Exhibit A
Domain
Registration Agreement
1.
THIS REGISTRATION AGREEMENT ("Agreement"), is between EPAG
Domainservices GmbH ("EPAG") and you, on behalf of yourself or the
entity you represent ("Registrant"), as offered through ___________________________________,
the Reseller participating in EPAG's distribution channel for domain name
registrations. Any reference to "Registry" or "Registry
Operator" shall refer to the registry administrator of the applicable
top-level domain ("TLD"). This Agreement explains EPAG's obligations
to Registrant, and Registrant's obligations to EPAG, for the domain
registration services. By agreeing to the terms and conditions
set forth in this Agreement, Registrant agrees to be bound by the rules and
regulations set forth in this Agreement, and by a registry for that particular
TLD.
2.
DOMAIN NAME REGISTRATION AND
ADMINISTRATION. EPAG provides domain services and thus
particularly acts as an agent between the Registrant and the respective
Registry or accredited registrar to register and administer the contracted
domain name according to the details of Registrant. EPAG also pays the
necessary fees to the Registry or accredited registrar for these operations. A
Registration on the basis of this Agreement is the
application for a domain name with the respective registry (registration) or
the transfer of a domain name from another registrar to EPAG (transfer).
Administration shall mean the provision and change of data entries to domains (e. g. contacts or name server), the renewal of the domain
registration period, the deletion of a domain or the like. If Registrant
registers or administers a domain through EPAG, EPAG shall undertake to process
the registration as quickly as possible. A domain name submitted through EPAG will be deemed active when the relevant registry accepts the
Registrant's application and activates Registrant's domain name registration or
renewal. EPAG has no influence on, and cannot guarantee, whether or when a
domain name is registered and shall be unable to guarantee that the domain name
applied for will not be registered for another
applicant during the processing period. EPAG shall not accept any liability for
delays caused by other parties involved in the registration process and is not
responsible for any inaccuracies or errors in the domain name registration or
renewal process. Furthermore, EPAG does not guarantee that the domain names
applied for on behalf of the Customer will be unencumbered with the rights of
third parties or will continue to exist in the future.
� If the Reseller applies for the registration of several domain names and
if the registration of all of them is not possible due to a lack of
availability, EPAG shall be entitled to register those domains
which are available (partial performance).
3.
FEES. Registrant agrees to pay Reseller the applicable service fees prior to
the registration or renewal of a domain. All fees payable hereunder are
non-refundable even if Registrant's domain name registration is suspended,
cancelled or transferred prior to the end of your current registration term.
4.
TERM. This Agreement will remain in effect during the term of the domain name
registration as selected, recorded and paid for at the time of registration or
renewal. Should the domain name be transferred to
another registrar, the terms and conditions of this Agreement shall cease.
5.
EXPIRATION, RENEWAL AND
FORFEITURE. The registered domain name will expire on
the expiration date specified in the registration term, and as communicated to
the Registrant. Registrant will receive reminders immediately prior to the
expiration inviting Registrant to renew the domain name, provided the policies
governing the applicable TLD require EPAG to send such renewal reminders. In
the event that Registrant fails to renew the domain name in a timely fashion,
the registration will expire and EPAG may, at its discretion, elect to assume
the registration and may hold it in its own account, delete it, or sell it to a
third party. In cases where, in order to not extend
the registration period of a domain for another period, the applicable
registration policy of that TLD requires written consent of the Registrant to
delete a domain, Registrant is obliged to provide EPAG with this written
consent to delete the domain name. If Registrant does not consent to the domain
name being deleted, and does not initiate a transfer of the domain to a third
party, EPAG will not renew the domain name to the benefit of Registrant. During
the period following the expiration of a domain name, the domain name will
cease to resolve, the Whois registration records may be revised to include that of EPAG, its parent company
Tucows Inc., or its Reseller, and visitors to Registrant's website may be
directed to a default web page. This default web page may feature
advertisements posted by EPAG for its own account. Registrant acknowledges and
agrees that Registrant's right and interest in a domain name ceases upon its
expiration. Registrant is solely responsible for informing itself of the date of
expiration and renewing its registration in a timely manner. If EPAG, at its
sole discretion, elects to renew the registration, Registrant will be entitled
to a grace period of forty (40) days during which
Registrant may re-register the domain name. Additional costs for the redemption
and re-registration will apply.
6.
EXPIRED REGISTRATION RECOVERY
POLICY. For all TLDs governed by the Expired Registration
Recovery Policy, as established by ICANN, domain expiration notices will be
sent via email thirty (30) days and seven (7) days prior to a domain expiration
date and five (5) days after a domain expires. Renewal, post-expiration renewal
and redemptions fees are published at https://www.epag.de/en/fees/. Reseller's fees may differ.
7.
REGISTRANT INFORMATION AND
DATA SHARING. Data required
for the registration of a domain name varies by top-level domain. The required
data for a domain name registration (�Minimum Data�) will be presented at the
time of registration or renewal and may include up to:
�
Name, organization name (if
available), email address, and country of the Registered Name Holder;
�
Registered domain name;
�
Name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the administrative
contact for the domain name;
�
Name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the billing
contact for the domain name; and
�
Name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the technical
contact for the domain name.
�
If necessary, IP addresses of the primary and secondary name servers including their
server names
Any changes shall be communicated to EPAG
without undue delay and shall be confirmed in writing within 15 days on
request.
The Minimum Data will be shared with EPAG and
the relevant authoritative registry services provider for your top-level
domain. The identity of the authoritative registry services provider can be found at https://www.iana.org/whois.
The Minimum Data for domains in any TLD you have registered can be found in the Data Processing Information Page.
8.
ACCURATE INFORMATION. Registrant represents and warrants that:
�
The statements that Registrant
makes in connection with the domain name registration, maintenance, or renewal
are complete and accurate;
�
Registrant information will be
kept current;
�
Registrant will not, and will
not permit others, to use the domain name in violation of any ICANN or registry
policies, applicable laws or regulations, or legal rights of others;
�
Registrant make sure that the
chosen domain names are available and do not offend common decency;
�
Registrant will respond to
inquiries from EPAG addressed to the email address of the Registrant, the
administrative, billing or technical contact with respect to a domain name
concerning the accuracy of contact details.
�
Registrant acknowledges that a
breach of this Section 8 will constitute a material breach of the Agreement,
which will entitle either EPAG or a registry to terminate this Agreement
immediately upon such breach without any refund and without notice to
Registrant.
9.
ICANN REQUIRED DISCLOSURES. Domain name registration requires sharing the Registrant's information,
in whole or in part, with the applicable Registry
Operator and with ICANN. As required by ICANN, this information must be made
publicly available by means of Whois, and the
Registry Operator also may be required to make this
information publicly available by Whois. Both EPAG
and the Registry Operator may be required to archive this information with a
third-party escrow service. Registrant consents to and gives permission for all
such required disclosures. Further, Registrant represents and warrants that, if
Registrant is providing information about a third party, Registrant has
notified the third party of the required disclosures and the purpose for the
disclosures and Registrant has obtained the third party's consent to such
disclosure. ICANN may establish or modify the guidelines, limits or
requirements that relate to the amount and type of information that EPAG may or
must make available to the public or to private entities, and the manner in
which such information is made available.
10.
SUSPENSION AND CANCELLATION. EPAG may in its sole discretion, suspend or cancel Registrant's domain
name registration, or return the domain to the Registry where applicable
without notice:
�
if Registrant breaches this
Agreement;
�
if Registrant fails to provide
payment or accurate contact or billing information;
�
in the event there was an
error in the registration process for such domain name;
�
as required by ICANN or a
Registry Operator;
�
to protect the integrity and
stability of EPAG and any applicable registry;
�
to comply with any applicable
laws, government rules, requests of law enforcement and court orders;
�
if a third party can plausibly
demonstrate an infringement brought about by the registration or usage of a
domain name, such as a conjectural breach of trademark, copy or any other proprietary
rights of third parties resulting from the domain name or the usage of the
domain;
�
in compliance with any dispute
resolution process, or
� to avoid any liability, civil or criminal.
11.
DISPUTE RESOLUTION. Registrant is bound by all ICANN consensus
policies and all policies of any relevant Registry Operator, including the
Uniform Rapid Suspension Procedure, The Uniform Domain Name Dispute Resolution
policy (UDRP), along with the UDRP rules and all supplemental rules of any UDRP
provider. ICANN may change the UDRP at any time. If a third party challenges
the registration or reservation of the Registrant's domain name, Registrant
will be subject to the provisions specified in the dispute policy adopted by
the applicable registry. In the event a domain name dispute arises, Registrant
will indemnify and hold EPAG harmless pursuant to the terms and conditions
contained in the applicable policy. If EPAG is notified that a complaint has
been filed with a judicial or administrative body regarding a domain name, EPAG
may, at its sole discretion, suspend use of the domain name and the ability to
make modifications to the registration records until:
�
EPAG is directed to do so by
the judicial or administrative body, or
�
EPAG receives notification from
both parties that the dispute has been settled.
� If Registrant or Registrant's domain name becomes the
subject of litigation, EPAG may deposit control of Registrant's domain name
record into the registry of the judicial body by supplying a party with a
registrar certificate.
12.
TRUSTEE SERVICE. If Registrant elects to use a Trustee Service in a situation where a
TLD�s registration policy requires a local representative for non-residents,
the General Terms and Conditions for Local Presence Services / Trustee Services
as available at https://domrob.epag.net/pdf/EN-GTC_Trustee_Service_2016.pdf will apply.
13.
DNS SERVICE. If Registrant elects to use EPAG�s DNS services, EPAG will provide two
domain name servers for the technical operation (domain name resolution) of
domain names managed at EPAG. The terms of use of EPAG�s DNS Service, available
at https://domrob.epag.net/pdf/EN-EPAG_DNS_Policy_2016.pdf, will apply. The fee for using EPAG�s DNS service within the �free use�
provisions as laid out in the terms of use is included in the domain
registration and renewal fees. Accessibility of the domain name thereby depends
on the services of third parties and thus is beyond the sphere of influence of
EPAG. EPAG reserves the right to cancel the provision of the above-mentioned
services for specific domains in reasonable cases and in its sole discretion.
EPAG also reserves the right to change the registration of respective domains,
particularly in case of a conjectural breach of trademark, copy or any other
proprietary rights of third parties resulting from the domain name and the
usage of the domain.
14.
POLICY. Registrant agrees that its registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to a EPAG, registry,
ICANN or government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a EPAG, registry, ICANN or government-adopted
policy,
�
to correct mistakes by EPAG or
a registry in registering the name or
� for the resolution of disputes concerning the domain name.
15.
NO GUARANTEE. Registrant acknowledges that registration of a chosen domain name does
not confer immunity from objection to the registration, reservation or use of
the domain name.
16.
AGENCY. If Registrant intends to license use of a domain name to a third party,
Registrant is deemed the domain name holder of record
and is responsible for providing Registrant's own full contact information
adequate to facilitate timely resolution of any problems that arise in
connection with the domain name. Registrant shall accept liability for harm
caused by wrongful use of the domain name, unless it promptly discloses the
licensee's identity and current contact information (as provided by the
licensee) to a party providing the Registered Name Holder reasonable evidence
of actionable harm. Registrant represents that it will secure the agreement of
any third party to the terms and conditions in this Agreement.
17.
MODIFICATIONS TO AGREEMENT. EPAG may modify this Agreement, or any other related and/or applicable
agreement, as is necessary to comply with its agreements with ICANN, a registry
or any other entity or individual, as well as to adjust to changing
circumstances. All amendments to this Agreement will be
posted on our website at https://www.epag.de/downloads/exhibit-a.htm. Your continued use of the registered domain name will constitute your
acceptance of this Agreement with any revisions. If you do not agree to any
change, you may request that your domain name be cancelled or transferred to a
different accredited registrar, and agree that such cancellation or transfer
will be your exclusive remedy if you do not wish to abide by any change to this
Agreement, or any other related and/or applicable agreement.
18.
ANNOUNCEMENTS. EPAG reserves the right to distribute information to Registrant that is
required by ICANN or Registry policy.
19.
LIMITATION OF LIABILITY. Registrant agrees that EPAG�s entire liability, and Registrant's
exclusive remedy, with respect to the domain registration service provided
under this Agreement and any breach of this Agreement is solely limited to the
amount Registrant paid for the initial registration of the domain name. EPAG,
ICANN and the applicable registries shall not be liable for any lost profits,
revenues, or data, financial losses or indirect, special, consequential,
exemplary, or punitive damages. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages, in such
states, liability is limited to the extent permitted by law.
20.
INDEMNITY. Registrant will defend, indemnify, and hold harmless EPAG, ICANN, the
applicable registries, and their respective directors, officers, employees,
agents, affiliates, and contractors, from all liabilities, claims and expenses,
including attorney's fees, arising out of or relating to
�
Registrant's registration and
use of the domain name registered;
�
use of the domain name in
violation of this Agreement; or
�
Registrant's violation of any
third party right, including Intellectual Property Rights. This indemnification
obligation will survive the termination or expiration of this Agreement.
� Registrant shall make up for any damage done to EPAG and shall indemnify
EPAG against any claims and other legal injuries resulting from its
non-compliance with the rules named in this Agreement or from any
non-compliance with its duty to cooperate. This provision shall also apply to Reseller regarding possible claims of end customers
against EPAG due to the reasons named above.
21.
