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QuestMatrix Website Solutions
Domain Name Registration Agreement
This QuestMatrix Website Solutions Domain Name Registration Agreement ("Agreement")
is by and between QuestMatrix Website Solutions ("QuestMatrix Website Solutions")
a/an individual and You, Your heirs, agents, successors and assigns ("You"),
and is made effective as of the date of electronic execution. This Agreement
sets forth the terms and conditions of Your use of QuestMatrix Website Solutions's
Domain Name Registration and represents the entire agreement between You and
QuestMatrix Website Solutions. By participating in this transaction, You acknowledge
that You have read, understand and agree to be bound by all the terms and conditions
of this Agreement, including our dispute policy and the ICANN Transfer Dispute
Resolution Policy along with any new, different or additional terms, conditions
or policies, including the Universal Terms of Service which QuestMatrix Website
Solutions may establish from time to time. Such Agreements may be found here.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with QuestMatrix Website Solutions, whether or not the transactions were in Your behalf. You acknowledge that QuestMatrix Website Solutions's acceptance of any application made by You for services provided by QuestMatrix Website Solutions will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.
You acknowledge that QuestMatrix
Website Solutions or its licensor is a registrar bound by an agreement between
QuestMatrix Website Solutions or its licensor and ICANN. You agree that QuestMatrix
Website Solutions or its licensor may modify this agreement in order to comply
with applicable law and the terms and conditions set forth by the ICANN and/or
the Registry Administrator chosen by ICANN, as well as any registration rules
or policies that may be published from time to time by QuestMatrix Website Solutions
or its licensor .
1. fees
In consideration for the services and products ("service") purchased
by You and provided to You by QuestMatrix Website Solutions, You agree to pay
QuestMatrix Website Solutions at the time service is provided. Payment is to
be made by You by providing either a valid credit card, an online check, or
using "Good As Gold" to establish a cash reserve for charge by QuestMatrix
Website Solutions (collectively, the "Payment Method"). Personal checks
and money orders may only be used only to fund "Good As Gold" (GAG)
accounts, must be for payments of $100 or more, and issued in U.S. dollars for
the full amount required at that time. Personal checks under $1,000 are subject
to the same processing fees as wire transfers. All personal checks will be delayed
fourteen (14) days until the money is credited, which may delay Your usage of
the product or service, and any check that bounces will result in a $25 bounced
check fee. If You purchase an automatically renewing service or product by personal
check, it is Your responsibility to make payment arrangements for each renewal
payment. You understand that ICANN requires QuestMatrix Website Solutions to
collect a small registration fee when you purchase your domain name registration.
You agree to pay such fees. Payments are non-refundable. If for any reason QuestMatrix
Website Solutions is unable to charge Your Payment Method for the full amount
owed QuestMatrix Website Solutions for the service provided, or if QuestMatrix
Website Solutions is charged a penalty for any fee it previously charged to
your Payment Method, You agree that QuestMatrix Website Solutions may pursue
all available remedies in order to obtain payment. You agree that among the
remedies QuestMatrix Website Solutions may pursue in order to effect payment,
shall include but will not be limited to, immediate cancellation without notice
to You of any domain names registered or renewed on Your behalf. QuestMatrix
Website Solutions reserves the right to charge a reasonable service fee for
administrative tasks outside the scope of its regular services. These include,
but are not limited to, customer service issues that cannot be handled over
email but require personal service, and disputes that require legal services.
These charges will be billed to the Payment Method we have on file for You.
You may change your Payment Method at any time by logging into Your Account
Manager.
Domain Name Renewals
When You register a domain name, You have the option to elect that the domain name be automatically renewed upon reaching the expiration date. Automatic renewal is the default setting, which You must deactivate if You do not want Your domain name(s) to be automatically renewed. Unless You disable the automatic renewal option, QuestMatrix Website Solutions will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with QuestMatrix Website Solutions, at QuestMatrix Website Solutions's then current rates. Thus, if you have chosen to register your domain name for one year, QuestMatrix Website Solutions will automatically renew it for one year. If you have chosen to register your domain name for two years, QuestMatrix Website Solutions will automatically renew it for two years, and so on. Domain name renewals will be non refundable. If for any reason QuestMatrix Website Solutions is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card. If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into Your account manager for that domain name and manually implementing the renewal by the expiration date (should You in fact want the domain name to be renewed). In this case, if You fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that QuestMatrix Website Solutions will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges may apply. If You signed up for domain masking, domain forwarding, or any other similar service, with Your domain registration, these services may be automatically renewed when Your domain registration is up for renewal, and You may incur an additional renewal fee unless You cancel in advance.
