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Home Legal Domain Name Registration Agreement |
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Domain Name Registration Agreement
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This Domain Name Registration Agreement ("Agreement")
is by and between uktrading.net, ("UK Trading") 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 UK
Trading's Domain Name Registration and represents the entire
agreement between You and UK Trading. 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 UK Trading may establish from
time to time.
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 UK Trading, whether or not the
transactions were in Your behalf. You acknowledge that UK
Trading's acceptance of any application made by You for services
provided by UK Trading 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 UK Trading is a registrar bound by an
agreement between UK Trading and ICANN. You agree that UK Trading
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 UK Trading .
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1. fees |
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In consideration for the services and products
("service") purchased by You and provided to You by UK
Trading, You agree to pay UK Trading at the time service is
provided. Payment is to be made by You by providing either a valid
debit/credit card to UK Trading (the "Payment Method").
Personal cheques under £500 are subject to the same processing
fees as wire transfers. All personal cheques will be delayed
fourteen (14) days until the money is credited, which may delay
Your usage of the product or service, and any cheque that bounces
will result in a £15 bounced cheque fee. If You purchase an
automatically renewing service or product by personal cheque, it
is Your responsibility to make payment arrangements for each
renewal payment. You understand that ICANN requires UK Trading 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 UK Trading is unable to charge
Your Payment Method for the full amount owed UK Trading for the
service provided, or if UK Trading is charged a penalty for any
fee it previously charged to your Payment Method, You agree that
UK Trading may pursue all available remedies in order to obtain
payment. You agree that among the remedies UK Trading 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. UK Trading 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, UK Trading 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 UK Trading, at UK Trading's then
current rates. Thus, if you have chosen to register your domain
name for one year, UK Trading will automatically renew it for one
year. If you have chosen to register your domain name for two
years, UK Trading will automatically renew it for two years, and
so on. Domain name renewals will be non refundable. If for any
reason UK Trading 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 UK
Trading 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 UK
Trading may, at its sole discretion, renew your expired domain
name on your behalf. If UK Trading decides to renew your expired
domain name on your behalf you will have a Renewal Grace Period
during which you may reimburse UK Trading 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 UK Trading 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 UK Trading 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 UK Trading 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 UK Trading 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.
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2. term of agreement; modifications |
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The term of this agreement shall continue in full force and
effect as long as You have any domain name registered through UK
Trading. You agree that You will not transfer any domain name
registered through UK Trading to another domain name registrar
during the first sixty (60) days from its initial registration
date. You further agree that UK Trading may charge You a small fee
if You cancel Your domain within the five (5) day grace period
after registering Your domain with UK Trading and UK Trading
refunds the price of Your domain. UK Trading will not charge You a
fee if UK Trading cancels Your domain name during this period
because of fraud. Provided, however, the five (5) day grace period
does not apply to Premium Domains, which are non-refundable.
You agree that UK Trading may modify this agreement from time
to time. UK Trading may also discontinue services it provides
under this agreement. You agree to be bound by any changes UK
Trading may reasonably make to this agreement when such changes
become effective. Should You elect to cancel Your agreement with
UK Trading You will not receive a refund for any fees You may have
paid to UK Trading.
You agree that UK Trading shall not be bound by any
representations made by third parties who You may use to purchase
services from UK Trading, and that any statements of a general
nature, which may be posted on UK Trading's web site or be
contained in UK Trading's promotional materials, will not bind UK
Trading.
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3. up to date information; use of information and expiration |
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You agree to notify UK Trading 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 UK Trading
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 UK Trading 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 UK Trading 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, UK Trading
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.
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4. dispute resolution policy |
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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
UK Trading may from time to time modify its Dispute Resolution
Policy. UK Trading 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 UK Trading
after the updated policy becomes effective that You agree to the
Dispute Resolution policy as amended. You agree to review UK
Trading's web site periodically to determine if changes have been
made to the Dispute Resolution Policy. If You cancel Your
agreement with UK Trading 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 UK Trading, You will
indemnify, defend and hold UK Trading harmless as provided for in
this agreement. You also agree that if UK Trading is notified that
a complaint has been filed with a governmental, administrative or
judicial body, regarding a domain name registered by You using UK
Trading, that UK Trading, in its sole discretion, may take
whatever action UK Trading 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 UK Trading
harmless for any action taken by UK Trading.
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5. transfer of domain names; resale practices |
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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 UK Trading or transferred to UK
Trading 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 UK Trading to a new Registrar. You may log into
Your account with UK Trading at any time after Your domain name
has been successfully transferred to UK Trading, 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 UK Trading's
registration services, that they are in fact registering their
domain name through UK Trading and that UK Trading 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 UK
Trading'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 UK
Trading, You agree that such additional terms and conditions shall
not conflict with UK Trading's Domain Registration Agreement and
the policies and business procedures adopted by ICANN.
You agree that UK Trading 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 UK Trading'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 UK Trading so
UK Trading may update its registration records. You will retain
copies of all communications between You and Your customers and
will upon request provide UK Trading copies of same.