TRANSFER OF OWNERSHIP. The person named as Registrant on the Whois
shall be the "Registered Name Holder." The person named as
administrative contact at the time the controlling account was
secured shall be deemed the designate of the Registrant with the
authority to manage the domain name. Registrant agrees to only transfer
ownership of the domain name to another person (the "Transferee") if
the current as well as the prospective Registrant have explicitly agreed to the
change of ownership before the start of the transaction. Registrant agrees that
prior to transferring ownership of the domain name to another person (the
"Transferee") Registrant shall require the Transferee to agree in
writing to be bound by all the terms and conditions of
this Agreement. If the Transferee fails to be bound in a reasonable fashion (as
determined by EPAG in its sole discretion) to the terms and conditions in this
Agreement, any such transfer will be null and void.
Registrant explicitly authorizes EPAG to act as their Designated Agent, as
stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on
their behalf. EPAG reserves the right not to execute orders to change the
domain owner in cases of justified disbelief, or to cancel or revert orders
that have already been executed if this is possible.
22.
BREACH. Registrant agrees that failure to abide by any provision of this
Agreement, any ICANN, Registry, URDP or Dispute operating rule or policy, may
be considered by EPAG to be a material breach, and that EPAG may provide
written notice, describing the breach, to Registrant. If within fifteen (15)
calendar days of the date of such notice, Registrant fails to provide evidence,
which is reasonably satisfactory to EPAG, that Registrant has not breached its
obligations under the Agreement, then EPAG may delete
the registration the domain name. Any such breach by Registrant shall not be deemed to be excused simply because EPAG did
not act earlier in response to that, or any other, breach by Registrant.
23.
DISCLAIMER OF WARRANTIES. Except for the express warranties in this Agreement, EPAG does not make
any other warranty of any kind, whether express, implied, statutory or
otherwise, including warranties or merchantability, fitness for a particular
purpose, and non-infringement. EPAG is not responsible or liable for the
deletion or of failure to store any content and other communications maintained
or transmitted through the use of the domain name
registration service. EPAG does not warrant that the domain name registrations
service will be error free or uninterrupted. The domain name registration
service is not intended for high risk activities.
24.
INCONSISTENCIES WITH REGISTRY
POLICIES. In the event that this Agreement may be inconsistent
with any term, condition, policy or procedure of an applicable Registry, the
term, condition, policy or procedure of the applicable Registry shall prevail.
25.
NON-WAIVER. EPAG�s failure to require performance by Registrant of any provision
hereof shall not affect the full right to require such performance at any time
thereafter; nor shall the waiver by EPAG of a breach of any provision hereof be
taken or held to be a waiver of the provision itself.
26.
NOTICES. Any notice, direction or other communication given under this Agreement
shall be in writing and given by sending it via e-mail or via regular mail. In
the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the
sender. E-mail notification to EPAG must be sent
to [email protected]. Any notice to Registrant will be sent to the
e-mail address provided by Registrant in the Whois
record. Any e-mail communication shall be deemed to have been validly and
effectively given on the date of such communication, if such date is a business
day and such delivery was made prior to 4:00 p.m. CET, otherwise it will be
deemed to have been delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been validly and effectively
given five (5) business days after the date of mailing Postal notices to EPAG
shall be sent to:
EPAG
Domainservices GmbH
Niebuhrstra�e 16b
53113 Bonn, Germany
Attention: Legal Affairs
and in the case of notification
to Registrant shall be sent to the address specified in the
"Registrant Contact" in the Whois
record.
27.
ENTIRETY. Registrant agrees that this Agreement, the applicable dispute policy
and the rules and policies published by EPAG and any applicable Registry or
other governing authority, are the complete and exclusive Agreement between
EPAG and Registrant regarding the domain registration service.
28.
NO THIRD PARTY BENEFICIARIES. This Agreement shall not be construed to create any
obligation by either EPAG or Registrant to any non-party to this
Agreement. Enforcement of this Agreement, including any provisions incorporated
by reference, is a matter solely for the parties to this Agreement.
29.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF NORTH RHINE-WESTFALIA
AND THE FEDERAL LAWS OF GERMANY APPLICABLE THEREIN WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN BONN, GERMANY AND YOU IRREVOCABLY CONSENT
TO THE JURISDICTION OF SUCH COURTS.
30.
INFANCY. Registrant attests to be of legal age to enter into this Agreement.
31.
FORCE MAJEURE. Registrant acknowledges and agrees that neither EPAG nor the applicable
Registry shall be responsible for any failures or delays in performing the
respective obligations hereunder arising from any cause beyond its reasonable
control, including but not limited to, acts of God, acts of civil or military
authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
32.
CONTROLLING LANGUAGE. In the event that Registrant is reading this Agreement in a language
other than the English language, Registrant acknowledges and agrees that the
English language version hereof shall prevail in case of inconsistency or contradiction
in interpretation or translation.
33.
TLDs. The following additional provisions apply to any domain names that you
register through EPAG with the various registries:
� .COM/NET Domains: In the case of a
".com" or ".net" registration, the following terms and
conditions will apply:
�
For the adjudication of
disputes concerning or arising from use of the domainname,
the Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts:
a.
of the Registrant's domicile,
and
b.
where EPAG is located, presently Bonn, Germany.
� .ORG Domains: In the case of a
".org" registration, the following terms and conditions will apply:
�
Submission to UDRP. Registrant
agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy
("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with
the requirements set forth by the Registry. These policies are subject to
modification;
�
For the adjudication of
disputes concerning or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts:
a.
of the Registrant's domicile,
and
b.
where EPAG is located, presently Bonn, Germany.
� .INFO Domains: In the case of a
".info" registration, the following terms and conditions will apply:
�
You agree to the Afilias Inc. Acceptable Use and Anti-Abuse Policy, located
at https://www.afilias.info/policies
�
Registrant's Personal Data.
You consent to the use, copying, distribution, publication, modification, and
other processing of Registrant's personal data by Afilias,
the .INFO registry, and its designees and agents, in a manner consistent with
the purposes specified pursuant to its contract;
�
Submission to UDRP. Registrant
agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy
("UDRP") (http://www.icann.org/dndr/udrp/policy.htm) and comply with
the requirements set forth by the Registry. These policies are subject to
modification;
�
For the adjudication of
disputes concerning or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts:
a.
of the Registrant's domicile,
and
b.
where EPAG is located,
presently Bonn, Germany;
�
Reservation of Rights. EPAG and Afilias expressly reserve the
right to deny, cancel, transfer, or modify any registration that either
registrar or Afilias deems necessary, at its
discretion, to protect the integrity and stability of the registry, to comply
with any applicable law, any government rule or requirement, any request of law
enforcement, any dispute resolution process, or to avoid any liability, civil
or criminal, on the part of the registrar and/or Afilias,
as well as their affiliates, subsidiaries, executives, directors, officers,
managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or
its registration data during resolution of a dispute.
� .BIZ Domains: In the case of a
".biz" registration, the following terms and conditions will apply:
�
Registrations in the .biz
top-level domain must be used or intended to be used
primarily for bona fide business or commercial purposes. For the purposes of
the .biz registration 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:
a.
to exchange goods, services,
or property of any kind;
b.
in the ordinary course of
business; or
c.
to facilitate:
-
the exchange of goods,
services, information or property of any kind;
-
the ordinary course of trade or business.
�
For more information on the
.biz restrictions, which are incorporated herein by
reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
�
Selection of a Domain Name.
You represent that:
a.
the data provided in the
domain name registration application is true, correct, up to date and complete,
and that you will continue to keep all of the information provided correct,
up-to-date and complete;
b.
to the best of the your
knowledge and belief, neither this registration of a domain name nor the manner
in which it is directly or indirectly to be used infringes upon the legal
rights of a third party;
c.
that the domain name is not
being registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever;
d.
the registered domain name
will be used primarily for bona fide business or commercial purposes and not
-
exclusively for personal use,
or
-
solely for the purposes of
selling, trading or leasing the domain name for compensation, or
-
the unsolicited offering to
sell, trade or lease the domain name for compensation;
-
you have the authority to
enter into this Registration Agreement; and
-
the registered domain name is reasonably related to your business or
intended commercial purpose at the time of registration.
e.
Provision of Registration
Data. As part of the registration process, you are required to provide us with
certain information and to keep the information true, current, complete, and
accurate at all times. The information includes the following:
-
your full name;
-
your postal address;
-
your e-mail address;
-
your voice telephone number;
-
your fax number (if
applicable);
-
the name of an authorized person
for contact purposes in the case of a registrant that is an organization,
association, or corporation;
-
the IP addresses of the
primary nameserver and any secondary nameserver for the domain name;
-
the corresponding names of the
primary and secondary nameservers;
-
the full name, postal address,
e-mail address, voice telephone number, and, when available, fax number of the
administrative, technical, and billing contacts, and the name holder for the
domain name; and
-
any remark concerning the domain name that should appear in the Whois directory.
-
You agree and understand that
the foregoing registration data will be publicly available and accessible on
the Whois directory as required by ICANN and/or
registry policies, and may be sold in bulk in accordance
with the ICANN agreement.
f.
Domain Name Disputes. You
acknowledge having 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 Resolution Policy ("Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm;
-
The Restrictions Dispute
Resolution Criteria and Rules ("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm; (collectively, the "Dispute Policies").
g.
The Dispute Policy sets forth
the terms and conditions in connection with a dispute between a Registrant and
any party other than the Registry or Registrar over the registration and use of
an Internet domain name registered by Registrant.
h.
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 endorsed on a
case-by-case, fact specific basis by an independent ICANN-accredited dispute
provider.
i.
For the adjudication of
disputes concerning or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts:
-
of the Registrant's domicile,
and
-
where EPAG is located, presently Bonn, Germany.
� .NAME Domains: In the case of a
".name" registration, the following terms and conditions will apply:
�
.name Restrictions.
Registrations in the .name top-level domain must constitute an individual's
"Personal Name". For purposes of the .name restrictions (the
"Restrictions"), a "Personal Name" is a person's legal
name, or a name by which the person is commonly known. A "name by which a
person is commonly known" includes, without limitation, a pseudonym used
by an author or painter, or a stage name used by a singer or actor.
�
.name Representations. As a
.name domain name registrant, you hereby represent that:
a.
The registered domain name or
second level domain ("SLD") e-mail address is your Personal Name.
b.
The data provided in the
domain name registration application is true, correct, up to date and complete
and that you will continue to keep all of the information provided correct,
current and complete,
c.
to the best of the your
knowledge and belief, neither this registration of a domain name nor the manner
in which it is directly or indirectly to be used infringes upon the legal
rights of a third party;
d.
that the domain name is not
being registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever;
e.
the registration satisfies the
Eligibility Requirements found at: http://www.icann.org/en/about/agreements/registries/name/appendix-11-25mar11-en.htm;
and
f.
you have the authority to enter into this Registration Agreement.
�
E-mail Forwarding Services.
The Services for which you have registered may, at
your option, include e-mail forwarding. To the extent you opt to use e-mail
forwarding, you are obliged to do so in accordance with all applicable
legislation and are responsible for all use of e-mail forwarding, including the
content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content of and to comply with
the generally accepted rules for Internet and e-mail usage. Without prejudice
to the foregoing, you undertake not to use e-mail forwarding:
a.
to encourage, allow or
participate in any form of illegal or unsuitable activity, including but not
restricted to the exchange of threatening, obscene or offensive messages,
spreading computer viruses, breach of copyright and/or proprietary rights or
publishing defamatory material;
b.
to gain illegal access to
systems or networks by unauthorized access to or use of the data in systems or networks,
including all attempts at guessing passwords, checking or testing the
vulnerability of a system or network or breaching the security or access
control without the sufficient approval of the owner of the system or network;
c.
to interrupt data traffic to
other users, servers or networks, including, but not restricted to, mail
bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms
of harassment; or
d.
for spamming, which includes, but is not restricted to, the mass mailing of
unsolicited e-mail, junk mail, the use of distribution lists (mailing lists)
which include persons who have not specifically given their consent to be
placed on such distribution list. Users are not permitted
to provide false names or in any other way to pose as somebody else when using
e-mail forwarding.
�
Registry reserves the right to
implement additional anti-spam measures, to block spam or mail from systems
with a history of abuse from entering Registry's e-mail forwarding. However,
due to the nature of such systems, which actively block messages, Registry
shall make public any decision to implement such systems a reasonable time in
advance, so as to allow you or us to give feedback on
the decision.
�
You understand and agree that Registry
may delete material that does not conform to clause (c) above or that in some
other way constitutes a misuse of e-mail forwarding. You further understand and
agree that Registry is at liberty to block your access to e-mail forwarding if
you use e-mail forwarding in a way that contravenes this Agreement. You will be
given prior warning of discontinuation of the e-mail
forwarding unless it would damage the reputation of Registry or jeopardize the
security of Registry or others to do so. Registry reserves the right to immediately discontinue e-mail forwarding without notice
if the technical stability of e-mail forwarding is threatened in any way, or if
you are in breach of this Agreement. On discontinuing e-mail forwarding,
Registry is not obliged to store any contents or to forward unsent e-mail to
you or a third party.
�
You understand and agree that
to the extent either we and/or Registry is required by law to disclose certain
information or material in connection with your e-mail forwarding, either we
and/or Registry will do so in accordance with such requirement and without
notice to you.