If you fail to renew your domain name, you agree that QuestMatrix Website Solutions may, at its sole discretion, renew your expired domain name on your behalf. If QuestMatrix Website Solutions decides to renew your expired domain name on your behalf you will have a Renewal Grace Period during which you may reimburse QuestMatrix Website Solutions for the renewal and keep your domain name. The Renewal Grace Period is currently 12 days but subject to change under the terms of Section 2 of this Agreement. If you do not reimburse QuestMatrix Website Solutions for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you will have a 30 day redemption period during which you may pay QuestMatrix Website Solutions a Redemption fee and redeem your domain name. The Redemption fee is currently $80 USD and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption period QuestMatrix Website Solutions may, at its sole discretion, delete your domain name or transfer it to another registrant on your behalf.
If your domain is deleted,
the Registry also provides a 30 day Redemption Grace Period during which you
may pay QuestMatrix Website Solutions a redemption fee and redeem your domain
name. The redemption fee is currently $80 USD and is subject to change under
the terms of Section 2 of this agreement. If you do not redeem your domain name
prior to the end of the Registry’s Redemption Grace Period the Registry
will release your name and it will become available for registration on a first-come-first-served
basis.
2. term of agreement; modifications
The term of this agreement shall continue in full force and effect as long as
You have any domain name registered through QuestMatrix Website Solutions. You
agree that You will not transfer any domain name registered through QuestMatrix
Website Solutions to another domain name registrar during the first sixty (60)
days from its initial registration date. You further agree that QuestMatrix
Website Solutions may charge You a small fee if You cancel Your domain within
the five (5) day grace period after registering Your domain with QuestMatrix
Website Solutions and QuestMatrix Website Solutions refunds the price of Your
domain. QuestMatrix Website Solutions will not charge You a fee if QuestMatrix
Website Solutions cancels Your domain name during this period because of fraud.
You agree that QuestMatrix Website Solutions may modify this agreement from time to time. QuestMatrix Website Solutions may also discontinue services it provides under this agreement. You agree to be bound by any changes QuestMatrix Website Solutions may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with QuestMatrix Website Solutions You will not receive a refund for any fees You may have paid to QuestMatrix Website Solutions.
You agree that QuestMatrix
Website Solutions shall not be bound by any representations made by third parties
who You may use to purchase services from QuestMatrix Website Solutions, and
that any statements of a general nature, which may be posted on QuestMatrix
Website Solutions's web site or be contained in QuestMatrix Website Solutions's
promotional materials, will not bind QuestMatrix Website Solutions.
3. up to date information;
use of information and expiration
You agree to notify QuestMatrix Website Solutions within five (5) business days
when any of the information You provided as part of the application and/or registration
process changes. It is Your responsibility to keep this information in a current
and accurate status. Failure by You, for whatever reason, to provide QuestMatrix
Website Solutions with accurate and reliable information on an initial and continual
basis, shall be considered to be a material breach of this agreement. Failure
by You, for whatever reason, to respond within five (5) business days to any
inquiries made by QuestMatrix Website Solutions to determine the validity of
information provided by You, shall also be considered to be a material breach
of this agreement. You agree to retain a copy for Your record of the receipt
for purchase of Your domain name.
You agree that for each domain name registered by You, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, a technical contact, an administrative contact and a billing contact
You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both QuestMatrix Website Solutions and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, You represent and warrant that, if You are providing information about a third party, You have notified the third party of the disclosure and the purpose for the disclosure and You have obtained the third party's consent to such disclosure.
You agree that for each domain name registered by You the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:
The domain name
Your name and postal address
The email address, postal address, voice and fax numbers for technical and administrative
contacts
The Internet protocol numbers for the primary and secondary name servers
The corresponding names of the name servers
The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, QuestMatrix Website Solutions
may make use of the publicly available information You provided during the registration
process. If You engage in the reselling of domain names You agree to provide
any individuals whose personal information You've obtained, information about
the possible uses of their personal information pursuant to ICANN policy. You
also agree to obtain consent, and evidence of consent, from those individuals
for such use of the personal information they provide.
