- Application and Registration
Agreement for Assignment of Second Level Domain Name in a Top Level Domain
By submitting the application form, you
acknowledge that you have read and agree to the following Registration
Agreement as well as the Domain Name Dispute Policy, both of which are part of
the application.
REGISTRATION AGREEMENT
This Registration Agreement
("Agreement") sets forth the terms and conditions of your use of
1stDomain.Net, a division of G+D International LLC, (“1stDomain.Net”) to
register a domain name on the Internet. To complete the registration process,
you must read and agree to be bound by all terms and conditions of this
Agreement, the accompanying fee schedule and dispute policy, and any rules or
policies that are or may be published by 1stDomain.Net. This Agreement will
become effective if accepted by 1stDomain.Net. 1stDomain.Net is an accredited
registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN")
under an agreement between 1stDomain.Net and ICANN ("ICANN Agreement"). You
acknowledge that 1stDomain.Net may modify this Agreement if necessary to
comply with its ICANN Agreement, or otherwise.
1. Fees
As consideration for the domain name
registration services provided by 1stDomain.Net, you agree to pay
1stDomain.Net`s current initial registration fees and renewal fees according
to the 1stDomain.Net fee schedule which is incorporated into this Agreement by
reference. The 1stDomain.Net fee schedule can be found at
http://www.0chargedomainnameregistration.com Payments must be made by
credit card as specified on the 1stDomain.Net application form. Your domain
name will not be registered unless and until 1stDomain.Net has received
appropriate authorization from your credit card company. In case of a declined
card, suspected fraud, and/or a chargeback, the domain name is subject to
immediate deletion without further notification.
We will try to contact you by email
(sent to listed admin/billing contact email of the domain name) when renewals
are due. It is your responsibility to keep the listed email information for
the contacts of your domain updated. You understand and agree that
1stDomain.Net does not attempt to contact you in any other way than by email,
and/or does not verify that your email service was available. It shall be your
responsibility to check when your domain expires and to ensure that renewal
fees are paid prior to the expiration of the domain name. You may check for
the expiration date of your domain name at
http://www.1stdomain.net/cgi-bin/whois.pl under "Domain expires: [date].
Should renewal fees go unpaid by the listed expiration date, your registration
is subject to immediate cancellation/deletion within 48 hours after
expiration. You understand and agree that 1stDomain.Net shall have no
liability whatsoever with respect to any such cancellation/deletion.
If at anytime fees or other charges
payable to the applicable registry or to any other regulatory body for a
domain name registered by 1stDomain.Net on your behalf, shall increase, or any
additional fee, tax or charge shall become due and payable to any third party
related to a domain name registered by 1stDomain.Net on your behalf, fees
payable by you to 1stDomain.Net under this Agreement will increase by such
amount. All registrations are non-cancellable and non-refundable. During the
first sixty days after initial registration it is not possible to transfer the
domain to a different registrar.
2. Dispute Policy
You agree to be bound by the current
ICANN Domain Name Dispute
Policy ("Dispute Policy") which is
incorporated into this Agreement by reference. The Dispute Policy can be found
at
http://www.icann.org/udrp/udrp.htm. Any disputes regarding the right to
use your domain name will be subject to the Dispute Policy and you agree to
submit to proceedings commenced under the Dispute Policy. ICANN may modify the
Dispute Policy in its sole discretion at any time. Your continued registration
of your domain name after modification to the Dispute Policy becomes effective
constitutes your acceptance of those modifications. If you do not agree to
such a modification, you may request that your domain name be deleted.
You agree that you will be subject
to the provisions specified in
the Dispute Policy in effect at the
time your domain name is challenged by a third party. You also agree that in
the event a domain name dispute arises with any third party, you will
indemnify and hold 1stDomain.Net harmless pursuant to the terms and conditions
contained in the Dispute Policy.
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. 1stDomain.Net and or the
respective Registry may not allow you to make changes to such domain name
record until (i) it is directed to do so by the judicial or administrative
body, or (ii) it receives 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.