�
Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound
by the dispute policy that is incorporated herein and made a part of this
Agreement by reference. You hereby acknowledge that you have read and
understood and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement.
a.
the Eligibility Requirements
(the "Eligibility Requirements"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
b.
the Eligibility Requirements
Dispute Resolution Policy (the "ERDRP"), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
c.
the Uniform Domain Name
Dispute Resolution Policy (the "UDRP"), available at: http://www.icann.org/dndr/udrp/policy.htm
�
The Eligibility Requirements
dictate that Personal Name domain names and Personal Name SLD e-mail addresses will be granted on a first-come, first-served basis. The
following categories of Personal Name Registrations may be registered:
a.
the Personal Name of an individual;
b.
the Personal Name of a
fictional character, if you have trademark or service make rights in that
character's Personal Name;
c.
in addition to a Personal Name registration, you may add numeric
characters to the beginning or the end of the Personal Name so as to
differentiate it from other Personal Names.
�
The ERDRP applies to
challenges to:
a.
registered domain names and
SLD e-mail address registrations within .name on the grounds that a Registrant
does not meet the Eligibility Requirements, and
b.
to Defensive Registrations (as defined by the Registry) within .name.
�
The UDRP sets forth the terms
and conditions in connection with a dispute between a Registrant and party
other than the Registry or EPAG over the registration and use of an Internet
domain name registered by a Registrant.
�
For the adjudication of
disputes concerning or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts:
a.
of the Registrant's domicile,
and,
b.
where EPAG is located, presently Bonn, Germany.
� .AT Domains: In the case of a
".at" registration, the following terms and conditions will apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at https://www.nic.at/de/agb. You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry policy
regarding such cancellation.
� .BE Domains: In the case of a
".be" registration, the following terms and conditions will apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at https://www.dnsbelgium.be/en/documents/enduser-terms-and-conditions-be.
You are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole remedy is to cancel
your domain name registration by following the appropriate Registry policy
regarding such cancellation.
�
Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound
by the .be Dispute Policy that is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute Policy may be found at https://www.dnsbelgium.be/en/domain-name-legal/domain-name-disputes.
� .BM Domains: In the case of a ".bm" registration, the following terms and conditions
will apply:
�
Master Terms of Service. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at https://bermudanic.bm/#/legal.
�
Privacy Statement. By visiting
the registry website or by otherwise interacting with BermudaNIC,
you agree to accept the practices described in this Privacy Notice, posted on
the Registry website at https://bermudanic.bm/#/legal.
�
Domain Name Registration
Service Agreement. You acknowledge and understand that by accepting the terms
and conditions of this agreement you shall be bound by
Registry policies and any pertinent rules or policies that exist now or in the
future and which are posted on the Registry website at https://bermudanic.bm/#/legal.
� .CA Domains: In the case of a
".ca" registration, the following terms and conditions will apply:
�
Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound
by the Dispute Policy, which is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute Policy may be found at http://cira.ca/assets/Documents/CDRPpolicy.pdf. Please take the time to familiarize yourself with this policy.
�
Registry Policy. You agree
that your registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Registry-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with a Registry adopted
policy,
a.
to correct mistakes by EPAG or
the Registry in registering the name or
b.
for the resolution of disputes concerning the domain name.
�
Transfer of Ownership. Any
transfer of ownership in and to a domain name registration shall
be affected in accordance with registry policies and procedures.
�
Registry Agreement and Policy.
You acknowledge and understand that by accepting the terms and conditions of
this agreement you shall be bound by the Registry's
Registrant Agreement, the Registry's policies and any pertinent rules or
policies that exist now or in the future and which are posted on the Registry
website at http://www.cira.ca/assets/Documents/Legal/Registrants/registrantagreement.pdf. You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound
by a revision or modification to any Registry agreement or policy, your sole
remedy is to cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation.
�
You acknowledge and agree that
the Registry shall not be liable to you for any loss, damage, or expense arising
out of the Registry's failure or refusal to register a domain name, it's
failure or refusal to renew a domain name registration, it's registration of a
domain name, it's failure or refusal to renew a domain name registration, it's
renewal of a domain name registration, it's failure or refusal to transfer a
domain name registration, it's transfer of a domain name registration, it's
failure or refusal to maintain or modify a domain name registration, it's
maintenance of a domain name registration, it's modification of a domain name
registration, it's failure to cancel a domain name registration or it's
cancellation of a domain name registration from the Registry;
� .CC Domains: In the case of a
".cc" registration, the following terms and conditions will apply:
�
Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound
by the Dispute Policy that is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute Policy may be found at https://www.icann.org/resources/pages/dndr-2012-02-25-en. Please take the time to familiarize yourself with this policy.
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted on the Registry
website at: https://www.verisign.com/en_US/channel-resources/become-a-registrar/verisign-domain-registrar/domain-registration/index.xhtml.
You are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole remedy is to cancel
your domain name registration by following the appropriate Registry policy
regarding such cancellation.
� .CH Domains: In the case of a ".ch" registration, the following terms and conditions
shall apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.nic.ch/terms/.
You are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole remedy is to cancel
your domain name registration by following the appropriate Registry policy
regarding such cancellation.
�
Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound
by the .ch Dispute Policy that is incorporated herein
and made a part of this Agreement by reference. The current version of the
Dispute Policy may be found at https://www.nic.ch/terms/disputes/.
Please take the time to familiarize yourself with this policy.
� .CN Domains: In the case of a ".cn" registration, the following terms and conditions
shall apply:
�
EPAG is an accredited
registrar with the China Internet Network Information Center.
�
"Registry" means the
China Internet Network Information Center, which is the authority responsible
for the administration of the national top-level domain of the People's
Republic of China and the Chinese domain name system;
�
"Registry Gateway"
means the service provided by the Registry Operator that facilitates the
registration of .cn domain names by registrars
operating outside of the People's Republic of China;
�
"Registry Operator"
means Neustar, Inc., the company authorized to
facilitate the registration of .cn domain names by
registrars operating outside of the People's Republic of China.
�
Restrictions. You agree that
you shall not register or use a domain name that is deemed by CNNIC to:
a.
be against the basic
principles prescribed in the Constitution of the People's Republic of China
("PRC");
b.
jeopardize national security,
leak state secrets, intend to overturn the government or disrupt the integrity
of the PRC;
c.
harm national honour and national interests of the PRC;
d.
instigate hostility or
discrimination between different nationalities or disrupt the national
solidarity of the PRC;
e.
spread rumours,
disturb public order or disrupt social stability of the PRC;
f.
spread pornography, obscenity,
gambling, violence, homicide, terror or instigate crimes in the PRC;
g.
insult, libel against others
and infringe other people's legal rights and interests in the PRC; or
h.
take any other action prohibited in laws, rules and administrative
regulations of the PRC.
�
Business or Organization
Representation. .cn domain name
registrations are intended for businesses and organizations and not for
individual use. By registering a .cn name, you
accordingly represent that you have registered the domain name on behalf or a
business or organization. It should be noted that,
although .cn policy is permissive in terms of
registration, and enforcement is generally in reaction to a complaint (as
opposed to proactive review), registrations that are not associated with an
organization or business may be subject to deletion. The foregoing prevents an
individual from registering a .cn domain name for a
business operating as a sole proprietorship.
�
Domain Name Disputes. You
acknowledge having read and understood and agree to be bound by the terms and
conditions of the CNNIC Domain Name Dispute Policy & Rules for CNNIC
Dispute Resolution Policy ("Dispute Policy"), as they may be amended
from time to time, which are hereby incorporated and made an integral part of
this Agreement. The Dispute Policy is currently found at:
http://cnnic.com.cn/IS/CNym/cnzcfg/201411/t20141117_50212.htm.
�
You acknowledge that, pursuant
to the Dispute Policy, Registrars must comply with all reasonable requests from
the applicable domain name dispute resolution institutions including the
provision of all relevant evidence in any domain name disputes in the specified
time frames.
�
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:
a.
we are directed to do so by
the judicial or administrative body, or
b.
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.
�
Adherence to Policies. You agree to comply with all
applicable laws, regulations and policies of the People's Republic of China's
governmental agencies and the China Internet Network Information Centre
("CNNIC"), including but not limited to the following rules and regulations:
a.
Regulations on the Protection
of the Olympic Logo: http://cnnic.com.cn/PublicS/fwzxxgzcfg/201208/t20120830_35752.htm
b.
CNNIC ccTLD
Dispute Resolution Policy Rules: http://cnnic.com.cn/IS/CNym/cnzcfg/201411/t20141117_50211.htm
c.
CNNIC ccTLD
Dispute Resolution Policy: http://cnnic.com.cn/IS/CNym/cnzcfg/201411/t20141117_50212.htm
d.
CNNIC Implementing Rules of
Domain Name Registration: http://cnnic.com.cn/PublicS/fwzxxgzcfg/201208/t20120830_35735.htm
e.
China Internet Domain Name
Regulations: http://cnnic.com.cn/PublicS/fwzxxgzcfg/201208/t20120830_35734.htm
�
You acknowledge that you have
read and understood and agree to be bound by the terms and conditions of the
policies of the CNNIC, as they may be amended from time to time.
�
Suspension and Cancellation.
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any EPAG, Registry Operator,
CNNIC or government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a CNNIC or government-adopted policy,
a.
to correct mistakes by a party
in registering the name,
b.
for the resolution of disputes
concerning the domain name,
c.
to protect the integrity and
stability of the registry,
d.
to comply with any applicable
laws, government rules or
e.
requests of law enforcement,
f.
to avoid any liability, civil
or criminal, on the part of EPAG, Registry Operator or CNNIC, as well as their
affiliates, subsidiaries, directors, representatives, employees and
stockholders or (6) for violations of this Agreement. EPAG, Registry Operator
and CNNIC also reserve the right to "freeze" a domain name during the
resolution of a dispute.
�
� Jurisdiction. For the adjudication of disputes concerning or arising
from use of the domain name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the courts:
a.
of the Registrant's domicile,
b.
where EPAG is located, and
c.
the People's Republic of China.
�
� Governing Law. For the adjudication of a dispute concerning or arising
from use of a .cn domain, such dispute will be governed under the Laws of the People's Republic of
China.
� �
.DE Domains: In
the case of a ".de" registration, the following terms and conditions
will apply:
�
of a Domain Name. You represent that:
a.
you have reviewed and have
accepted the Registry's Terms and Conditions and the Registry's Guidelines and
have provided your Reseller with written confirmation of same;
b.
either you, or the person
designated as the administrative contact for the domain name, shall be resident
or shall have a branch in Germany;
c.
to the
best of the your knowledge and belief, neither this registration of a domain
name nor the manner in which it is directly or indirectly to be used infringes
upon the legal rights of a third party and, further, that the domain name is
not being registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever.
�
Domain Name Disputes. You
agree that, if the registration or reservation of your domain
name is challenged by a third party, you will be subject to the
provisions specified by the Registry or any court of law. 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 specified by the Registry
or any court of law.
�
Registry Policies. You agree
to be bound by the Registry's Registration Terms and
Conditions and the Registration Guidelines. English language
translations of the Registry's documents are provided for
convenience; in the event of a discrepancy between the English and the German
language agreements, the terms of the German agreement will prevail. The
Registry documents may be found at:
a.
English:
-
Registration Terms and
Conditions: http://www.denic.de/en/bedingungen.html
-
Registration Guidelines: http://www.denic.de/en/denic-domain-guidelines.html
b. German:
- DENIC-Registrierungsbedingungen: http://www.denic.de/de/bedingungen.html
- DENIC-Registrierungsrichtlinien: http://www.denic.de/de/richtlinien.html
�
With regard to domain names
registered by DENIC, EPAG shall not instruct DENIC to delete a domain if the
Registrant does not agree to the deletion or the transfer of a domain name to a
third party. In this case, however, the client is obliged to pay domain
management fees directly to DENIC after the Agreement with EPAG has been ended.
� .EU Domains: In the case of a ".eu" registration, the following terms and conditions
will apply:
�
Eligibility Criteria. .eu domain names are available for registration to companies
and persons who fulfill the following criteria. As a condition of registration,
you accept the Terms and Conditions, available at https://eurid.eu/media/filer_public/f4/36/f4366fa9-186a-4674-9887-e525983c1c0b/terms_and_conditions_en.pdf, and accordingly represent that you are:
a.
an undertaking having its
registered office, central administration or principal place of business within
the European Community;
b.
an organization established
within the European Community without prejudice to the application of national
law, or
c.
a natural person resident within the European Community.
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website. Registration policies of the Registry and the
terms and conditions applicable to your .eu
registration may be found at: https://eurid.eu/en/about-us/document-repository/. You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry
policy regarding such cancellation.
�
As the holder of a �.eu� domain, you have the
ability to gain access to your personal data through the registry website �My.eu'. Alternatively, in
order to exercise your rights as data subject, you can submit an online data access
request (DAR) form on the registry�s public website.
�
Domain Name Disputes. You
agree that, if the registration or reservation of your domain
name is challenged by a third party, you will be subject to the
provisions specified by the Registry or any court of law.
� .ES Domains In the case of a ".es" registration, the following terms and conditions
will apply:
�
Registry Policies. You agree
to be bound by the Registry's Registration Terms and
Conditions and the Registration Guidelines. The Registry regulations may
be found at: http://www.dominios.es/dominios/en/todo-lo-que-necesitas-saber/normativa.
�
You hereby authorize EPAG to
act on your behalf in all operations related to the assignment and renewal of
�.es� domain names.
�
You must provide true and
up-to-date contact data, since it will be used by
Red.ES to communicate with the domain name beneficiaries. Any false data
supplied may result in the application being turned down
and, when appropriate, the cancellation of the domain name, which could then be
assigned to any other applicant with a right to it.
�
You agree that the personal
data provided to the Registrar are included in databases maintained by RED.ES
and that they will be kept as such in the terms required for the management of
the ".es" Domain Name Register, under the
terms established in the "Rules and Procedures for the ".es" DNS Domain Name Register".