4. dispute resolution policy
You agree to be bound by our current Dispute Resolution Policy. This policy
is incorporated herein and made a part of this agreement. You can view the Uniform
Domain Name Dispute Resolution Policy online. You agree that QuestMatrix Website
Solutions may from time to time modify its Dispute Resolution Policy. QuestMatrix
Website Solutions will post any changes to its Dispute Resolution Policy at
least 30 days before they become effective. You agree that by maintaining Your
domain name registrations with QuestMatrix Website Solutions after the updated
policy becomes effective that You agree to the Dispute Resolution policy as
amended. You agree to review QuestMatrix Website Solutions's web site periodically
to determine if changes have been made to the Dispute Resolution Policy. If
You cancel Your agreement with QuestMatrix Website Solutions as a result of
the modified Dispute Resolution policy no fees will be refunded to You.
You agree that if a dispute
arises as a result of one or more domain names You have registered using QuestMatrix
Website Solutions, You will indemnify, defend and hold QuestMatrix Website Solutions
harmless as provided for in this agreement. You also agree that if QuestMatrix
Website Solutions is notified that a complaint has been filed with a governmental,
administrative or judicial body, regarding a domain name registered by You using
QuestMatrix Website Solutions, that QuestMatrix Website Solutions, in its sole
discretion, may take whatever action QuestMatrix Website Solutions deems necessary
regarding further modification, assignment of and/or control of the domain name
deemed necessary to comply with the actions or requirements of the governmental,
administrative or judicial body until such time as the dispute is settled. In
this event You agree to hold QuestMatrix Website Solutions harmless for any
action taken by QuestMatrix Website Solutions.
5. transfer of domain names;
resale practices
If You transfer any domain name You agree to provide the information required
by, and to abide by, the procedures and conditions set forth in our Domain Transfer
Agreement . You may view the latest version of our Domain Transfer Agreement
online. In order to further protect Your domain, any domain registered with
QuestMatrix Website Solutions or transferred to QuestMatrix Website Solutions
shall be placed on lock status. The domain must be placed on unlock status in
order to modify any of the Whois information including the name servers, or
initiate a transfer of the domain name away from QuestMatrix Website Solutions
to a new Registrar. You may log into Your account with QuestMatrix Website Solutions
at any time after Your domain name has been successfully transferred to QuestMatrix
Website Solutions, and change the status to unlock.
In the event You are purchasing a domain name on behalf of a third party, You agree to inform any customer of Yours, who may be acquiring a domain name through You using QuestMatrix Website Solutions's registration services, that they are in fact registering their domain name through QuestMatrix Website Solutions and that QuestMatrix Website Solutions is an accredited registrar with ICANN. You agree not to represent that You are an ICANN accredited registrar or that You are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of Your promotional materials including Your web site.
You agree to obtain each of Your customers' acceptances of QuestMatrix Website Solutions's then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should You require that Your customers accept additional terms and conditions that are not required by QuestMatrix Website Solutions, You agree that such additional terms and conditions shall not conflict with QuestMatrix Website Solutions's Domain Registration Agreement and the policies and business procedures adopted by ICANN.
You agree that QuestMatrix Website Solutions is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to QuestMatrix Website Solutions's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.
You agree to provide Your
customers with adequate customer support, and to maintain contact with them
with regard to providing a medium for them to communicate changes in the information
they provided as part of the domain name registration process. Upon receiving
corrected or updated information You will, within 5 business days, provide such
information to QuestMatrix Website Solutions so QuestMatrix Website Solutions
may update its registration records. You will retain copies of all communications
between You and Your customers and will upon request provide QuestMatrix Website
Solutions copies of same.
6. suspension of services;
breach of agreement
You agree that, in addition to other events set forth in this agreement, (i)
Your ability to use any of the services provided by QuestMatrix Website Solutions
is subject to cancellation or suspension in the event there is an unresolved
breach of this agreement and/or suspension or cancellation is required by any
policy now in effect or adopted later by ICANN, and (ii) Your registration of
any domain names shall be subject to suspension, cancellation or transfer pursuant
to any ICANN adopted specification or policy, or pursuant to any QuestMatrix
Website Solutions procedure not inconsistent with an ICANN adopted specification
or policy, (1) to correct mistakes by QuestMatrix Website Solutions or the registry
operator in registering any domain name or (2) for the resolution of disputes
concerning any domain name.