3. Personal Data
As part of the registration process,
you are required to provide
certain information and to immediately
update this information to keep it current, complete and accurate. This
information includes (i) your full name, postal address, e-mail address, voice
telephone number, and fax number if available; (ii) the name of an authorized
person for contact purposes in the case of a registrant that is an
organization, association, or corporation; (iii) the IP addresses of the
primary nameserver and any secondary nameservers for the domain name; (iv) the
corresponding names of those nameservers; (v) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
technical contact for the domain name; (vi) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
administrative contact for the domain name; (vii) the name, postal address,
e-mail address, voice telephone number, and fax number if available of the
zone contact for the domain name; and (viii) any remark concerning the
registered domain name that should appear in the Whois data.
You acknowledge that willfully
providing inaccurate information
or willfully failing to update
information promptly will constitute a material breach of this Agreement and
will be a basis for cancellation of your domain name. If you license use of a
domain name to a third party, you are nonetheless the holder of record of the
domain name and are responsible for providing your own full contact
information and for providing and updating accurate technical, administrative,
and zone contact information.
You acknowledge that 1stDomain.Net
will make some of the information that you provide during the registration
process publicly available as required by ICANN and/or the Registries.
Additionally, you acknowledge that ICANN and/or the Registries may impose
guidelines, limits and/or requirements that relate to the amount and type of
information that 1stDomain.Net may or must make available to the public or to
private entities. You consent to the use, copying, distribution, publication,
modification and other processing of your personal data by the Registry
Operator and its designees and agents. You may request a copy of your
information in 1stDomain.Net 's possession to review, modify or update such
information. 1stDomain.Net will not otherwise disclose your information to any
third party unless it is required to maintain your domain name, or at such
time as 1stDomain.Net receives a properly authenticated order from a court of
competent jurisdiction.
4. Use Policies
1stDomain.Net reserves the right to
suspend or cancel your domain
name in the event that you use the
domain name to send unsolicited commercial advertisements in contradiction to
either applicable
laws or customary acceptable usage
policies of the Internet, or
if you use your domain name in
connection with unlawful activity.
5. Agents and Licenses
You agree that, if your domain name is
registered on your behalf
by anyone acting as your agent (e.g.,
an Internet Service Provider, employee, etc.), you are nonetheless bound as a
principal by all terms and conditions provided herein, including the Dispute
Policy.
You agree that if you license the
use of your domain name to a third party, you remain the domain name holder,
and remain responsible for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT 1STDOMAIN.NET WILL NOT
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a)
ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME,
(c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO 1STDOMAIN.NET `S REGISTRATION
SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND
1STDOMAIN.NET; (e) EVENTS BEYOND 1STDOMAIN.NET `S REASONABLE CONTROL; (f) THE
PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO
THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR
AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE
POLICY. FURTHER, 1STDOMAIN.NET WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF 1STDOMAIN.NET HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 1STDOMAIN.NET `S MAXIMUM
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO 1STDOMAIN.NET FOR
REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF
THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR
LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU ALSO AGREE THAT 1STDOMAIN.NET
AND ANY APPLICABLE REGISTRY OPERATOR, INCLUDING VERISIGN INC., AFILIAS
LIMITED, NEULEVEL INC., GLOBAL NAME REGISTRY, WILL HAVE NO LIABILITY OF ANY
KIND FOR ANY LOSS OR LIABILITY RESULTING FROM THE PROCEEDINGS AND PROCESSES
RELATING TO THE SUNRISE PERIOD, LAND RUSH PERIOD, AND/OR THE DOMAIN NAME
APPLICATION PHASE, INCLUDING, WITHOUT LIMITATION: (A) YOUR ABILITY OR
INABILITY TO OBTAIN AND/OR REGISTER A DOMAIN NAME AND OR SLD EMAIL ADDRESS
DURING THESE PERIODS, AND (B) THE RESULTS OF ANY DISPUTE OVER SUNRISE
REGISTRATION, NAMEWATCH REGISTRATION, DEFENSIVE REGISTRATION, IP CLAIM
SERVICE, SLD EMAIL ADDRESS AND/OR DOMAIN NAME APPLICATIONS.