�
You understand and accept that
the rights to access and rectification may be exercised
with EPAG at our office located in Germany. The rights to cancellation and
opposition may only be exercised subsequent to
forfeiting the requested domain name, since Red.es is required to process the
personal data to assign and renew the domain name.
� .FR, .ACQUITANE, .ALSACE Domains: In
the case of ".fr", ".acquitane", ".alsace"
registrations, the following terms and conditions will apply:
�
Representation of Registrant.
.fr, .acquitane, .alsace domain names are available for registration to
companies and persons who fulfill the following criteria. As a condition of
registration, you accordingly represent that you are: (A) A legal entity:
a.
whose head office is in
France; (or),
b.
which possess an address in
France which is expressly listed in the public electronic databases of the
registrars of the commercial courts or the National Statistical and Economic
Studies Institute (INSEE), (or),
c.
State institutions or
departments, local authorities or associated establishments, (or),
d.
which own a trademark registered with the National Intellectual Property
Institute or own a registered EU or international trademark which expressly
includes French territory.
�
Administrative Contact. Each
registrant must designate an administrative contact to act as a coordinator
between the registrant and the Registry. In the case of .fr
registrations, the administrative contact must be based
in France where it can receive legal and other documents.
�
Registry Policies. You agree
to be bound by the Registry's Naming Charter, its
registration rules for .fr. English language
translations of the Registry's documents are provided for convenience. The
Registry documents may be found at: http://www.afnic.fr/en/resources/reference/registry-policies/.
�
Domain Name Disputes. You
agree that, if the registration or reservation of your domain
name is challenged by a third party, you will be subject to the
provisions specified by the Registry or any court of law. The current .fr dispute resolution policy and
procedures can be found at http://www.afnic.fr/en/resources/reference/registry-policies/dispute-resolution-policy-5.html. 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 specified by the Registry or any court of law.
� .CORSICA : In the case of ".corsica" registrations, the following terms and
conditions will apply:
�
.corsica
domain names are available for registration to companies and persons who
fulfill the following criteria. As a condition of registration, you accordingly
meet at least one of the requirements:
a.
Legal entity in Corsica - A
company headquartered in Corsica or company having its head office outside
Corsica but a secondary establishment registered in Corsica.
b.
Individuals living in Corsica
- The applicant may be a French or foreign citizen with a physical address
valid on the territory of Corsica.
c.
Nexus to the .corsican community Diaspora and link to the Corsican
community - Any individual who has and will prove a direct or indirect link
attachment (economic, social, cultural,familial,
historical or otherwise) with Corsica.
d.
In addition to the criteria
stated above, the Registrant of a domain name in .corsica
is obliged, if he creates a website, to create and maintain in Corsican
language at least one page of its website in.corsica.
This Corsican language page will be registered on its
home page and be published at the latest, three months after the publication of
the website.
� .IT Domains: In the case of a
".it" registration, the following terms and conditions shall apply:
�
Registration Criteria.
Registration of an .it name is restricted to subjects belonging to a member
state of the European Union. Individuals and associations operating without a
VAT number or a fiscal code are limited to a single domain name registration.
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.nic.it/sites/default/files/docs/Regulation_assignation_v7.1.pdf. You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry
policy regarding such cancellation. Additional policies, including transfer
procedures and "netiquette" rules may be found
at http://www.nic.it/en/views/docs.
� .RIO : In the case of ".rio"
registrations, the following terms and conditions will apply:
�
A domain owner that loses eligibility
to a .rio domain is subject to termination of DNS
publication for the domain, and to domain removal, no matter domain expiration
date.
�
Two pre-configured nameservers are required
�
No trustee service allowed; abuse
can lead to the deletion of the domain name by the registry
�
Additional policies may be found at http://nic.rio/.
�
Names under this TLD are only
for usage by the city council of Rio. The .rio domain
owner needs to be either:
a.
Legal entity incorporated in
Brazil, with headquarters, branch, franchisee or licensee located in the city
of Rio de Janeiro, with active record in Cadastro
Nacional de Pessoa Jur�dica CNPJ of the Finance
Ministry.
b.
Individual with fixed address
in the city of Rio de Janeiro, with active record in Cadastro
de Pessoas F�sicas CPF of
the Finance Ministry.
� .NL Domains: In the case of a ".nl" registration, the following terms and conditions
shall apply:
�
Registration Criteria.
Registration of a .nl domain name is unrestricted
save and except that applicants who are not based in the Netherlands or who do
not have a registered address in the Netherlands must provide an address in the
Netherlands where written documents can be sent to the applicant and where legal
summonses can be served.
�
Registry Policies. You agree
to be bound by the policies of the Registry including
but not limited to the Registry's Registration Regulations. English language
translations of the Registry's documents are provided for convenience and may
be found at: https://www.sidn.nl/a/about-sidn/general-terms-and-conditions. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject
to the provisions specified by the Registry or any court of law. The current .nl dispute resolution policy and
procedures can be found at https://www.sidn.nl/downloads/procedures/Dispute%20Resolution%20Regulations%20for%20nl%20Domain%20Names.pdf. 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 specified by the Registry or any court of law.
� .TV Domains: In the case of a ".tv" registration, the following terms and conditions
will apply:
�
Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another Registrar, you agree to be bound
by the Dispute Policy that is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm.
Please take the time to familiarize yourself with this policy.
�
Policy. You agree that your
registration of the .tv domain name shall be subject
to suspension, cancellation, or transfer pursuant to any ICANN or government
adopted policy, or pursuant to any Registrar or registry procedure not
inconsistent with an ICANN or government-adopted policy,
a.
to correct mistakes by us or
the applicable Registry in registering the name or
b.
for the resolution of disputes concerning the domain name. You acknowledge
that you have reviewed the .tv General Terms of
Service which may be found at https://www.verisign.com/en_US/channel-resources/become-a-registrar/verisign-domain-registrar/domain-registration/index.xhtml and expressly agree to the terms outlined therein.
� .UK Domains: In the case of a .uk registration, the following terms and conditions will
apply:
�
"Nominet
UK" means the entity granted the exclusive right to administer the
registry for .uk domain name
registrations.
�
Registration Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.nominet.uk/resources/policy/policies-rules/.
You are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole remedy is to cancel
your domain name registration by following the appropriate Registry policy
regarding such cancellation.
�
Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute Policy may be found at: http://www.nominet.org.uk/disputes/.
Please take the time to familiarize yourself with this policy.
Nominet UK Policy. You agree that your registration
of the domain name shall be subject to suspension, cancellation, or transfer
pursuant to any Nominet UK-adopted policy, term or
condition, or pursuant to any registrar or registry procedure not inconsistent
with an Nominet UK-adopted policy,
a.
to correct mistakes by a
registrar or the registry in registering the name, or
b.
the resolution of disputes concerning the domain name. The current Nominet UK terms and conditions can be found at: http://www.nominet.org.uk/disputes/terms/
�
When you submit a request for
a domain name registration with EPAG and/or Reseller, you will be entering into
two contracts - one contract with EPAG and/or Reseller and one contract with Nominet UK. EPAG and your Reseller will act as agents on
your behalf by submitting your application to Nominet
for you, however, you will still be entering into a
direct contract between you and Nominet UK. This is a
separate contract from this agreement; may be found at
http://www.nominet.org.uk/nominet-terms. EPAG
and Reseller must also make you aware that by accepting Nominet's
terms and conditions you are consenting to Nominet
using your personal data for a variety of reasons. In particular, your name and
address may be published as part of Nominet's Whois look-up service,
located at http://www.nominet.org.uk/.
�
Transfer of Ownership. Any
transfer of ownership in and to a domain name registration shall be affected in
accordance with Nominet UK policies and procedures.
�
Complaints. EPAG responds to
complaints in no more than 5 days. You are also able to make a formal complaint
to Nominet (the .uk
registry) at http://www.nominet.uk/resources/complaints/.
�
Fees. EPAG charges Resellers
12.50 � incl. VAT for a 1 year registration. Reseller fees to Registrants may
differ.
� .US Domains: In the case of a
".us" registration, the following terms and conditions will apply:
�
"DOC" means the
United States of America Department of Commerce.
�
".us Nexus Requirement".
Only those individuals or organizations that have a substantive lawful
connection in the United States are permitted to
register for .usTLD domain names. Registrants in the
.usTLD must satisfy the nexus requirement
("Nexus" or "Nexus Requirements") set out at: http://www.neustar.us/the-ustld-nexus-requirements/.
�
Selection of a Domain Name.
You certify and represent that:
a.
You have and shall continue to
have, a bona fide presence in the United States on the basis of real and
substantial lawful contacts with, or lawful activities in, the United States as
defined in �us Nexus Requirement� hereinabove;
b.
The listed name servers are
located within the United States;
c.
The data provided in the domain
name registration application is true, correct, up to date and complete, and
that you will continue to keep all of the information provided correct,
up-to-date and complete;
d.
To the best of the your
knowledge and belief, neither this registration of a domain name nor the manner
in which it is directly or indirectly to be used infringes upon the legal
rights of a third party;
e.
That the domain name is not
being registered for nor shall it at any time whatsoever be used for any
unlawful purpose whatsoever;
f.
You have the authority to
enter into this Registration Agreement.
�
Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by the Dispute Policy
and the usDRP, as defined below,
that is incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with these policies.
�
Domain Name Disputes. You
acknowledge having read and understood and agree to be bound by the terms and
conditions of the following documents, as they may be amended from time to
time, which are hereby incorporated and made an integral part of this
Agreement:
a.
The Nexus Dispute Policy
("Dispute Policy), available at: http://www.about.us/policies.
The Dispute Policy will provide interested parties with an opportunity to
challenge a registration not complying with the Nexus Requirements.
b.
The usTLD
Dispute Resolution Policy ("usDRP")
available at: http://www.about.us/policies. The usDRP is intended to provide
interested parties with an opportunity to challenge a registration based on
alleged trademark infringement.
c.
In addition to the foregoing,
you agree that, for the adjudication of disputes concerning or arising from use
of the Registered Name, you shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts:
-
of your domicile,
-
EPAG is located, and
-
the United States.
�
Policy. You agree that your
registration of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any EPAG, Registry Operator, the DOC or
government-adopted policy, or pursuant to any registrar or registry procedure
not inconsistent with a DOC or government-adopted policy,
a.
to correct mistakes by us or
the applicable Registry in registering the name or
b.
for the resolution of disputes concerning the domain name. The Registry
Operator's policies can be found at http://www.about.us/policies.
�
Indemnity. The DOC shall be added to the parties you have agreed to indemnify
in Section 13 hereinabove.
�
Information. As part of the registration
process, you are required to provide us certain information and to update us
promptly as such information changes such that our records are current,
complete and accurate. You are obliged to provide us the following information:
a.
Your full name, postal
address, e-mail address and telephone number and fax number (if available) (or,
if different, that of the domain name holder);
b.
The domain name being
registered;
c.
The name, postal address,
e-mail address, and telephone number and fax number (if available) telephone
numbers of the administrative contact, the technical contact and the billing
contact for the domain name;
d.
The IP addresses and names of
the primary nameserver and any secondary nameserver(s) for the domain name;
�
In addition to the foregoing,
you will be required to provide additional Nexus Information. The Nexus
Information requirements are set out at http://www.about.us/policies.
Any other information, which we request from you at registration, is voluntary.
Any voluntary information we request is collected for the
purpose of improving the products and services offered to you through
your Reseller.
�
Disclosure and Use of the
Registration Information. You agree and acknowledge that we will make domain name registration information you provide available
to the DOC, to the Registry Operator, and to other third parties as applicable.
You further agree and acknowledge that we may make publicly available, or
directly available to third party vendors, some, or all, of the domain name
registration information you provide, for purposes of inspection (such as
through our Whois service) or other purposes as
required or permitted by the DOC and applicable laws.
You hereby consent to any and all such disclosures and use of information
provided by you in connection with the registration of a domain name (including
any updates to such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising
from such disclosure or use of your domain name registration information by us.
You may access your domain name registration information in our possession to
review, modify or update such information, by accessing our domain manager
service, or similar service, made available by us through your Reseller.
We will not process data about any identified or identifiable natural person
that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
� .ASIA Domains: In the case of a .asia registration, the
following terms apply:
�
The Registered Name
Holder/Registrant consents to the use, copying, distribution, publication,
modification and other processing of its Personal Data by DotAsia
Organisation Limited and its designees and agents in
a manner consistent with the purposes specified pursuant to the
Registry-Registrar Agreement and with relevant mandatory local data protection,
laws and privacy.
�
The Registered Name
Holder/Registrant agrees to correct and update the registration information for
the Registered Name immediately during the registration term for the Registered
Name.
�
In addition to the complying
with the Registrar's policies, the Registered Name Holder/Registrant* agrees to
comply with those ICANN requirements, standards, policies, procedures, and
practices for which the Registry Operator DotAsia Organisation Limited has monitoring responsibility in
accordance with the Registry Agreement or with other arrangements with ICANN.
�
The Registered Name
Holder/Registrant agrees to comply with all the operational standards,
policies, procedures, and practices for the .ASIA Registry as established from
time to time in a non-arbitrary manner by DotAsia Organisation Limited (".ASIA Registry Policies").
The Registered Name Holder/Registrant acknowledges that .ASIA Registry Policies
are applicable to all registrars and/or registered name holders/registrants.