You agree that Your failure to comply completely with the terms and conditions of this agreement and any QuestMatrix Website Solutions rule or policy may be considered by QuestMatrix Website Solutions to be a material breach of this agreement and that QuestMatrix Website Solutions may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide QuestMatrix Website Solutions with material evidence that You have not breached Your obligations to QuestMatrix Website Solutions within ten (10) business days, QuestMatrix Website Solutions may terminate its relationship with You and take any remedial action available to QuestMatrix Website Solutions under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the registration of any of Your domain names and discontinuing any services provided by QuestMatrix Website Solutions to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach.
QuestMatrix Website Solutions's
failure to act upon or notify You of any event, which may constitute a breach,
shall not relieve You from or excuse You of the fact that You have committed
a breach.
7. restriction of services;
right of refusal
You agree not to use the services provided by QuestMatrix Website Solutions,
or to allow or enable others, to use the services provided by QuestMatrix Website
Solutions for the purposes of:
The transmission of unsolicited email (Spam).
Repetitive, high volume inquires into any of the services provided by QuestMatrix
Website Solutions (i.e. domain name availability, etc.).
If You are hosting Your domain's domain name servers ("DNS") on QuestMatrix
Website Solutions's servers, or are using our systems to forward a domain, URL,
or otherwise to a system or site hosted elsewhere, or if You have your domain
name registered with QuestMatrix Website Solutions, You are responsible for
ensuring that there is no excessive overloading on QuestMatrix Website Solutions's
DNS systems. You may not use QuestMatrix Website Solutions's servers and Your
domain as a source, intermediary, reply to address, or destination address for
mail bombs, Internet packet flooding, packet corruption, or other abusive attack.
Server hacking or other perpetration of security breaches is prohibited. You
agree that QuestMatrix Website Solutions reserves the right to deactivate Your
domain name from its DNS system if QuestMatrix Website Solutions deems it is
the recipient of activities caused by your site that threaten the stability
of its network.
You agree that QuestMatrix Website Solutions, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. QuestMatrix Website Solutions also may in its sole discretion and without liability to You delete the registration of any domain name during the first thirty (30) days after registration has taken place. QuestMatrix Website Solutions may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by QuestMatrix Website Solutions in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm or use unethically minors in any way. In the event QuestMatrix Website Solutions refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to QuestMatrix Website Solutions in connection with the registration either being canceled or refused. In the event QuestMatrix Website Solutions deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.
8. limitation of liability
You agree that QuestMatrix Website Solutions's entire liability to you under
this agreement, and your only remedy, in connection with any service provided
by QuestMatrix Website Solutions, to you under this agreement, and for any breach
of this agreement by QuestMatrix Website Solutions, shall be limited to the
fees you paid to QuestMatrix Website Solutions for the particular service in
contention. QuestMatrix Website Solutions and its agents and contractors shall
not be liable for any direct, indirect incidental, special, or consequential
damages resulting from the use of or inability to use any of QuestMatrix Website
Solutions's services or for the cost of obtaining substitute services. Because
certain states do not permit the limitation of elimination of liability for
certain types of damage, QuestMatrix Website Solutions's liability shall be
limited to the smallest amount permitted by law. QuestMatrix Website Solutions
disclaims any loss or liability resulting from:
access delays or interruptions
to our web site or domain name registration system
data non-delivery or mis-delivery between You and QuestMatrix Website Solutions
events beyond our control (i.e. acts of God)
the loss of registration or processing of a domain name or the use of a domain
name
the failure for whatever reason to renew a domain name registration
the unauthorized use of Your account with QuestMatrix Website Solutions or any
of services provided to You by QuestMatrix Website Solutions
errors, omissions or misstatements
deletion of, failure to store, or failure to process or act upon email messages
processing of updated information to Your registration record
development or interruption of Your web site
errors taking place with regard to the processing of Your application
application of QuestMatrix Website Solutions's Dispute Resolution Policy
any act or omission caused by You or Your agent (whether authorized by You or
not)
9. indemnity
You agree to release, defend, indemnify and hold harmless QuestMatrix Website
Solutions and its contractors, agents, employees, offices, directors, shareholders
and affiliates from and against any losses, damages or costs, including reasonable
attorney's fees, resulting from any claim, action, proceeding suit or demand
arising out of or related to Your (including Your agents, affiliates or anyone
using Your account with QuestMatrix Website Solutions whether or not on Your
behalf, and whether or not with Your permission) use of the services provided
by QuestMatrix Website Solutions. Should QuestMatrix Website Solutions be notified
of a pending law suit, or receive notice of the filing of a law suit, QuestMatrix
Website Solutions may seek a written confirmation from You concerning Your obligation
to indemnify QuestMatrix Website Solutions. Your failure to provide such a confirmation
may be considered a breach of this agreement.