7. Indemnity
You agree to defend, indemnify and hold
harmless 1stDomain.Net and any applicable domain name registry, including
VeriSign Inc, Afilias Limited, NeuLevel Inc., Global Name Registry, and the
directors, officers, employees and agents of each of them, from and against
any and all claims, damages, liabilities, costs and expenses, including
reasonable legal and attorneys' fees, resulting from any third party claim,
action, or demand related to your domain name or the use thereof. This
indemnification is in addition to any indemnification required under the
Dispute Policy.
You further agree that this
indemnification obligation shall survive the termination or expiration of this
Registration Agreement.
8. Representations and Warranties
You represent and warrant that all
information provided by you in
connection with your registration is
complete and accurate. 1stDomain.Net make no representation or warranties of
any kind in connection with this Agrecure the breach, 1stDomain.Net may revoke
your registration of the domain name.
You also agree that 1stDomain.Net
shall have the right in its sole
discretion to revoke, suspend, transfer
or otherwise modify a domain name registration upon seven (7) calendar days
prior written notice, or at such time as 1stDomain.Net receives a properly
authenticated order from a court of competent jurisdiction, or arbitration
award, re-querying the revocation, suspension, transfer or modification of the
domain name registration.
10. Governing Law
This Agreement, your rights and
obligations and all actions
contemplated by this Agreement shall be
governed by the laws of
the United States, as if the Agreement
was a contract wholly entered into and wholly performed within the United
States. Any action to
enforce this Agreement or any matter
relating to your use of the
1stDomain.Net site shall be brought
exclusively in the courts of the United States located in Hawaii.
11. General
This Agreement, the 1stDomain.Net fee
schedule and the Dispute Policy, together with all amendments or modifications
to any of them, constitute the complete and exclusive agreement between you
and 1stDomain.Net, and supersede and govern all prior proposals, agreements,
or other communications.
Nothing contained in this Policy
shall be construed as creating
any agency, partner-ship, or other form
of joint enterprise between the parties. The failure of 1stDomain.Net to
require your performance of any provision hereof shall not affect the full
right to require such performance at any time thereafter; nor shall the waiver
by 1stDomain.Net of a breach of any provision hereof be taken or held to be a
waiver of the provision itself. In the event that any provision of this
Agreement shall be unenforceable or invalid under any applicable law or be so
held by applicable court decision, such unenforceability or invalidity shall
not render this Agreement unenforceable or invalid as a whole. 1stDomain.Net
will amend or replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, the original objectives and intent
of 1stDomain.Net as reflected in the original provision. No provision of this
Agreement, including the 1stDomain.Net fee schedule and the Dispute Policy,
may not be amended or modified by you except by means of a written document
signed by 1stDomain.Net.
Additional Agreement for domain name registrations under .BIZ:
RESTRICTIONS DISPUTE RESOLUTION POLICY
(“RDRP”)
Purpose. This Restrictions Dispute
Resolution Policy (the “RDRP”) is incorporated by reference into your .BIZ
Registration Agreement. It sets out the terms and conditions that will apply
in the event of a dispute between you (as the registrant) and a third party
other than us (as the registrar) or the registry administrator for the .BIZ
top-level domain over the registration or use of your domain name in violation
of the .BIZ Registration Restrictions (available at www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
Proceedings under Paragraph 4 of the RDRP will be conducted according to the
Supplemental Rules for Restrictions Dispute Resolution Policy (the
“Supplemental RDRP Rules”), which are available below, and the selected
administrative dispute resolution service provider’s supplemental rules.
Your Representations. By applying to
register a domain name, or by asking us to maintain or renew a domain name
registration, you hereby represent and warrant to us that (a) the statements
that you made in your Registration Agreement are complete and accurate; (b) to
your knowledge, the registration of the domain name will not infringe upon or
otherwise violate the rights of any third party; (c) you are not registering
the domain name for an unlawful purpose; (d) you will not knowingly use the
domain name in violation of any applicable laws or regulations; (e) your
domain name registration does not and will not violate the terms and
conditions of the .BIZ Registration Restrictions. It is your responsibility to
determine whether your domain name registration infringes or violates someone
else's rights. It is also your responsibility to determine whether your domain
name registration violates the .BIZ Registration Restrictions.
