our domain name registration services is
challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute,
including Registry policies incorporated by reference. You agree that
in the event a domain name dispute arises with any third party, you
will indemnify and hold us harmless pursuant to the terms and
conditions set forth in this Agreement. If we are notified that a
complaint has been filed with a judicial or administrative body
regarding your use of our domain name registration services, you agree
not to make any changes to your domain name record without our prior
approval. We may not allow you to make changes to such domain name
record until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you and the
other party contesting your registration and use of our domain name
registration services that the dispute has been settled. Furthermore,
you agree that if you are subject to litigation regarding your
registration and use of our domain name registration services, we may
deposit control of your domain name record into the registry of the
judicial body by supplying a party with a registrar certificate from
us.
Jurisdiction.
For
the adjudication of disputes concerning or arising from use of the
domain name, you shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts.
Suspension, Cancellation or Transfer.
You
agree that your registration of the domain name shall be wsubject to
suspension, cancellation, or transfer pursuant to any usTLD
Administrator adopted specification or policy, or pursuant to any
registrar or usTLD Administrator procedure not inconsistent ith a usTLD
Administrator adopted specification or policy, (1) to correct mistakes
by Registrar or the usTLD Administrator in registering the name or (2)
for the resolution of disputes concerning the domain name.
Indemnification.
The
Registrant shall indemnify and hold harmless the 1T3.com and the usTLD
Administrator and their directors, officers, employees,
representatives, agents, affiliates, and stockholders from and against
any and all claims, suits, actions, other proceedings, damages,
liabilities, costs and expenses of any kind, including without
limitation reasonable legal fees and expenses, arising out of or
relating to the Registrant's (i) domain name registration and (ii) use
of any of a domain name.
Reservation by usTLD Administrator.
1T3.com
and usTLD Administrator reserve the right to deny, cancel or transfer
any registration that they deem necessary, in their discretion, (1) to
protect the integrity and stability of the registry, (2) to comply with
any applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process, (3) to
avoid any liability, civil or criminal, on the part of usTLD
Administrator or 1T3.com as well as their affiliates, subsidiaries,
officers, directors, representatives, employees, and stockholders, (4)
for violations of this Agreement, or (5) to correct mistakes made by
usTLD Administrator or any registrar in connection with a domain name
registration. usTLD Administrator and 1T3.com also reserve the right to
freeze a domain name during resolution of a dispute.
22. Transfers For
each instance where a Registered Name holder wants to change its
Registrar for an existing domain name (i.e., a domain name that appears
in a particular top-level domain zone file),1T3.com requires:
Express
authorization to initiate the transfer process from an individual who
has the apparent authority to legally bind the Registered Name holder
(as reflected in the database of losing Registrar).
In
instances when the Registrar of record is being changed simultaneously
with a transfer of a domain name from one party to another, 1T3.com also
requires submission of appropriate authorization for the transfer. Such
authorization shall include, but not be limited to, one of the
following:
A bilateral agreement between the parties.
The final determination of a binding dispute resolution body.
A court order.
Instances when the requested change of sponsoring Registrar may be denied include, but are not limited to:
Situations described in the Domain Name Dispute Resolution Policy.
A pending bankruptcy of the Registered Name holder.
Dispute over the identity of the Registered Name holder.
Request to transfer sponsorship occurs within the first 60 days after the initial registration with the Registrar. 23. 24/7 Support We
offer 24/7 support to our clients for account related issues/problems
for the service they purchased. We do not offer server support or
scripting support for any clients issues/problems unless it is the
fault of the service you purchased. Any foul language will result in a
immediate account termination.
24. Hosting You
will use the Web space allocated to you only for lawful purposes. You
will neither use the Server in any manner which infringes any law or
regulation or which infringes the rights of any third party, nor will
you authorize or permit any other person to do so.
You shall not post, link to or transmit:
(a)
Any material, which is unlawful, threatening, abusive, malicious,
defamatory, obscene, pornographic, blasphemous, profane or otherwise
objectionable in any way.