Any changes of the .ASIA Registry Policies by the DotAsia
Organisation Limited that are consistent with the
Registry Agreement shall be effective upon thirty (30) days' notice by DotAsia Organisation Limited to
Registrar.
�
The
Registered Name Holder/Registrant further agrees to be bound by the terms and
conditions as set down by DotAsia Organisation
Limited during the initial launch and the general operations of the .ASIA TLD,
including without limitation its Start-Up Policies where such terms and
conditions include the submission to a binding arbitration for disputes arising
from the Start-Up process or any allocation of domain names.
�
The Registered Name
Holder/Registrant agrees to submit to proceedings commenced under ICANN's
Uniform Domain Name Dispute Resolution Policy ("UDRP") and to
proceedings commenced under ICANN's Charter Eligibility Dispute Resolution
Policy ("CEDRP"). The Registered Name
Holder/Registrant agrees to submit to proceedings commenced under other dispute
resolution policies as set forth by DotAsia Organisation Limited from time to time in the Registry
Policies, including but not limited to expedited processes for suspension of a
domain name by claims sought by intellectual property right holders, Internet
engineering and security experts or other competent claimants in the purpose of
upholding the stability, security and integrity of the .ASIA Registry.
�
The Registered Name
Holder/Registrant acknowledges and agrees to comply with the .ASIA Charter
Eligibility Requirement. The Registered Name
Holder/Registrant* acting as Registrant Contact represents and warrants that it
has made known to the Charter Eligibility Declaration Contact (the "CED
Contact"), and the CED Contact has agreed, that the Registrant Contact and
the CED Contact will jointly be defined as the Registered Name Holder, and that
it shall be jointly responsible for the Registered Name in the event of a
dispute or a challenge over the Registered Name Holder/Registrant's* legal
entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's
.ASIA Charter Eligibility Requirement Policy published from time to time.
Registered Name Holder/Registrant acting as Registrant Contact agrees that it
has obtained an agreement from the CED Contact that the Registrant Contact
shall remain the Operating Contact for all operations of the domain, including
but not limited to domain transfer and updates.
�
The
Registered Name Holder/Registrant agrees to indemnify, to the maximum extent
permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited 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 the Registered Name Holder's
domain name registration and or use. Notwithstanding
the other provisions in this Agreement, the Registered Name Holder agrees that
this indemnification obligation shall survive the termination or expiration of
this registration agreement.
�
The Registered Name
Holder/Registrant acknowledges and agrees that DotAsia
Organisation Limited and Registry Services Provider,
acting in consent with DotAsia Organisation
Limited, reserves the right to deny, cancel or transfer any registration that
it deems necessary, in its sole discretion:
a.
to protect the integrity
security, and stability of the registry;
b.
to comply with all appropriate
laws, government rules or requirements, requests of law enforcement, in
compliance with any dispute resolution process;
c.
to avoid any liability, civil
or criminal, on the part of DotAsia Organisation Limited as well as its affiliates,
subsidiaries, officers, directors, representatives, employees, and
stockholders;
d.
for violations of the terms
and conditions herein: or
e.
to correct mistakes made by DotAsia Organisation Limited, the Registry Services Provider or any
registrar in connection with a domain name registration. DotAsia
Organisation Limited also reserves the right to
freeze a Registered Name such as placing a domain name on hold, lock, or other
status during the resolution of a dispute.
�
Notwithstanding anything in
this Agreement to the contrary, DotAsia Organisation Limited, the Registry Operator of the .ASIA
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 DotAsia Organisation
Limited have vested and that it has relied on its third party beneficiary
rights under this Agreement in agreeing to EPAG being a registrar for the .ASIA
TLD. Additionally, the third party beneficiary rights of DotAsia
Organisation Limited shall survive any termination or
expiration of this Agreement.
�
The Registered Name
Holder/Registrant acknowledges that in the event of conflict between this
section of the Agreement and other sections of the same, this section shall
prevail.
�
For the adjudication of
disputes concerning or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts:
a.
of the Registrant's domicile,
and
b.
where EPAG is located, presently Bonn, Germany.
� .LI Domains: In the case of a .li
registration, the following terms and conditions shall apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at https://www.nic.ch/terms/.
You are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole remedy is to cancel
your domain name registration by following the appropriate Registry policy
regarding such cancellation.
�
Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound
by the .ch Dispute Policy that is incorporated herein
and made a part of this Agreement by reference. The current version of the
Dispute Policy may be found at https://www.nic.ch/terms/disputes. Please take the time to familiarize yourself with this policy.
� .ME Domains: In the case of a .me
registration, the following terms and conditions shall apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.nic.me/policies.
You are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole remedy is to cancel
your domain name registration by following the appropriate Registry policy
regarding such cancellation.
�
Domain Name Dispute Policy. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound
by the .me Dispute Policy that is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute Policy may be found at http://www.nic.me/policies. Please take the time
to familiarize yourself with this policy.
� .TEL Domains: In the case of a .tel registration, the following terms and conditions shall
apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.telnic.org/policies.
You are responsible for monitoring the Registry's site on a regular basis. In
the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole remedy is to cancel
your domain name registration by following the appropriate Registry policy
regarding such cancellation.
�
To the maximum extent
permitted by law, Registrant shall indemnify, defend and hold harmless
Registry, its service providers, subcontractors and their respective directors,
officers, employees, affiliates 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 the Registrant�s Domain Name. Such
indemnification shall survive any termination or expiration of the registration
agreement
�
Registrant consents to the
use, copying, distribution, publication, modification and other processing of
Domain Name Holder's Personal Data by Registry, its service providers,
subcontractors and agents in a manner consistent with Registry's posted privacy
policy, Registry's WHOIS policy and all other purposes of collection notified
to Registrar by Registry.
�
Submission to UDRP. Registrant
agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy
("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies are
subject to modification;
�
For the adjudication of
disputes concerning or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts:
a.
of the Registrant's domicile,
and
b.
where EPAG is located, presently Bonn, Germany.
� .MOBI Domains: In the case of a .mobi registration, the following terms and conditions shall
apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://dotmobi.mobi. You
are responsible for monitoring the Registry's site on a regular basis. In the
event that you do not wish to be bound by a revision
or modification to any Registry policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry policy regarding
such cancellation.
�
Submission to UDRP. Registrant
agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy
("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies are
subject to modification;
�
For the adjudication of
disputes concerning or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts:
a.
of the Registrant's domicile,
and
b.
where EPAG is located, presently Bonn, Germany.
� .IN Domains: In the case of a
".in" registration, the following terms and conditions shall apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at https://registry.in/Policies. You
are responsible for monitoring the Registry's site on a regular basis. In the event
that you do not wish to be bound by a revision or
modification to any Registry policy, your sole remedy is to cancel your domain
name registration by following the appropriate Registry policy regarding such
cancellation.
� .BZ Domains: In the case of a ".bz" registration, the following terms and conditions
shall apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.afilias-grs.info/bz-belize. You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry
policy regarding such cancellation.
� .WS Domains: In the case of a ".ws" registration, the following terms and conditions
shall apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.worldsite.ws/legal/index.dhtml?url=worldsite.ws. You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry
policy regarding such cancellation.
� .CO and .COM.CO, .NET.CO, .NOM.CO Domains: In
the case of a ".com.co" or ".net.co" or ".nom.co"
registration, the following terms and conditions shall apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.go.co. You are responsible for
monitoring the Registry's site on a regular basis. In the event that you do not
wish to be bound by a revision or modification to any
Registry policy, your sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such cancellation.
� .COM.AU, .NET.AU, .ORG.AU, .ASN.AU, .ID.AU Domains: In the case of a .com.au, .net.au, .org.au, .asn.au, .id.au
registration, the following terms and conditions shall apply:
�
auDA AND REGISTRAR'S AGENCY: In
this agreement, auDA means .au Domain Administration
Limited ACN079 009 340, the .au domain names administrator.
�
The Registrar acts as agent
for auDA for the sole purpose, but only to the extent
necessary to enable auDA to receive the benefit of
rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this
agreement.
�
auDA PUBLISHED POLICY:
a.
In this clause, auDA Published Policies means those specifications and
policies established and published by auDA from time
to time at https://www.auda.org.au/policies/.
b.
Registrant must comply with
all auDA Published Policies, as if they were incorporated into, and form part of, this agreement. In
the event of any inconsistency between any auDA
Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of
such inconsistency.
�
� Registrant acknowledges that under the auDA
Published Policies:
a.
There are mandatory terms and
conditions that apply to all domain names licenses, and such terms and
conditions are incorporated into, and form part of, this agreement; and
b.
Registrant is bound by, and
must submit to, the .au Dispute Resolution Policy; and (3) auDA
may delete or cancel the registration of a .au domain
name.
�
auDA'S LIABILITIES AND INDEMNITY:
a.
To the
fullest extent permitted by law, auDA will not be
liable to Registrant for any direct, indirect, consequential, special, punitive
or exemplary losses or damages of any kind (including, without limitation, loss
of use, loss or profit, loss or corruption of data, business interruption or
indirect costs) suffered by Registrant arising from, as a result of, or
otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
b.
Registrant agrees to
indemnify, keep indemnified and hold auDA, its
employees, agents and contractors harmless from all and any claims or
liabilities, arising from, as a result of, or otherwise in connection with,
Registrant's registration or use of its .au domain name.
c.
Nothing in this document is intended to exclude the operation of Trade Practices Act
1974.
� .XXX, .PORN, .ADULT, .SEX Domains: In
the case of a .XXX, .PORN, .ADULT, .SEX registration, the following terms and
conditions shall apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://icmregistry.com/policies/registry-registrant-agreement/
and http://nic.porn/about/policies/. You are responsible for monitoring the
Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry
policy, your sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such cancellation.
�
Submission to UDRP. Registrant
agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy
("UDRP") (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies are
subject to modification;
�
For the adjudication of disputes
concerning or arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts:
a.
of the Registrant's domicile,
and
b.
where EPAG is located, presently Bonn, Germany.
� .PRO Domains: In the case of a .PRO
registration, the following terms and conditions shall apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted on the Registry
website at http://www.registry.pro/legal/user-terms
You are responsible for monitoring the Registry's site
on a regular basis. In the event that you do not wish to be
bound by a revision or modification to any Registry policy, your sole
remedy is to cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation.
�
Submission to UDRP. Registrant
agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy
(.UDRP.) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the
requirements set forth by the Registry; these policies are subject to
modification;
�
For the adjudication of
disputes concerning or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts:
a.
of the Registrant's domicile,
and
b.
where EPAG is located, presently Bonn, Germany.
� .DK Domains: In the case of a .DK
registration, the following terms and conditions shall apply:
�
Registry Policy. The
registration of a .DK domain name takes place with the registry operator, DK Hostmaster. You acknowledge and understand that by accepting
the terms and conditions of this agreement you shall be bound by Registry
policies and any pertinent rules or policies that exist now or in the future
and which are posted on the Registry website at https://www.dk-hostmaster.dk/english/laws-conditions/
�
You are aware of your rights
under the Danish Consumer Contracts Act:
https://www.consumereurope.dk/menu/laws/danish-laws/the-danish-consumer-contracts-act/
�
Personal Privacy Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by the DK Hostmaster
Personal Privacy Policy posted on the Registry website at
https://www.dk-hostmaster.dk/en/about_privacy-policy
�
You are responsible for
monitoring the Registry's site on a regular basis. In the event that you do not
wish to be bound by a revision or modification to any
Registry policy, your sole remedy is to cancel your domain name registration by
following the appropriate Registry policy regarding such cancellation.
�
Information submitted by you is registered by the registry operator DK Hostmaster and will be used for administering the .dk top-level domain.
�
You agree to allow EPAG to
make a payment for a domain registration/renewal/transfer on your behalf.
�
You have the right to change
the billing contact or proxy and to pay the registry, DK Hostmaster,
directly.
�
You can contact DK Hostmaster directly at the address below:
DK Hostmaster A/S
�restads Boulevard 108, 11th floor
DK-2300 Copenhagen S
�
You have the right to, at any time, change your Registrar, DNS and Zone Contact.
�
Your e-mail address must not
be related to the Domain Name to be Registered and
must be an e-mail address that is under your control. It is your responsibility
to ensure that the e-mail address stated is valid.
�
For the adjudication of
disputes concerning or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts:
a.
of the Registrant�s domicile,
and
b.
where EPAG is located, presently Bonn, Germany.
� .SK Domains: In the case of a .SK
registration, the following terms and conditions shall apply:
�
Registry Policy. You
acknowledge and understand that by accepting the terms and conditions of this
agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at https://sk-nic.sk/en/rules/ . You are responsible for monitoring the Registry's site on a regular
basis. In the event that you do not wish to be bound
by a revision or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate Registry
policy regarding such cancellation.