Cancellations, Transfers and
Changes. We will cancel, transfer or otherwise make changes to domain name
registrations under the following circumstances:
- subject to the provisions of
Paragraph 8, our receipt of written or appropriate electronic instructions
from you or your authorized agent to take such action;
- our receipt of an order from a court
or arbitral tribunal, in each case of competent jurisdiction, requiring such
action; and/or
- our receipt of a decision of an
Administrative Panel requiring such action in any administrative proceeding to
which you were a party and which was conducted under the RDRP or a later
version of the RDRP adopted by ICANN.
We may also cancel, transfer or
otherwise make changes to a domain name registration in accordance with the
terms of your .BIZ Registration Agreement, ICANN policy, or other legal
requirements.
Mandatory Administrative Proceeding.
This Paragraph sets forth the type of
disputes for which you are required to submit to a mandatory administrative
proceeding. These proceedings will be conducted before one of the
administrative dispute resolution service providers listed at www.icann.org/udrp/approved-providers.htm
(each, a “Provider”).
Applicable Disputes. In addition to
the grounds set out in Paragraph 4(a) of the UDRP, you will also be required
to submit to a mandatory administrative proceeding in the event that a
complainant asserts to a Provider that your domain is not being or will not be
used primarily for a bona fide business or commercial purpose. In the
administrative proceeding, the complainant will bear the burden of proving
that the above elements is present. A complaint under the RDRP will not be
considered valid if based exclusively on the alleged non-use of your domain
name.
Bona Fide Business or Commercial
Use. “Bona fide business or commercial use” shall mean the bona fide use or
bona fide intent to use the domain name or any content software, materials,
graphics or other information thereon, to permit Internet users to access one
or more host computers through the DNS:
- to exchange goods, services, or
property of any kind; or
- in the ordinary course of trade or
business; or
- to facilitate the exchange of goods,
services, information, or property of any kind or the ordinary course of trade
or business.
Not a Bona Fide Business or
Commercial Use. Registering a domain name solely for the purposes identified
below shall not constitute a "bona fide business or commercial use" of that
domain name:
- selling, trading or leasing the
domain name for compensation, or
- the unsolicited offering to sell,
trade or lease the domain name for compensation.
For illustration purposes, the
following shall not constitute a "bona fide business or commercial use" of a
domain name:
- Using or intending to use the domain
name exclusively for personal, noncommercial purposes; or
- Using or intending to use the domain
name exclusively for the expression of noncommercial ideas (e.g., registering
exclusively to criticize or otherwise express an opinion on the products or
services of ABC company, with no other intended business or commercial
purpose).
Selection of Provider. The
complainant shall select the Provider from among those approved by ICANN by
submitting the complaint to that Provider. The selected Provider will
administer the proceeding, except in cases of consolidation as described in
Paragraph 4(f).
Initiation of Proceeding and Process
and Appointment of Administrative Panel. The Supplemental RDRP Rules state the
process for initiating and conducting a proceeding and for appointing the
panel that will decide the dispute (the “Administrative Panel”).
Consolidation. In the event of
multiple disputes between you and a complainant, either you or the complainant
may petition to consolidate the disputes before a single Administrative Panel.
This petition shall be made to the first Administrative Panel appointed to
hear a pending dispute between the parties. This Administrative Panel may
consolidate before it any or all such disputes in its sole discretion,
provided that the disputes being consolidated are governed by the RDRP or
another dispute resolution policy adopted by ICANN.
Fees. All fees charged by a Provider
in connection with any dispute before an Administrative Panel pursuant to the
RDRP shall be paid by the complainant, except in cases where you elect to
expand the Administrative Panel from one to three panelists as provided in the
Supplemental RDRP Rules, in which case all fees will be split evenly by you
and the complainant.
Our Involvement in Administrative
Proceedings. We do not, and will not, participate in the administration or
conduct of any proceeding before an Administrative Panel. In addition, we will
not be liable as a result of any decisions rendered by the Administrative
Panel.
Remedies. The remedies available to
a complainant pursuant to any proceeding before an Administrative Panel shall
be limited to requiring the cancellation of your domain name or the transfer
of your domain name registration to the complainant.
Notification and Publication. The
Provider shall notify us of any decision made by an Administrative Panel with
respect to a domain name you have registered with us. All decisions under the
RDRP will be published in full over the Internet, except when an
Administrative Panel determines in an exceptional case to redact portions of
its decision.