10. representation and warranties
You warrant that all information provided by You as part of the registration
process is complete and accurate. You also warrant that each registration You
make is being done so in good faith and that You have no knowledge of it infringing
upon or conflicting with the legal rights of a third party or a third party's
registration, trademark or trade name. You also warrant that the domain name
being registered will not be used in connection with any illegal activity.
You agree that QuestMatrix Website Solutions makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of any domain name You register with QuestMatrix Website Solutions.
QuestMatrix Website Solutions
expressly reserves 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 QuestMatrix Website
Solutions, as well as its affiliates, subsidiaries, officers, directors and
employees. QuestMatrix Website Solutions also reserves the right to freeze a
domain name during resolution of a dispute.
11. disclaimer of warranties
QuestMatrix Website Solutions expressly disclaims all warranties of any kind,
whether express or implied, including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose and non-infringement. QuestMatrix
Website Solutions makes no warranty that its service(s) will meet your requirements,
or that the service(s) will be uninterrupted, timely, secure, or error free,
or that defects will be corrected. QuestMatrix Website Solutions does not warrant,
nor make any representations regarding the use, or results of, any of the services
it provides, in terms of their correctness, accuracy, reliability, or otherwise.
12. severability; entirety
You agree that the terms of this Agreement are severable. If any part of this
Agreement is determined to be unenforceable or invalid, that part of the agreement
will be interpreted in accordance with applicable law as closely as possible,
in line with the original intention of both parties to the Agreement. The remaining
terms and conditions of the Agreement will remain in full force and effect.
You agree that this agreement
including the policies it refers to (i.e. our Dispute Resolution Policy, etc.)
constitute the complete and only agreement between You and QuestMatrix Website
Solutions regarding the services contemplated herein.
13. venue; waiver of trial
by jury
This agreement shall be deemed entered into in the state of Arizona. Except
for all disputes concerning the use of a domain name registered with QuestMatrix
Website Solutions, the laws and judicial decisions of Maricopa county, Arizona,
shall be used to determine the validity, construction, interpretation and legal
effect of this agreement. For the adjudication of disputes concerning or arising
from the use of a domain name registered with QuestMatrix Website Solutions,
You shall submit, without prejudice to other potential applicable jurisdictions,
to the jurisdiction of the courts (1) of Your domicile and (2) where QuestMatrix
Website Solutions is located. You agree that any action relating to or arising
out of this agreement, shall be brought in the courts of Maricopa county, Arizona.
You agree to waive the right
to trial by jury in any proceeding that takes pace relating to or arising out
of this agreement.
14. notices
You agree that all notices (except for notices concerning breach of this agreement)
from QuestMatrix Website Solutions to You may be posted on our web site and
will be deemed delivered within thirty (30) days after posting. Notices concerning
breach will be sent either to the email address You have on file with QuestMatrix
Website Solutions or mailed first class postage to the postal address You have
on file with QuestMatrix Website Solutions. In both cases, delivery shall be
deemed to have been made five (5) days after the date sent. Notices from You
to QuestMatrix Website Solutions shall be made either by email, sent to the
address we provide on our web site, or first class mail to our address at:
Domain Services C/O QuestMatrix Website Solutions, 14455 North Hayden Rd., Suite
219, Scottsdale, AZ 85260 Delivery shall be deemed to have been made by You
to QuestMatrix Website Solutions five (5) days after the date sent.