(b) Any material containing a virus or other hostile computer program.
(c)
Any material which constitutes, or encourages the commission of, a
criminal offence or which infringes any patent, trade mark, design
right, copyright or any other intellectual property right or similar
rights of any person which may subsist under the laws of any
jurisdiction.
You shall keep secure any identification,
password and other confidential information relating to your account
and shall notify us immediately of any known or suspected unauthorized
use of your account or breach of security, including loss, theft or
unauthorized disclosure of your password or other security information.
You shall observe the procedures, which we may from time to time prescribe
You
shall make no use of the Server in a manner detrimental to our other
customers including the usage of excessive resources, CPU usage, or
excessive connections. Our servers are not dedicated servers but are
shared servers meaning that if you have excessive resources, excessive
CPU usage, or excessive connections to the server it will slow down and
could crash and you will he held responsible.
Mails sent by you are in accordance with applicable legislation, including data protection legislation and any
international legislations.
Terms of User Agreement
You agree to the following terms of agreement:
Acceptable Use
1T3.com
services may only be used for lawful purposes. Transmission of any
material in violation of International, Federal or State regulation is
prohibited. This includes but is not limited to: material legally
judged to be threatening or obscene, or material protected by trade
secret laws.
If you are found in violation of the 1T3.com Terms of Use. Your account will be terminated without notice and you will
forfeit all of the moneys that have been paid to 1T3.com.
Examples
of content that is not acceptable on 1T3.com vendor Servers: "Pirated
software" or "Warez", "Hacker programs and/or archives", "IRC Bots",
"Video", "Casino and Gambling Related", "Media Files", "Mp3's", "CGI
boards"
Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking, password cracking. IP spoofing, etc., and
encrypting of any of the above. Also includes any sites which provide
"links to" or "how to" information about such material. Unauthorized Bandwidth
If
any terms of service violation is found, bandwidth used while breaking
the Terms And Conditions agreement shall be billed at $30 per GB. 1 GB
minimum. This includes but is not limited to illegal transfers of
MP3's, illegal data, adult material without prior permission, and
software that you may or may not have the rights to.
Adult Sites
WE DO NOT HOST ADULT SITES.
Adult Content or links to Adult Content are not permitted on the Servers.
Spam
Spam
in any shape or form is NOT permitted and is grounds for immediate
account termination. Spam is billed at $30 per e-mail sent.
IRC and Chat Rooms
Internet
Relay Chat (IRC) traffic is not permitted on our servers in any of its
many forms including, but not limited to: bots and IRC servers. Chat
rooms may be allowed on per use basis, so please ask one of our support
staff before setting one up. (Some cgi/perl based chat rooms over
utilize the server processor.)
You specifically agree to
indemnify and hold 1T3.com harmless from any claims resulting from a
breach of these terms, and/or use of the service, which damages
another.
Web Site Hosting And Email
We make no
representation and give no warranty as to the accuracy or quality of
information received by any person via the Server and we shall have no
liability for any loss or damage to any data stored on the Server. All
e-mail will be delete from our mail servers after 30 days from when the
e-mail was received.
You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
Any access to other networks connected to 1T3.com must comply with the rules appropriate for those other networks.
While
we will use every reasonable endeavor to ensure the integrity and
security of the Server, we do not guarantee that the Server will be
free from unauthorized users or hackers and we shall be under no
liability for non-receipt or misrouting of email or for any other
failure of email. Intellectual Property Rights
You
shall obtain any and all necessary consents and clearances to enable
you lawfully to make use of all and any intellectual property rights
through the Services, including without limitation, clearance and/or
consents in respect of your proposed domain name.
Service Availability
We
shall use our reasonable endeavors to make available to you at all
times the Server and the Services but we shall not, in any event, be
liable for interruptions of Service or down-time of the Server.