� .ACADEMY, .ACCOUNTANTS, .ACTOR, .AGENCY, .AIRFORCE,
.APARTMENTS, .ARMY, .ASSOCIATES, .AUCTION, .BAND, .BARGAINS, .BIKE, .BINGO,
.BOUTIQUE, .BUILDERS, .BUSINESS, .CAB, .CAFE, .CAMERA, .CAMP, .CAPITAL, .CARDS,
.CARE, .CAREERS, .CASH, .CASINO, .CATERING, .CENTER, .CHAT, .CHEAP, .CHURCH,
.CITY, .CLAIMS, .CLEANING, .CLINIC, .CLOTHING, .COACH, .CODES, .COFFEE,
.COMMUNITY, .COMPANY, .COMPUTER, .CONDOS, .CONSTRUCTION, .CONSULTING,
.CONTRACTORS, .COOL, .COUPONS, .CREDIT, .CREDITCARD, .CRUISES, .DANCE, .DATING,
.DEALS, .DEGREE, .DELIVERY, .DEMOCRAT, .DENTAL, .DIAMONDS, .DIGITAL, .DIRECT,
.DIRECTORY, .DISCOUNT, .DOCTOR, .DOG, .DOMAINS, .EDUCATION, .EMAIL, .ENERGY,
.ENGINEER, .ENGINEERING, .ENTERPRISES, .EQUIPMENT, .ESTATE, .EVENTS, .EXCHANGE,
.EXPERT, .EXPOSED, .EXPRESS, .FAIL, .FAMILY, .FARM, .FINANCE, .FINANCIAL,
.FISH, .FITNESS, .FLIGHTS, .FLORIST, .FOOTBALL, .FORSALE, .FOUNDATION, .FUND,
.FURNITURE, .FUTBOL, .FYI, .GALLERY, .GAMES, .GIFTS, .GIVES, .GLASS, .GMBH,
.GOLD, .GOLF, .GRAPHICS, .GRATIS, .GRIPE, .GROUP, .GUIDE, .GURU, .HAUS,
.HEALTHCARE, .HOCKEY, .HOLDINGS, .HOLIDAY, .HOSPITAL, .HOUSE, .IMMO,
.IMMOBILIEN, .INDUSTRIES, .INSTITUTE, .INSURE, .INTERNATIONAL, .INVESTMENTS,
.IRISH, .JETZT, .JEWELRY, .KAUFEN, .KITCHEN, .LAND, .LEASE, .LEGAL, .LIFE,
.LIGHTING, .LIMITED, .LIMO, .LIVE, .LOANS, .LTD, .MAISON, .MANAGEMENT, .MARKET,
.MARKETING, .MBA, .MEDIA, .MEMORIAL, .MODA, .MONEY, .MORTGAGE, .MOVIE, .NAVY,
.NETWORK, .NEWS, .NINJA, .PARTNERS, .PARTS, .PHOTOGRAPHY, .PHOTOS, .PICTURES,
.PIZZA, .PLACE, .PLUMBING, .PLUS, .PRODUCTIONS, .PROPERTIES, .PUB, .RECIPES,
.REHAB, .REISE, .REISEN, .RENTALS, .REPAIR, .REPORT, .RESTAURANT, .REVIEWS,
.RIP, .ROCKS, .RUN, .SALE, .SALON, .SARL, .SCHOOL, .SCHULE, .SERVICES, .SHOES,
.SHOPPING, .SHOW, .SINGLES, .SOCCER, .SOCIAL, .SOFTWARE, .SOLAR, .SOLUTIONS,
.STUDIO, .STYLE, .SUPPLIES, .SUPPLY, .SUPPORT, .SURGERY, .SYSTEMS, .TAX, .TAXI,
.TEAM, .TECHNOLOGY, .TENNIS, .THEATER, .TIENDA, .TIPS, .TIRES, .TODAY, .TOOLS,
.TOURS, .TOWN, .TOYS, .TRAINING, .TRAVEL, .UNIVERSITY, .VACATIONS, .VENTURES,
.VET, .VIAJES, .VIDEO, .VILLAS, .VIN, .VISION, .VOYAGE, .WATCH, .WINE, .WORKS,
.WORLD, .WTF, .ZONE: In the case of a .ACADEMY,
.ACCOUNTANTS, .ACTOR, .AGENCY, .AIRFORCE, .APARTMENTS, .ARMY, .ASSOCIATES,
.AUCTION, .BAND, .BARGAINS, .BIKE, .BINGO, .BOUTIQUE, .BUILDERS, .BUSINESS,
.CAB, .CAFE, .CAMERA, .CAMP, .CAPITAL, .CARDS, .CARE, .CAREERS, .CASH, .CASINO,
.CATERING, .CENTER, .CHAT, .CHEAP, .CHURCH, .CITY, .CLAIMS, .CLEANING, .CLINIC,
.CLOTHING, .COACH, .CODES, .COFFEE, .COMMUNITY, .COMPANY, .COMPUTER, .CONDOS,
.CONSTRUCTION, .CONSULTING, .CONTRACTORS, .COOL, .COUPONS, .CREDIT,
.CREDITCARD, .CRUISES, .DANCE, .DATING, .DEALS, .DEGREE, .DELIVERY, .DEMOCRAT,
.DENTAL, .DIAMONDS, .DIGITAL, .DIRECT, .DIRECTORY, .DISCOUNT, .DOCTOR, .DOG,
.DOMAINS, .EDUCATION, .EMAIL, .ENERGY, .ENGINEER, .ENGINEERING, .ENTERPRISES,
.EQUIPMENT, .ESTATE, .EVENTS, .EXCHANGE, .EXPERT, .EXPOSED, .EXPRESS, .FAIL,
.FAMILY, .FARM, .FINANCE, .FINANCIAL, .FISH, .FITNESS, .FLIGHTS, .FLORIST,
.FOOTBALL, .FORSALE, .FOUNDATION, .FUND, .FURNITURE, .FUTBOL, .FYI, .GALLERY,
.GAMES, .GIFTS, .GIVES, .GLASS, .GMBH, .GOLD, .GOLF, .GRAPHICS, .GRATIS,
.GRIPE, .GROUP, .GUIDE, .GURU, .HAUS, .HEALTHCARE, .HOCKEY, .HOLDINGS,
.HOLIDAY, .HOSPITAL, .HOUSE, .IMMO, .IMMOBILIEN, .INDUSTRIES, .INSTITUTE,
.INSURE, .INTERNATIONAL, .INVESTMENTS, .IRISH, .JETZT, .JEWELRY, .KAUFEN,
.KITCHEN, .LAND, .LEASE, .LEGAL, .LIFE, .LIGHTING, .LIMITED, .LIMO, .LIVE,
.LOANS, .LTD, .MAISON, .MANAGEMENT, .MARKET, .MARKETING, .MBA, .MEDIA,
.MEMORIAL, .MODA, .MONEY, .MORTGAGE, .MOVIE, .NAVY, .NETWORK, .NEWS, .NINJA,
.PARTNERS, .PARTS, .PHOTOGRAPHY, .PHOTOS, .PICTURES, .PIZZA, .PLACE, .PLUMBING,
.PLUS, .PRODUCTIONS, .PROPERTIES, .PUB, .RECIPES, .REHAB, .REISE, .REISEN, .RENTALS,
.REPAIR, .REPORT, .RESTAURANT, .REVIEWS, .RIP, .ROCKS, .RUN, .SALE, .SALON,
.SARL, .SCHOOL, .SCHULE, .SERVICES, .SHOES, .SHOPPING, .SHOW, .SINGLES,
.SOCCER, .SOCIAL, .SOFTWARE, .SOLAR, .SOLUTIONS, .STUDIO, .STYLE, .SUPPLIES,
.SUPPLY, .SUPPORT, .SURGERY, .SYSTEMS, .TAX, .TAXI, .TEAM, .TECHNOLOGY,
.TENNIS, .THEATER, .TIENDA, .TIPS, .TIRES, .TODAY, .TOOLS, .TOURS, .TOWN,
.TOYS, .TRAINING, .TRAVEL, .UNIVERSITY, .VACATIONS, .VENTURES, .VET, .VIAJES,
.VIDEO, .VILLAS, .VIN, .VISION, .VOYAGE, .WATCH, .WINE, .WORKS, .WORLD, .WTF,
.ZONE registration, the following conditions apply:
�
You agree to the Donuts Inc.
Acceptable Use and Anti-Abuse Policy, located at https://donuts.domains/about/policies/.
�
Where Customer registers a
block with the Basic Conditions for Domains Protected Marks List (DPML),
Customer agrees to the Terms and Conditions of the DPML, which can be viewed at: https://www.donuts.domains/services/dpml/dpml-overview/.
�
You acknowledge that TLDs offered
by Donuts Inc. will have non-uniform renewal registration pricing, such that
the fee for a domain name registration renewal may
differ from other domain names in the same or other Donuts TLDs.
� .TATTOO, .SEXY, .GUITARS, .LINK, .GIFT, .PICS, .PHOTO, .CHRISTMAS,
.BLACKFRIDAY, .CLICK, .DIET, .HELP, .DIET, .HIPHOP, .JUEGOS, .FLOWERS, .LOL,
.GAME, .HIV Domains: In the case of a .TATTOO,
.SEXY, .GUITARS, .LINK, .GIFT, .PICS, .PHOTO, .CHRISTMAS, .BLACKFRIDAY, .CLICK,
.DIET, .HELP, .DIET, .HIPHOP, .JUEGOS, .FLOWERS, .LOL, .GAME, .HIV
registration, the following conditions apply:
�
You agree to the Uniregistry Inc. Acceptable Use and Anti-Abuse Policy,
located at https://uniregistry.link/registry-policies/?file=1449
�
You acknowledge that TLDs
offered by Uniregistry Inc. will have non-uniform
renewal registration pricing, such that the fee for a domain
name registration renewal may differ from other domain names in the same
or other Uniregistry TLDs.
� .DIET, .HIPHOP, .JUEGOS Domains: In
the case of a .DIET, .HIPHOP, .JUEGOS registration, the following additional
conditions apply:
�
The registrant will abide by
all applicable laws regarding privacy, data collection, consumer protection
(including in relation to misleading and deceptive conduct), fair lending, debt
collection, organic farming, disclosure of data, and financial disclosures.
�
The registrant further agrees
that if it collects or maintains sensitive health and financial data that it
will implement reasonable and appropriate security measures commensurate with
the offering of those services, as defined by applicable law.
� .SEXY Domains: In the case of a .SEXY
registration, the following additional conditions apply:
�
The Registrant shall NOT
permit content unsuitable for viewing by a minor to be viewed
from the main or top-level directory of a .SEXY domain name. For purposes of
clarity, content viewed at the main or top-level directory of a .SEXY domain
name is the content immediately visible if a user navigates to
http://example.sexy or http://www.example.sexy. No restrictions apply to the
content at any other page or subdirectory addressed by a .SEXY Registered Name.
�
For the purposes of these
additional conditions, the term "content unsuitable for viewing by a
minor" means any communication, consisting of nudity, sex, or excretion,
that, taken as a whole and with reference to its context�
a.
predominantly appeals to a
prurient interest;
b.
is patently offensive to prevailing standards in the adult community as a
whole with respect to what is suitable material for minors; and
lacks serious literary, artistic, political, or scientific value.
c.
For the purposes of these
additional conditions, the term "sex" means acts of masturbation,
sexual intercourse, or physical contact with a person's genitals, or the
condition of human male or female genitals when in a state of sexual
stimulation or arousal; and "minor" means a person who has not
attained the age of 13.
� .FISHING, .VODKA, .RODEO, .COOKING, .HORSE, .COUNTRY, .BAYERN, .BEER,
.SURF, .CASA, .YOGA, .WORK, .FASHION, .WEDDING, .GARDEN, .FIT, .NRW, .MIAMI,
.LAW, .ABOGADO Domains: In the case of a .FISHING, .VODKA,
.RODEO, .COOKING, .HORSE, .COUNTRY, .BAYERN, .BEER, .SURF, .CASA, .YOGA, .WORK,
.FASHION, .WEDDING, .GARDEN, .FIT, .NRW, .MIAMI, .LAW, .ABOGADO registration,
the following conditions apply:
�
You agree to the Minds +
Machines Inc. Acceptable Use and Anti-Abuse Policy, located at https://mmx.co/policies/.
�
You acknowledge that TLDs
offered by Minds + Machines Inc. will have non-uniform renewal registration
pricing, such that the fee for a domain name registration renewal may differ
from other domain names in the same or other Minds + Machines TLDs.
�
.BAYERN Domains: In the case of a .BAYERN
registration, you agree to the .BAYERN Minds + Machines Inc. policies located
at http://nic.bayern/die-bayern-domain-en-gb/guidelines/.
�
.NRW Domains: In the case of a .NRW registration, the following additional conditions
apply:
a.
You agree to additional
acceptable use policies located at http://nic.nrw/die-nrw-domain/richtlinien/.
b.
Registrants of .NRW domains in
Sunrise and General Availability must be:
-
Individuals with residence in
the postal code area of the federal state of North Rhine-Westphalia; or
-
Individuals that have a place
of business in connection with self-employment or freelance work in the postal
code area of the federal state of North Rhine-Westphalia; or
-
Entities that have place of
business in the postal code area of the federal state of North
Rhine-Westphalia.
�
.LAW, .ABOGADO Domains: In the case of .LAW, .ABOGADO registrations, the following additional
conditions apply:
a.
Registrant Validation, Data,
and Restriction. Registration in the .law and .abogado
TLDs is restricted to accredited lawyers as validated by an agent, which shall be appointed from time to time by the Registry
(Validation Agent). Registrar must capture additional data as necessary to
facilitate validation (Validation Data).
b.
Validation Data must be provided as requested from time to time by the
Registry. Registrar must pay the non-refundable Validation Fee (see section
below). Registrar must require that Registrant certify, prior to check out or
collection of any registration fees, that Registrant is qualified to register
the domain and that all provided information is true and accurate.
-
Registrar must display to
Registrant terms to the effect that providing false information may lead to the
deletion of their registration on all Registry TLDs including, but not limited
to, .law and .abogado. Failure to maintain
accreditation may result in cancellation of registration; no refunds will be
granted outside the add grace or renewal grace periods. Validation may occur
for each registration year. Registry may periodically re-verify accreditation
at no additional cost to the Registrar. Disputes regarding
validation will be handled by the Registry and Registrar agrees to
submit such disputes immediately to the Registry for determination.