15. provisions specific
to all registrations
You agree to be bound by the rules, policies, and agreements of each Registry
from which You purchase a domain registration, which may include, but are not
limited to, Top Level Domain Registries and Second Level Domain Registries.
16. provisions specific
to .ORG registrants
Indemnification
You agree to indemnify,
defend and hold harmless the .ORG Registry Operator, Public Interest Registry,
and its subcontractors, shareholders, directors, officers, employees, agents,
and affiliates from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses arising out of or
relating to the Registered Name holder's domain name registration. This indemnification
requirement shall survive the termination or expiration of the registration
agreement.
17. provisions specific
to .INFO registrants
Indemnification
You agree to indemnify,
defend and hold harmless the .INFO Registry Operator, Afilias Limited, and its
subcontractors, shareholders, directors, officers, employees, agents, and affiliates
from and against any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses arising out of or relating to the
Registered Name holder's domain name registration. This indemnification requirement
shall survive the termination or expiration of the registration agreement.
18. additional requirements
for .INFO registrants
If You are registering a .INFO domain name You also agree to:
consent to the use, copying,
distribution, publication, modification and other processing of Registered Name
Holder's Personal Data by the .info Registry Operator and its designees and
agents;
submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution
Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
immediately correct and update the registration information for the Registered
Name during the registration term for the Registered Name; and
acknowledge that the Registry Operator will have no liability of any kind for
any loss or liability resulting from the proceedings and processes relating
to the Sunrise Period or the Land Rush Period, including, without limitation:
(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.
19. additional requirements
for .BIZ registrants
If You are registering a .BIZ domain name You also agree to:
.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:
To exchange goods, services,
or property of any kind;
In the ordinary course of trade or business; or
To facilitate (i) the exchange of goods, services, information, or property
of any kind; or, (ii) the ordinary course of trade or business. Registering
a domain name solely for the purposes of (1) selling, trading or leasing the
domain name for compensation, or (2) 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 (1) selling, trading or leasing the domain name for compensation,
or (2) the unsolicited offering to sell, trade or lease the domain name for
compensation. More information on the .BIZ restrictions, which are incorporated
herein by reference, are available online.
The domain name registrant has the authority to enter into the registration
agreement; and
The registered domain name is reasonably related to the registrant's business
or intended commercial purpose at the time of registration.
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:
The Uniform Domain Name
Dispute Policy;
The Start-up Trademark Opposition Policy ("STOP"); and
The Restrictions Dispute Resolution Criteria and Rules.
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 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
QuestMatrix Website Solutions 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 of QuestMatrix Website Solutions and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. QuestMatrix Website Solutions and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
Indemnification
You agree to indemnify,
defend and hold harmless the .BIZ Registry Operator, NeuLevel, Inc., and its
directors, officers, employees, agents, and affiliates from and against any
and all claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses arising out of or relating to the Registered Name holder's
domain name registration. This indemnification requirement shall survive the
termination or expiration of the registration agreement.
20. provisions specific
to .US registrations
You agree to be bound by any registry rules, policies, and agreements for this
ccTLD. The registration guidelines for this ccTLD are available online and are
incorporated herein. These policies may prohibit You from changing, transferring,
or assigning the name You have submitted as Registrant.
The Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.
A. Registrants must be either:
A natural person (i) who
is a United States citizen, (ii) who is a permanent resident of the United States
of America or any of its possessions or territories, or (ii) whose primary place
of domicile is in the United States of America or any of its possessions, or;
An entity or organization that is (i) incorporated within one of the fifty (50)
U.S. states, the district of Columbia, or any of the United States possessions
or territories or (ii) organized or otherwise constituted under the laws of
a state of the United States of America, the District of Columbia or any of
its possessions (including a federal, state, or local government of the United
States, or a political subdivision thereof, and non-commercial organizations
based in the United States), or;
A foreign entity or organization that has a bona fide presence in the United
States of America or any of its possession or territories that also (i) regularly
engages in lawful activities (sales of goods or services or other business,
commercial or non-commercial including not-for-profit activities) in the Unites
States, or (ii) maintains an office or other property within the United States.
B. The name servers listed for all .US domain names must be based within the
United States of America or any of its possessions or territories.
Registrant further certifies that QuestMatrix Website Solutions has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willingly volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.