We
shall have the right to suspend the Services at any time and for any
reason, generally without notice, but if such suspension lasts or is to
last for more than 30 days you will be notified of the reason.
The
Services provided to you hereunder and your account with us cannot be
transferred or used by anyone other than you. No more than one login
session under any one account may be used at any time by you. If you
have multiple accounts, you are limited to one login session per system
account at any time; user programs may be run only during login
sessions. If your account is found to have been transferred to another
party, or shows other activity in breach of this sub clause, we shall
have the right to cancel the account and terminate the Services and/or
this Agreement immediately. 50 Free Templates
You are allowed to use the templates for your websites and designs but you are not allowed to resell any templates.
Termination
Without in any way limiting our (1T3.com) rights:
If
you fail to pay any sums due to us as they fall due, we may suspend the
Services and/or terminate this Agreement forthwith without notice to
you.
If you break any of these terms and conditions, we may terminate this Agreement.
If
you are a company and you go into insolvent liquidation or suffer the
appointment of an administrator or administrative receiver or enter
into a voluntary arrangement with your creditors, we shall be entitled
to terminate this Agreement forthwith without notice to you.
On
termination of this Agreement or suspension of the Services we will be
entitled immediately to block your Web Site and to remove all data
located on it. We will be entitled to delete all such data but we may,
at our discretion, hold such data for such period as we may decide to
allow you to collect it at your expense, subject to payment in full of
any amounts withstanding and payable to us. We shall further be
entitled to post such notice in respect of the non-availability of your
Web Site as we think fit.
We reserve the rights to terminate or refuse service to
anyone.
Indemnification
A
user's failure to comply with those laws will violate 1T3.com terms of
agreement. By using our services, you indemnify 1T3.com for any
violation committed by you of the service agreement, law, or other
1T3.com policy, that results in loss to 1T3.com or the bringing of any
claim against 1T3.com by any third-party. This means that if 1T3.com is
sued because of a user's or customer of a user's activity, the user
will pay any damages awarded against 1T3.com , plus costs and
reasonable attorneys' fees.
Limitation Of Liability
All
conditions, terms, representations and warranties relating to the
Services supplied under this Agreement, whether imposed by statute or
operation of law or otherwise, that are not expressly stated in these
terms and conditions including, without limitation, the implied
warranty of satisfactory quality and fitness for a particular purpose
are hereby excluded, .
Nothing in these terms and conditions shall exclude our liability death or personal injury resulting from our negligence.
Our
total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the
provision of the Services shall be limited to the charges paid by you
in respect of the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
In
no event shall we be liable to you for any loss of business, contracts,
profits or anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
Notices
Any notice
to be given by either party to the other may be sent by either email,
fax or recorded delivery to the address of the other party as appearing
in the ancillary digital application forms or such other address as
such party may from time to time have communicated to the other in
writing, and if sent by email shall unless the contrary is proved be
deemed to be received on the day it was sent or if sent by fax shall be
deemed to be served on receipt of an error free transmission report, or
if sent by recorded delivery shall be deemed to be served two days
following the date of posting.
Payment
All
charges payable by you for the services shall be in accordance with the
scale of charges and rates published from time to time by us on our web
site and shall be due and payable in advance of our service provision.
Without
prejudice to our other rights and remedies under this Agreement, if any
sum payable is not paid on or before the due date, we shall be entitled
forthwith to suspend the provision of Services to you.
Headings
Headings
are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement. Entire Agreement
These
terms together with any documents expressly referred to in them,
contain the entire Agreement between us relating to the subject matter
covered and supersede any previous Agreements, arrangements,
undertakings or proposals, written or oral: between us in relation to
such matters. No oral explanation or oral information given by any
party shall alter the interpretation of these terms and conditions. In
agreeing to these terms and conditions, you have not relied on any
representation other than those expressly stated in these terms and
conditions and you agree that you shall have no remedy in respect of
any misrepresentation, which has not been made expressly in this
Agreement. Free Hosting
If you transfer your domain to another registrar you will no longer receive a free hosting account.