-
The applicant must provide the
Qualified Lawyer information:
i. Their full name as the applicant, as recorded with their regulator
ii. official name of the accreditation body (e.g., The State Bar of
California);
iii. the accreditation year;
iv.
the applicants accreditation
ID number;
v.
and the accreditation jurisdiction: country and state, province, or
district, as applicable.
� .BERLIN Domains: In the case of a .BERLIN
registration, the following conditions apply:
�
You agree to the dotBERLIN GmbH & Co. Registration and Anti-Abuse
Policy, located at http://nic.berlin/de/berlin-policies/
�
.RUHR Domains: In the case of a .RUHR registration, the following conditions apply:
�
You agree to the regiodot GmbH & Co. Registration and Anti-Abuse Policy,
located at https://www.dot.ruhr/registrierungsrichtlinien/
� .WIEN Domains: In the case of a .WIEN
registration, the following conditions apply:
�
You agree to the punkt.wien GmbH Registration and Anti-Abuse Policy, located
at https://www.nic.wien/de/wien/policies
�
You agree that you are
prohibited Prohibiting from distributing malware, abusively operating botnets,
phishing, piracy, trademark or copyright infringement, fraudulent or deceptive
practices, counterfeiting or otherwise engaging in activity contrary to
applicable law, and that (consistent with applicable law and any related
procedures) consequences for such activities include suspension of the
respective domain name.
� .KIM, .PINK, .RED, .BLUE, .BLACK, .GLOBAL, .MEET, .LTDA, .POKER, .LGBT,
.GREEN, .SRL, .SKI, .ARCHI, .BIO Domains: In
the case of a .KIM, .PINK, .RED, .BLUE, .BLACK, .GLOBAL, .MEET, .LTDA, .POKER,
.LGBT, .GREEN .SRL, .SKI, .ARCHI, .BIO registration, the following conditions
apply:
�
You agree to the Afilias Inc. Acceptable Use and Anti-Abuse Policy, located
at https://www.afilias.info/de/node/2936
�
You acknowledge that TLDs offered
by Afilias Inc. will have non-uniform renewal
registration pricing, such that the fee for a domain name
registration renewal may differ from other domain names in the same or
other Afilias TLDs.
�
.POKER Domains: In the case of a .POKER registration, the following additional
conditions apply:
a.
Registrants of .POKER domains
must:
-
comply with all applicable
laws, including those that relate to privacy, data collection, consumer
protection (including in relation to misleading and deceptive conduct), fair
lending, debt collection, disclosure of data, and financial disclosures;
-
implement reasonable and
appropriate security measures commensurate with the collection and maintenance
of financial data, as defined by applicable law;
-
provide administrative contact information, which must be kept up-to-date, for
the notification of complaints or reports of registration abuse, as well as the
contact details of the relevant regulatory, or industry self-regulatory, bodies
in their main place of business.
�
.LGBT Domains: In the case of a .LGBT registration, the following additional
conditions apply:
a.
You agree to additional
acceptable use policies located at http://get.lgbt/LGBTAUP.
�
.GREEN Domains: In the case of a .GREEN registration, the following additional
conditions apply:
a.
You agree to additional
acceptable use policies located at http://get.green/about/afilias-anti-abuse-policy.
�
.SRL Domains: In the case of a .SRL registration, the following additional conditions
apply:
a.
Only companies that are
registered as SRL qualify to be a Registrant of an
.SRL domain name. Such registration must be granted by a governmental body, or
an organization authorized by a governmental body to issue such registration. If at any time during the term of registration of a Registered Name
a Registrant shall no longer meet the requirements of the Eligibility Policy, then,
in addition to any other rights of InterNetX existing
under the Registry Registrar Agreement (RRA) between InterNetX
and any applicable Registrar or otherwise, InterNetX
reserves the right to deny or cancel the registration, renewal, or transfer of
any Registered Name, or to place any Registered Name on registry lock, hold, or
similar status, with respect to any such Registered Name that InterNetX, upon reasonable belief formed after reason-able
investigation, deems to be registered to a Registrant that is not in compliance
with the Eligibility Policy.
� .CLUB Domains: In the case of a .CLUB
registration, the following conditions apply:
�
You agree to the DotCLUB DOMAINS Registration and Anti-Abuse Policy, located
at http://nic.club/Terms/
� .UNO Domains: In the case of a .UNO
registration, the following conditions apply:
�
You agree to the DotLatin LLC Registration and Anti-Abuse Policy, located at
http://nic.uno/policy/Acceptable-Use-and-Anti-Abuse-Policy.pdf
� .BUZZ Domains: In the case of a .BUZZ
registration, the following conditions apply:
�
You agree to the Dot Strategy
Co., Registration and Anti-Abuse Policy, located at http://get.buzz/about-us/terms-of-service-tos/
� .NYC Domains: In the case of a .NYC
registration, the following conditions apply:
�
You agree to the City of New
York's Registration and Anti-Abuse Policy, located at http://www.nic.nyc/policies/
� .MOE Domains: In the case of a .MOE
registration, the following conditions apply:
�
You agree to the Interlink Co.
Registration and Anti-Abuse Policy, located at http://nic.moe/en/legal/
� .BUILD Domains: In the case of a .BUILD
registration, the following conditions apply:
�
You agree to the Plan Bee LLC.
Acceptable Use and Anti-Abuse Policy, located at http://nic.build/#documents
� .LUXURY Domains: In the case of a .LUXURY
registration, the following conditions apply:
�
You agree to the Luxury
Partners LLC. Acceptable Use and Anti-Abuse Policy, located at http://nic.luxury/#documents
� .MENU Domains: In the case of a .MENU
registration, the following conditions apply:
�
You agree to the Wedding TLD2
LLC, Acceptable Use and Anti-Abuse Policy, located at http://nic.menu/#documents
� .WIKI, .INK, .DESIGN Domains: In
the case of a .WIKI, .INK, .DESIGN registration, the following conditions
apply:
�
You agree to the Top Level
Design, LLC Acceptable Use and Anti-Abuse Policy, located at http://toplevel.design/policy/
� .XYZ, .COLLEGE, .RENT, SECURITY, PROTECTION, THEATRE Domains: In the case of a .XYZ, .COLLEGE, .RENT, SECURITY, PROTECTION, THEATRE
registration, the following conditions apply:
�
You agree to the xyz.com LLC,
Terms and Conditions, located at http://nic.xyz/termsandconditions
�
You agree to the xyz.com LLC,
Launch Policies, located at:
a.
.XYZ:
http://nic.xyz/xyzLaunchPolicies_v1.03.pdf
b.
.COLLEGE: http://nic.college/files/registry-launch-policies.pdf
c.
.RENT: http://nic.rent/files/rent-policies.pdf
d.
.SECURITY: https://nic.security/files/security-protection-policies.pdf
e.
.PROTECTION: https://nic.protection/files/security-protection-policies.pdf
f.
.THEATRE: http://nic.theatre/files/theatre-policies.pdf
� .BAR, .REST Domains: In the case of a .BAR, .REST
registration, the following conditions apply:
�
You agree to the Punto 2012
S.A.P.I. de CV, Acceptable Use and Anti-Abuse Policy, located at http://www.register.bar/policies/
� .FANS Domains: In the case of a .FANS
registration, the following conditions apply:
�
You agree to the dotfans Terms and Conditions, located at http://dotfans.com/about-us/terms/
� .LOVE Domains: In the case of a .LOVE
registration, the following conditions apply:
�
You agree to the getdotlove Terms and Conditions, located at http://get.love/
� .HOST, .PRESS, .WEBSITE, .SPACE, .SITE, .TECH, .FUN Domains: In the case of a .HOST, .PRESS, .WEBSITE, .SPACE, .SITE, .TECH, .FUN
registration, the following conditions apply:
�
You agree to the Radix
Acceptable Use and Anti-Abuse Policy, located at http://radixregistry.com/policies/our-experience.php
� .BID, .TRADE, .WEBCAM, .PARTY, .SCIENCE, .CRICKET, .REVIEW, .FAITH,
.DATE, .MEN, .ACCOUNTANT, .DOWNLOAD, .LOAN, .RACING, .WIN, .STREAM Domains: In the case of a .BID, .TRADE, .WEBCAM, .PARTY, .SCIENCE, .CRICKET,
.REVIEW, .FAITH, .DATE, .MEN, .ACCOUNTANT, .DOWNLOAD, .LOAN, .RACING, .WIN,
.STREAM registration, the following conditions apply:
�
You agree to the Famous Four
Media Limited Use and Anti-Abuse Policy, located at:
a.
.BID: http://nic.bid/resources.html
b.
.TRADE: http://nic.trade/resources.html
c.
.WEBCAM: http://nic.webcam/resources.html
d.
.PARTY: http://nic.party/resources.html
e.
.SCIENCE: http://nic.science/resources.html
f.
.CRICKET: http://nic.cricket/resources.html
g.
.REVIEW: http://nic.review/resources.html
h.
.FAITH: http://nic.faith/resources.html
i.
.DATE: http://nic.date/resources.html
j.
.MEN: http://nic.date/resources.html
k.
.ACCOUNTANT: http://nic.accountant/resources.html
l.
.DOWNLOAD: http://nic.download/resources.html
m.
.LOAN: http://nic.loan/resources.html
n.
.RACING: http://nic.racing/resources.html
o.
.WIN: http://nic.win/resources.html
p.
.STREAM: http://nic.stream/resources.html�
� .SOY, .HOW Domains: In the case of a .SOY, .HOW
registration, the following conditions apply:
�
You agree to the Google Inc, Charleston Road Registry Inc
Policies located at http://www.googleregistry.co, http://www.google.com/registry/policies/domainabuse/, and https://www.google.com/registry/privacy.html
� .CYMRU, .WALES Domains: In the case of a
.CYMRU, .WALES registration, the following conditions apply:
�
You agree to the Nominet UK Policies located at http://ourhomeonline.wales/about-us/policy
� .PARIS Domains: In the case of a .PARIS
registration, the following conditions apply:
�
You agree to the City of
Paris' Policies located at http://bienvenue.paris/en/politique-de-registre-du-paris/
� .TIROL Domains: In the case of a .TIROL
registration, the following conditions apply:
�
You agree to the Tirol GmbH's
Policies located at http://www.nic.tirol/ueber-uns/policies/
� .PHYSIO Domains: In the case of a .PHYSIO
registration, the following conditions apply:
�
You agree to the ARI Registry
Services Policies located at http://nic.physio/#documents
� .ONE Domains: In the case of a .ONE
registration, the following conditions apply:
�
You agree to One Registry's
Policies located at http://nic.one/policies/
� .ATTORNEY, .LAWYER, .DENTIST Domains: In
the case of an .ATTORNEY, .LAWYER, .DENTIST registration, as a highly regulated
TLD, the following conditions apply:
�
You agree to the Rightside Inc. Acceptable Use and Anti-Abuse Policy,
located at http://rightside.co/registry/for-registrars/#c290
�
You acknowledge that TLDs
offered by Rightside Inc. will have non-uniform renewal
registration pricing, such that the fee for a domain name
registration renewal may differ from other domain names in the same or
other Rightside TLDs.
�
You must comply with all
applicable laws, including laws relating to privacy, data collection, consumer
protection (including in relation to misleading and deceptive conduct) and
applicable consumer laws in respect of fair lending, debt collection, organic
farming (if applicable), disclosure of data and financial regulations;
�
You must acknowledge and agree
that any collection and use of sensitive health and financial data must
implement reasonable and appropriate security measures commensurate with the
offering of those services, as defined by applicable laws.
�
You must provide
administrative contact information, which must be kept
up-to-date, for the notification of complaints or reports of registration
abuse, as well as the contact details of the relevant regulatory, or industry
self-regulatory, bodies in your main place of business.
�
You must represent that you
possesses any necessary authorizations, charters, licenses and/or other related
credentials for participation in the sector associated with this highly
regulated TLD.
�
You must report any material
changes to the validity of your authorizations, charters licenses and/or other
related credentials for participation in the sector associated with this highly
regulated TLD to ensure you continue to conform to the appropriate regulations
and licensing requirements and generally conduct activities in the interests of
the consumer served.
�
You must email a copy of your
valid, active authorization, charter, license, or other related credentials to
[email protected], along with contact information for the licensing/governing
body for your profession. Registrars may set up a forwarding email to receive
these documents and must forward these emails to EPAG if they wish to use their
own email domain/address.
� .ENGINEER, .MARKET, .MORTGAGE, .SOFTWARE, .VET, .GIVES, .DEGREE, .REHAB
Domains: In the case of an .ENGINEER, .MARKET, .MORTGAGE,
.SOFTWARE, .VET, .GIVES, .DEGREE, .REHAB registration, as a regulated TLD, the
following conditions apply:
�
You agree to the Rightside Inc. Acceptable Use and Anti-Abuse Policy,
located at http://rightside.co/registry/for-registrars/#c290
�
You acknowledge that TLDs
offered by Rightside Inc. will have non-uniform
renewal registration pricing, such that the fee for a domain
name registration renewal may differ from other domain names in the same
or other Rightside TLDs.
�
You must comply with all
applicable laws, including laws relating to privacy, data collection, consumer
protection (including in relation to misleading and deceptive conduct) and
applicable consumer laws in respect of fair lending, debt collection, organic
farming (if applicable), disclosure of data and financial regulations;
�
You must acknowledge and agree
that any collection and use of sensitive health and financial data must
implement reasonable and appropriate security measures commensurate with the
offering of those services, as defined by applicable laws.