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6. suspension of services; breach of agreement |
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You agree that, in addition to other events set forth in this
agreement, (i) Your ability to use any of the services provided by
UK Trading 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
UK Trading procedure not inconsistent with an ICANN adopted
specification or policy, (1) to correct mistakes by UK Trading 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 UK Trading rule or policy
may be considered by UK Trading to be a material breach of this
agreement and that UK Trading may provide You with notice of such
breach either in writing or electronically (i.e. email). In the
event You do not provide UK Trading with material evidence that
You have not breached Your obligations to UK Trading within ten
(10) business days, UK Trading may terminate its relationship with
You and take any remedial action available to UK Trading 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 UK Trading to You. No fees will be refunded
to You should Your agreement be cancelled or services be
discontinued because of a breach.
UK Trading'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.
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7. restriction of services; right of refusal |
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You agree not to use the services provided by UK Trading, or to
allow or enable others, to use the services provided by UK Trading
for the purposes of:
- The transmission of unsolicited email (Spam).
- Repetitive, high volume inquires into any of the services
provided by UK Trading (i.e. domain name availability, etc.).
If You are hosting Your domain's domain name servers
("DNS") on UK Trading'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
UK Trading, You are responsible for ensuring that there is no
excessive overloading on UK Trading's DNS systems. You may not use
UK Trading'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 UK Trading reserves the right to
deactivate Your domain name from its DNS system if UK Trading
deems it is the recipient of activities caused by your site that
threaten the stability of its network.
You agree that UK Trading, in its sole discretion and without
liability to You, may refuse to accept the registration of any
domain name. UK Trading 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. UK Trading may also cancel the registration of a
domain name, after thirty (30) days, if that name is being used,
as determined by UK Trading 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 UK Trading 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 UK Trading in connection with the registration
either being canceled or refused. In the event UK Trading deletes
the registration of a domain name being used in association with
spam or morally objectionable activities, no refund will be
issued.
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8. limitation of liability |
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You agree that UK Trading's entire liability to you under this
agreement, and your only remedy, in connection with any service
provided by UK Trading, to you under this agreement, and for any
breach of this agreement by UK Trading, shall be limited to the
fees you paid to UK Trading for the particular service in
contention. UK Trading 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 UK Trading'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, UK Trading's liability shall be limited to the smallest
amount permitted by law. UK Trading 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 UK Trading
- 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 UK Trading or any
of services provided to You by UK Trading
- 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 UK Trading's Dispute Resolution Policy
- any act or omission caused by You or Your agent (whether
authorized by You or not)
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9. indemnity |
| You agree to release, defend, indemnify and
hold harmless UK Trading 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 UK Trading whether or
not on Your behalf, and whether or not with Your permission) use
of the services provided by UK Trading. Should UK Trading be
notified of a pending law suit, or receive notice of the filing of
a law suit, UK Trading may seek a written confirmation from You
concerning Your obligation to indemnify UK Trading. Your failure
to provide such a confirmation may be considered a breach of this
agreement. |
10. representation and warranties |
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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 UK Trading 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 UK Trading.
UK Trading 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 UK Trading, as well as its affiliates,
subsidiaries, officers, directors and employees. UK Trading also
reserves the right to freeze a domain name during resolution of a
dispute.
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11. disclaimer of warranties |
| UK Trading 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. UK Trading 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. UK Trading 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 |
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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 UK Trading regarding
the services contemplated herein.
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13. venue; waiver of trial by jury |
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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 UK Trading, 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 UK Trading, You
shall submit, without prejudice to other potential applicable
jurisdictions, to the jurisdiction of the courts (1) of Your
domicile and (2) where UK Trading 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.
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14. notices |
You agree that all notices (except for notices
concerning breach of this agreement) from uktrading.net, 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
uktrading.net, or mailed first class postage to the postal address
You have on file with uktrading.net,. In both cases, delivery
shall be deemed to have been made five (5) days after the date
sent. Notices from You to uktrading.net, 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 uktrading.net,, 14455 North Hayden Rd., Suite
219, Scottsdale, AZ 85260 Delivery shall be deemed to have been
made by You to uktrading.net, 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 .COM, and .NET registrations |
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Indemnification
You agree to indemnify, defend and hold harmless the .COM .and
NET Registry Operator, VeriSign,, 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.
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17. provisions specific to .ORG registrants |
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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.
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18. provisions specific to .INFO registrants |
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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.
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20. additional requirements for .INFO registrants |
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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.
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21. 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
UK Trading and the .BIZ Registry Operator, NeuLevel, expressly
reserve the right to deny, cancel or transfer any registration
that it deems necessary, in its discretion, to protect the
integrity and stability of the registry, to comply with any
applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process, or
to avoid any liability, civil or criminal, on the part of UK
Trading and/or NeuLevel,, as well as their affiliates,
subsidiaries, officers, directors and employees. UK Trading and
NeuLevel, 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,, 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.
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23. provisions specific to .NAME registered items |
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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 UK
Trading 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 UK Trading 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.