Registrant understands and agrees that if such information cannot be verified, or if Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.
Indemnification
You agree to indemnify and hold harmless the .US Registry Operator, NeuStar, and its 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) .US domain name registration and (ii) use of any .US registered domain name.
.US Registration Restrictions
You understand and agree that when You register one of these domains, that You are prohibited from using any profanity in the domain name, pursuant to the .US policy available online. The definition of profanity can be found in the Supreme Court decision, FCC v. Pacifica Foundation, made famous by George Carlin.
Further, You acknowledge
and agree that You are not permitted to purchase private or proxy .US registrations.
You shall register for any and all .US registrations using Your personal information,
which information You represent and warrant is current, accurate and complete.
21. provisions specific
to .NAME registered items
Eligibility Requirements - Dispute Resolution
You represent and warrant that the name You are registering is Your legal, personal name, or that You own the intellectual property rights to that name. If at any time it is discovered that it is not Your legal personal name, or Your intellectual property, the .NAME Registry Operator, Global Name Registry (GNR) and QuestMatrix Website Solutions reserve the right to cancel Your registration without refund, or transfer it to another party. In addition to the above You agree to be bound by the provisions of the entire Eligibility Requirements Dispute Resolution Policy.
Consent - Defensive Registration
A Defensive Registration is a registration designed for the protection of trademarks and service marks and may be granted to prevent a third party from registering a variation of a trademark or the exact trademark. If the name You wish to register is subject to a Defensive Registration, You have three options: (i) You may register a variation of the name, (ii) You may challenge the Defensive Registration under the Eligibility Requirements Dispute Resolution Policy ("ERDRP"), or (iii) You may request Consent from the Defensive Registrant. You can request Consent by contacting the Defensive Registrant listed in the GNR Whois database and requesting consent to register the .name domain. If the Defensive Registrant grants consent, they must confirm in writing that they grant consent. If the Defensive Registrant does not grant consent, you may wish to challenge the Defensive Registration under the ERDRP. The policy is available online.
Acceptable Use Policy
You agree to be bound by GNR’s Acceptable Use Policy. Among other limitations, this policy prohibits You from using your .name Email to engage in Spamming activities. You will be limited to a maximum of 500 messages sent from Your .name at a time.
Waiver of Liability
You agree that GNR and QuestMatrix Website Solutions will have no liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, the ability or inability to obtain a domain name or email address registration using these processes; or (ii) any dispute over any domain name or email address registration, including the decision of any dispute resolution proceeding related to any of the foregoing.
Indemnification
You agree to indemnify,
defend and hold harmless GNR, and its directors, officers, employees, agents,
and affiliates from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses arising out of or
relating to the Registered Item Holder's registration. You agree that this indemnification
obligation shall survive the termination or expiration of this Registration
Agreement.
22. OTHER COUNTRY CODE TOP
LEVEL DOMAINS
You represent and warrant that You meet the eligibility requirements of each
country code top level domain ("ccTLD") You apply for. You further
agree to be bound by any registry rules, policies, and agreements for that particular
ccTLD. These may include, but are not limited to, agreeing to indemnify the
ccTLD provider, limiting the liability of the ccTLD provider, and requirements
that any disputes be resolved under that particular country's laws.
23. ADDITIONAL REQUIREMENTS
FOR .JOB REGISTRANTS
If You are registering a .JOB domain name You also:
Agree to provide information regarding membership in a Human Resource Association,
and the identity of any such association;
Agree to provide the URL of Your existing company website;
Acknowledge that you have read, understood and agree to be bound by the .Job's
Registry-Registrant agreement as amended from time to time, located here;
Warrant that you meet the eligibility requirements as provided by the Registry
and as modified from time to time, and to abide by the JOBS Usage Policy and
Terms and Conditions as amended from time to time and stated here;
Agree to abide by the SHRM code of professional ethics as stated here;
Agree to indemnify, defend and hold harmless the Registry Operator and its subcontractors,
shareholders, directors, officers, employees, affiliates and agents of each
of them from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses, arising out of or relating
to Your domain name registration. This indemnification obligation shall survive
the termination or expiration of this Agreement; and
Further acknowledge and agree that the Registry Operator is an intended third
party beneficiary of this Agreement, with a right to enforce the terms and provisions
contained herein.