Purpose.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has
been adopted by the Internet Corporation for Assigned Names and Numbers
("ICANN"), is incorporated by reference into your Registration
Agreement, and sets forth the terms and conditions in connection with a
dispute between you and any party other than us (the registrar) over
the registration and use of an Internet domain name registered by you.
Proceedings under Paragraph 4 of this Policy will be conducted
according to the Rules for Uniform Domain Name Dispute Resolution
Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules. 2. 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; and (d) you will not knowingly use the domain name in
violation of any applicable laws or regulations. It is your
responsibility to determine whether your domain name registration
infringes or violates someone else's rights. 3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances: a.
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; b.
our receipt of an order from a court or arbitral tribunal, in each case
of competent jurisdiction, requiring such action; and/or c.
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 this Policy or a later version of this Policy
adopted by ICANN. (See Paragraph 4(i) and (k) below.) We
may also cancel, transfer or otherwise make changes to a domain name
registration in accordance with the terms of your Registration
Agreement or other legal requirements. 4. 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 http://www.icann.org/udrp/approved-providers.htm(each, a "Provider"). a. Applicable Disputes.
You are required to submit to a mandatory administrative proceeding in
the event that a third party (a "complainant") asserts to the
applicable Provider, in compliance with the Rules of Procedure, that (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the domain name; and (iii) your domain name has been
registered and is being used in bad faith. In the administrative proceeding, the complainant must prove that each of these three elements are present. b. Evidence of Registration and Use in Bad Faith.
For the purposes of Paragraph 4(a)(iii), the following circumstances,
in particular but without limitation, if found by the Panel to be
present, shall be evidence of the registration and use of a domain name
in bad faith: (i)
circumstances indicating that you have registered or you have acquired
the domain name primarily for the purpose of selling, renting, or
otherwise transferring the domain name registration to the complainant
who is the owner of the trademark or service mark or to a competitor of
that complainant, for valuable consideration in excess of your
documented out-of-pocket costs directly related to the domain name; or (ii)
you have registered the domain name in order to prevent the owner of
the trademark or service mark from reflecting the mark in a
corresponding domain name, provided that you have engaged in a pattern
of such conduct; or (iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
(iv) by using the domain name, you have
intentionally attempted to attract, for commercial gain, Internet users
to your web site or other on-line location, by creating a likelihood of
confusion with the complainant's mark as to the source, sponsorship,
affiliation, or endorsement of your web site or location or of a
product or service on your web site or location. c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint.
When you receive a complaint, you should refer to Paragraph 5 of the
Rules of Procedure in determining how your response should be prepared.
Any of the following circumstances, in particular but without
limitation, if found by the Panel to be proved based on its evaluation
of all evidence presented, shall demonstrate your rights or legitimate
interests to the domain name for purposes of Paragraph 4(a)(ii): (i)
before any notice to you of the dispute, your use of, or demonstrable
preparations to use, the domain name or a name corresponding to the
domain name in connection with a bona fide offering of goods or
services; or (ii)
you (as an individual, business, or other organization) have been
commonly known by the domain name, even if you have acquired no
trademark or service mark rights; or
(iii) you are making a legitimate
noncommercial or fair use of the domain name, without intent for
commercial gain to misleadingly divert consumers or to tarnish the
trademark or service mark at issue. d. 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). e. Initiation of Proceeding and Process and Appointment of Administrative Panel.
The Rules of Procedure state the process for initiating and conducting
a proceeding and for appointing the panel that will decide the dispute
(the "Administrative Panel"). f. 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 this Policy or a later version of this
Policy adopted by ICANN.
g. Fees.
All fees charged by a Provider in connection with any dispute before an
Administrative Panel pursuant to this Policy 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
Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees
will be split evenly by you and the complainant. h. 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. i. 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. j. 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 this Policy will be published in full over the
Internet, except when an Administrative Panel determines in an
exceptional case to redact portions of its decision. |