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24. provisions specific to .EU registrations |
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.EU Registration Restrictions
You acknowledge and agree that You are not permitted to
purchase private or proxy .EU registrations. You shall register
for any and all .EU registrations using Your personal information,
which information You represent and warrant is current, accurate
and complete. Further, You acknowledge and agree that You are not
permitted and shall not attempt to register any .EU registrations
unless You have a physical presence in the European Union.
Compliance with Applicable Law
You agree to obey, comply with and be bound by any and all
applicable laws, regulations and administrative policies
promulgated by the European Registry of Internet Domain Names
("EURID").
Compliance with EURID Rules
You agree to obey, comply with and be bound by EURID rules and
regulations and any and all updates, revisions and modifications
thereto, which may be made by EURID from time to time, including,
but not limited to, their dispute policies, which may be found here.
Compliance with EURID Domain Name WHOIS Policy
You agree to obey, comply with and be bound by the EURID Domain
Name WHOIS Policy and any and all updates, revisions and
modifications thereto, which may be made by EURID from time to
time, which may be found here.
Jurisdiction
For the adjudication of disputes concerning or arising from use
of the registered .EU domain name, You agree to submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts of (1) Your domicile state, (2) the
State of Arizona and (3) the United Kingdom.
.EU Dispute Resolution/ADR
EURID offers an alternative procedure for resolving disputes
concerning .EU domain names, which can be found here.
When applicable, You acknowledge such procedure and agree that
You shall comply with and abide by its terms and conditions.
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25. 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. |
35. provisions specific to .UK registrants (.ORG.UK, .ME.UK, .CO.UK) |
|
You represent and warrant that You meet the eligibility
requirements of this ccTLD. You further agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The
registration guidelines for this ccTLD are available here
and the rules are available here
, and are incorporated herein.
If you are registering a Second Level Domain under this ccTLD,
You further agree to be bound by the Second Level Domain's rules,
policies, and agreements, which are incorporated and made a part
of this Agreement herein.
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37. provisions specific to .TV registrants |
|
You represent and warrant that You meet the eligibility
requirements of this ccTLD. You further agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The
registration guidelines for this ccTLD are available here
and are incorporated herein.
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38. provisions specific to .MOBI registrants |
| You acknowledge and agree that You shall comply
with the requirements, standards, policies, procedures and
practices set forth in the dotmobi Style Guide, found here.
You consent to the monitoring of Your website as described in
the dotmobi Style Guide monitoring guidelines, found here,
for compliance with the Style Guide.
Further, You acknowledge and agree that the Style Guide is
subject to modification by the dotmobi registry, with any such
changes found here,
and You
acknowledge and agree that You will comply with any such changes
in the time allotted.
You agree to indemnify to the maximum extent permitted by law,
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 domain name registration and or use, and this indemnification
obligation survive the termination or expiration of the
registration agreement;
Indemnify, defend and hold harmless Registry Services Provider,
its subsidiaries and affiliates, and the directors, officers,
employees and agents or each of them, from and against any and all
claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or relating to
Your domain name registration and or use, and indemnification
obligation survive the termination or expiration of the
registration agreement;
Acknowledge and agree that notwithstanding anything in this
Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"),
the Registry Operator of the .mobi TLD, is and shall be an
intended third party beneficiary of this Agreement. As such, the
parties to this Agreement acknowledge and agree that the third
party beneficiary rights of dotmobi have vested and that dotmobi
has relied on its third party beneficiary rights under this
Agreement in agreeing to UK Trading being a registrar for the .mobi
top-level domain. Additionally, the third party beneficiary rights
of dotmobi shall survive any termination or expiration of this
Agreement.
You agree to comply with ICANN requirements, standards,
policies, procedures, and practices for which dotmobi has
responsibility in accordance with the Registry Agreement between
ICANN and dotmobi or other arrangement with ICANN.
You consent to the use, copying, distribution, publication,
modification and other processing of Your personal data by dotmobi
and its designees and agents in a manner consistent with the
purposes for which Your personal data is collected by UK Trading
and submitted to dotmobi and with relevant mandatory local data
protection, law and privacy.
You shall immediately correct and update Your registration
information for Your registered domain name(s) during the
registration term for each registered name.
You further agree to comply with operational standards,
policies, procedures, and practices for the Registry TLD
established from time to time by Registry Operator in a
non-arbitrary manner as Registry Policies, applicable to all
registrars and/or Registered Name Holders, and consistent with the
Registry Agreement shall be effective upon thirty days notice by
Registry Operator to Registrar;
You acknowledge and agree that dotmobi and Affilias Limited,
acting in consent with dotmobi, reserves the right to deny, cancel
or transfer any registration that it deems necessary, in its
discretion (i) to protect the integrity and stability of the
registry; (ii) to comply with all applicable laws, government
rules or requirements, requests of law enforcement, in compliance
with any dispute resolution process; (iii) to avoid any liability,
civil or criminal, on the part of dotmobi as well as its
affiliates, subsidiaries, officers, directors, representatives,
employees, and stockholders; (iv) for violations of the terms and
conditions herein; (v) or to correct mistakes made by dotmobi or
any registrar in connection with a domain name registration, and
dotmobi also reserves the right to freeze a domain name during
resolution of a dispute.
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Revised: 1/10/2008 |
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