� .DURBAN, .JOBURG, .CAPETOWN Domains: In
the case of a .DURBAN, .JOBURG, .CAPETOWN registration, the following
conditions apply:
�
You agree to the ZA Central
Registry Policies located at https://www.registry.net.za/content.php?gen=1&contentid=143&title=Legal%20/%20Policies
� .DESI Domains: In the case of a .DESI
registration, the following conditions apply:
�
You agree to the Dot Desi, LLC
Policies located at http://nic.desi/
� .HAMBURG Domains: In the case of a .HAMBURG
registration, the following conditions apply:
�
You agree to the Hamburg
Top-Level-Domain GmbH Policies located at http://www.punkthamburg.de/richtlinien/
� �.LONDON Domains: In the case of a .LONDON registration, the following conditions apply:
�
You agree to the Dot London
Domains Ltd Policies located at http://domains.london/policies/
� .MELBOURNE, .SYDNEY Domains: In
the case of a .MELBOURNE, .SYDNEY registration, the following conditions apply:
�
You agree to the ARI Registry
Services Policies located at http://nic.melbourne/policies/, http://nic.sydney/policies/
� .SCOT Domains: In the case of a .SCOT
registration, the following conditions apply:
�
You agree to the Dot Scot
Registry Policies located at http://dotscot.net/help/
� .QUEBEC Domains: In the case of a .QUEBEC
registration, the following conditions apply:
�
You agree to the PointQuebec Policies located at http://registre.quebec/en/policy/
� �.BZH Domains: In the case of a .BZH registration, the following conditions apply:
�
You agree to the www.bzh
Association Policies located at http://www.pik.bzh/images/documents/bzh_Politique_enregistrement.pdf
� .BRUSSELS, .VLAANDEREN Domains: In
the case of a .BRUSSELS, .VLAANDEREN registration, the following conditions
apply:
�
You agree to DNS Belgium
Policies located at http://dnsbelgium.be/en/domain-name/registering-domain-names
� .CEO, .BEST Domains: In the case of a .CEO, .BEST
registration, the following conditions apply:
�
You agree to PeopleBrowsr's Policies located at http://aboutus.best/overview.html
� .NGO, .ONG Domains: In the case of a .NGO, .ONG
registration, the following conditions apply:
�
You agree to Public Interest
Registry's Policies located at http://pir.org/policies/ and http://globalngo.org/discover/eligibility/, and detailed below:
a.
Focused on acting in the
public interest: Whether in support of education or health,
the environment or human rights, members of the .ngo|.ong community work for the good of humankind and/or the
preservation of the planet and do not promote discriminate or bigotry.
b.
Non-profit making/Non-profit
focused entities: While many NGOs and ONGs engage in commercial activities or
generate revenue in support of their missions, members of the .ngo|.ong community do not
recognize profits or retain earnings.
c.
Limited government influence:
Recognizing that many NGOs and ONGs have important interactions with
government, not least for reasons of funding (which may include receipt of some
government funding in support of their programs), members of the .ngo|.ong community decide their
own policies, direct their own activities, and are independent of direct
government or political control.
d.
Independent actors: Members of
the .ngo|.ong community
should not be political parties nor should be a part of any government.
Participation in the work of a NGO or ONG is voluntary.
e.
Active organisations:
Members of the .ngo|.ong community
are actively pursuing their missions on a regular basis.
Structured: Members of the .ngo|.ong
community, whether large or small, operate in a structured manner (e.g. under
bylaws, codes of conduct, organizational standards, or other government structures.)
f.
Lawful: Members of the .ngo|.ong community act with
integrity within the bounds of law.
�
To activate the new domains, NGO organisations
will also need to complete a post-registration validation process:
a.
Registrant is required to
submit information and documentation to PIR establishing that it meets the
eligibility requirements of an NGO.
b.
Validation documentation may
consist of one or more of the following:
-
�government lists
-
corporate documents (e.g.,
Articles of Incorporation)
-
tax records or other documents
evidencing the entity's charitable status and work in the community it serves
c.
Registrant is required to
certify that the information and documentation it submitted in the validation
process remains true, complete, and accurate at least once every two years
after initial validation.
d.
If Registrant does not
successfully complete the validation process within one year from the date it
registers the domain name bundle, the domain name bundle will
be deleted and released back into the pool of available domains and any
fees paid in connection with the registration of the domain name bundle will be
forfeit.
e.
Registrant acknowledges and
understands that, in the event it is selected for an
audit, it will promptly comply with any inquiries and requests from the
Registry to provide additional evidence of its NGO status.
f.
If, as a result of the audit
process, the Registry determines (in its sole discretion) that the Registrant
does not meet the NGO eligibility requirements, the Registrant's domain name
bundle will be deleted and released back into the pool of available domains and
any fees paid in connection with the Registrant's domain name bundle will be
forfeit.
� .VOTE, .VOTO Domains: In the case of a VOTE, .VOTO
registration, the following conditions apply:
�
You agree to Monolith Registry
LLC's Policies located at http://vote.afilias.info/vote_registration_policy
� .AMSTERDAM Domains: In the case of a .AMSTERDAM
registration, the following conditions apply:
�
You agree to the dotAMSTERDAM BV Policies located at http://nic.amsterdam/
� .SUCKS Domains: In the case of a .SUCKS
registration, the following conditions apply:
�
You agree to the Vox Populi Registry Inc. Policies
located at https://www.get.sucks/policies
� .COURSES Domains: In the case of a .COURSES
registration, the following conditions apply:
�
You agree to the ARI Policies
located at http://www.nic.courses/#documents
� .STUDY Domains: In the case of a .STUDY
registration, the following conditions apply:
�
You agree to the ARI Policies
located at http://nic.study/
� .FILM Domains: In the case of a .FILM
registration, the following conditions apply:
�
You agree to the ARI Policies
located at http://go.film/eligibility/ and http://go.film/policies/
�
There are two scenarios where
an applicant or registrant is eligible to register a .film domain name:
a.
Option 1: The applicant or
registrant must be a member of an approved association, body or union listed
below and closely connected to the domain name.
b.
Option 2: If the domain name
is a film title, the applicant or registrant must be a member of an approved
association, body or union listed below and hold rights to the exact matching
film title.
� .EARTH Domains: In the case of a .EARTH
registration, the following conditions apply:
�
You agree to the Interlink
Co., Ltd. Policies located at http://domain.earth/legal/
� .TRAVEL Domains: In the case of a .TRAVEL
registration, the following conditions apply:
�
You agree to the Tralliance Policies located at http://www.travel.travel/wp-content/uploads/2016/12/TravelPolicies2016.pdf
�
Registrant provides a
registrant�s self‐vetted
acknowledgement that they are (or plan to be) a creator or provider of travel
and tourism products, goods, services or content.
� .RO Domains: In the case of a .RO
registration, the following conditions apply:
�
You accept the terms of the
ROTLD Dispute Resolution Policy, located at https://www.rotld.ro/dispute-resolution-policy/.
�
You accept the ROTLD
Registration Agreement, located at https://www.rotld.ro/registration-agreement/.
� .FI Domains: In the case of a .FI
registration, the applicant or registrant confirms that they have read and
understood:
�
The required content and form
of .fi and .ax domain names described in Chapter 3, Section 21, as well as
Section 166 of the Finish Information Society Code. A summary of these
provisions is available at: https://www.viestintavirasto.fi/attachments/Summary_of_the_domain_name_sections_in_the_Information_Society_Code_917_2014.pdf
�
The requirements concerning
the form of the domain name provided in section 12 of the Domain Name
Regulation, located at: https://www.viestintavirasto.fi/attachments/maaraykset/FICORA682016M.pdf
�
Information on the protection
of names that have been entered into the Finnish Trade Register or into the registers
of associations, foundations or political parties, located at: https://www.prh.fi/en/index.html
�
Information on the protection
of trademarks entered into the Finnish register of trademarks, located
at: https://www.prh.fi/en/tavaramerkit/tavaramerkkitietokannat/tavaramerkkitietokanta.html
�
Information on the protection
of trademarks entered into the trademark register of the European Union,
located at: https://euipo.europa.eu/ohimportal/de
� .CLOUD Domains: In the case of a .CLOUD
registration, the following conditions apply:
�
You agree to the Aruba PEC
S.p.A. a Socio Unico Policies located at https://nic.cloud/policies.aspx
� TOP Domains: In the case of a .TOP
registration, the following conditions apply:
�
You agree to the .TOP domain name
registry Policies located at http://www.nic.top/cn/policy.asp
� .FEEDBACK, .OBSERVER, .REALTY Domains: In
the case of a .FEEDBACK, .OBSERVER, .REALTY registration, the following
conditions apply:
�
You agree to the Top Level
Spectrum, LLC. Registration Agreement, located at:
a.
.FEEDBACK: http://www.nic.feedback/registration-agreement/
b.
.OBSERVER: http://www.nic.observer/registration-agreement/
c.
.REALTY: http://www.nic.realty/registration-agreement/
� .TUBE Domains: In the case of a .TUBE registration,
the following conditions apply:
�
You agree to the Latin
American Telecom LLC. Policies located at http://www.nic.tube/policies.
� .SHOP Domains: In the case of a .SHOP
registration, the following conditions apply:
�
You agree to the GMO Registry,
Inc. Policies located at https://nic.shop/.
� .STORAGE Domains: In the case of a .STORAGE
registration, the following conditions apply:
�
You agree to the Self Storage Company, LLC Policies located at http://www.domains.storage/registry-policies/
� .BLOG Domains: In the case of a .BLOG
registration, the following conditions apply:
�
You agree to the Knock Knock Whois There Policies
located at https://nic.blog/registry-policies-privacy/
� .ART Domains: In the case of a .ART
registration, the following conditions apply:
�
You agree to the UK Creative
Ideas Ltd. (UKCI) Policies located at http://nic.art/policies/
� .SAARLAND Domains: In the case of a .SAARLAND
registration, the following conditions apply:
�
You agree to the Key-Systems
GmbH Terms and Conditions located at https://www.key-systems.net/en/terms-und-conditions
�
You agree to the Registration
Policy located at https://www.key-systems.net/en/registration-agreement
� .AFRICA Domains: In the case of a .AFRICA
registration, the following conditions apply:
�
You agree to the ZA Central
Registry NPC (ZACR) Policies located at http://africainonespace.org/content.php?tag=74&title=dotAfrica+Policies
� .SE, .NU Domains: In the case of a .SE, .NU
registration, the following conditions apply:
�
You agree to The Internet
Foundation in Sweden Terms and Conditions, located at:
a. .SE: https://www.iis.se/english/domains/se/terms-and-conditions/
b. .NU: https://www.iis.se/english/domains/nu/terms-and-conditions/
�
You also agree to the new
Terms and Conditions of the The Internet Foundation
in Sweden, valid as of September 15, 2019:
a.
.SE:
https://internetstiftelsen.se/app/uploads/2019/05/ref_se_terms-and-conditions_20190513.pdf
b.
.NU:
https://internetstiftelsen.se/app/uploads/2019/05/ref_nu_terms-and-conditions_20190513.pdf
�
.LV Domains: In the case of a .LV
registration, the following conditions apply:
�
You agree to the NIC.LV
Policies located at: https://www.nic.lv/en/policies
�
You certify that I you
informed that your personal data processing is carried out by the .LV Registry
in compliance with the NIC Privacy policy, which is available on the .LV Registry's website.
�
.NO Domains: In the case of a .NO
registration, the following conditions apply:
�
You agree to the Norid AS Policies located at: https://www.norid.no/en/regelverk/navnepolitikk/
�
.PT Domains: In the case of a .PT
registration, the following conditions apply:
�
You agree to the DNS.PT
Policies located at: https://www.dns.pt/en/domains-2/domain-rules/preamble/
�
You agree that you have read
the DNS.PT Information
Note on the Processing of Client�s Personal Data.
�
You agree that you are aware
of your right to give
consent to DNS.PT to publish your personal data in the Registry�s public Whois and that you can withdraw that consent at any time
from DNS.PT registry directly.
�
.AI Domains: In the case of a .AI
registration, the following conditions apply:
�
The Government of Anguilla
reserves the right to remove domains that are in its opinion hate speech or
breaking any Anguilla law.
�
Domain Name Disputes. You
acknowledge having read and understood and agree to be bound by the terms and
conditions of the The Uniform Domain Name Dispute
Resolution Policy, as they may be amended from time to time. The Uniform Domain
Name Dispute Resolution Policy ("Dispute Policy) is available at: http://www.icann.org/dndr/udrp/policy.htm.
� Additional ccTLD Policies. Additional registry policies may apply for ccTLDs.
You acknowledge and understand that by accepting the terms and conditions of
this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and which
are referenced in future versions of this Agreement.
� SUPPORT FOR DNSSEC
�
We allow you to add DNSSEC on
your domain upon request by relaying orders to add, remove or change public key
material (e.g., DNSKEY or DS resource records) on your behalf to Registries
operating under contract with ICANN that support DNSSEC.
�
The following fees apply to
DNSSEC relay services:
a.
Add DNSSEC key material: $0
per transaction.
b.
Change DNSSEC key material: $0
per transaction.
c.
DNSSEC key material: $0 per
transaction.
�
The following fees apply in
case manual support from our staff is necessary to relay DNSSEC key material.
a.
Add DNSSEC key material: $500
per transaction.
b.
Change DNSSEC key material:
$500 per transaction.
c.
Remove DNSSEC key material: $0
per transaction.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION
AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.