Availability of Court Proceedings.
The mandatory administrative proceeding requirements set forth in Paragraph 4
shall not prevent either you or the complainant from submitting the dispute to
a court of competent jurisdiction for independent resolution before such
mandatory administrative proceeding is commenced or after such proceeding is
concluded. If an Administrative Panel decides that your domain name
registration should be canceled or transferred, we
will wait ten (10) business days (as
observed in the location of our principal office) after we are informed by the
applicable Provider of the Administrative Panel's decision before implementing
that decision. We will then implement the decision unless we have received
from you during that ten (10) business day period official documentation (such
as a copy of a complaint, file-stamped by the clerk of the court) that you
have commenced a lawsuit against the complainant in a jurisdiction to which
the complainant has submitted under the Supplemental RDRP Rules. (In general,
that jurisdiction is either the location of our principal office or of your
address as shown in our Whois database.) If we receive such documentation
within the ten (10) business day period, we will not implement the
Administrative Panel's decision, and we will take no further action, until we
receive (i) evidence satisfactory to us of a resolution between the parties;
(ii) evidence satisfactory to us that your lawsuit has been dismissed or
withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit
or ordering that you do not have the right to continue to use your domain
name.
All Other Disputes and Litigation.
All other disputes between you and any party other than us regarding your
domain name registration that are not brought pursuant to the mandatory
administrative proceeding provisions of Paragraph 4 shall be resolved between
you and such other party through any court, arbitration or other proceeding
that may be
available.
Our Involvement in Disputes. We will
not participate in any way in any dispute between you and any party other than
us regarding the registration and use of your domain name. You shall not name
us as a party or otherwise include us in any such proceeding. In the event
that we are named as a party in any such proceeding, we reserve the right to
raise any and all defenses deemed appropriate, and to take any other action
necessary to defend ourselves.
Maintaining the Status Quo. We will
not cancel, transfer, activate, deactivate, or otherwise change the status of
any domain name registration under the RDRP except as provided in Paragraph 3
above.
Transfers During a Dispute.
Transfers of a Domain Name to a New
Holder. You may not transfer your domain name registration to another holder (i)
during a pending administrative proceeding brought pursuant to Paragraph 4 or
for a period of fifteen (15) business days (as observed in the location of our
principal place of business) after such proceeding is concluded; or (ii)
during a pending court proceeding or arbitration commenced regarding your
domain name unless the party to whom the domain name registration is being
transferred agrees, in writing, to be bound by the decision of the court or
arbitrator. We reserve the right to cancel any transfer of a domain name
registration to another holder that is made in violation of this
subparagraph.
Changing Registrars. You may not
transfer your domain name registration to another registrar during a pending
administrative proceeding brought pursuant to Paragraph 4 or for a period of
fifteen (15) business days (as observed in the location of our principal place
of business) after such proceeding is concluded. You may transfer
administration of your domain name registration to another registrar during a
pending court action or arbitration, provided that the
domain name you have registered with us
shall continue to be subject to the proceedings commenced against you in
accordance with the terms of the RDRP. In the event that you transfer a domain
name registration to us during the pendency of a court action or arbitration,
such dispute shall remain subject to the domain name dispute policy of the
registrar from which the domain name registration was transferred.
Policy Modifications. We reserve the
right to modify the RDRP at any time with the permission of ICANN. We will
post the revised RDRP at (http://www.neulevel.com/countdown/rdp.html) at least
thirty (30) calendar days before it becomes effective. Unless this version of
the RDRP has already been invoked by the submission of a complaint to a
Provider, in which event the version of the RDRP in effect at the time it was
invoked will apply to you until the dispute is over, all such changes will be
binding upon you with respect to any domain name registration dispute, whether
the dispute arose before, on or after the effective date of our change. In the
event that you object to a change in this version of the RDRP, your sole
remedy is to cancel your domain name registration with us, provided that you
will not be entitled to a refund of any fees you paid to us. The revised RDRP
will apply to you until you cancel your domain name registration.
SUPPLEMENTAL RULES FOR RESTRICTIONS
DISPUTE RESOLUTION POLICY
Purpose. Administrative proceedings
for the resolution of disputes under the Restrictions Dispute Resolution
Policy (“RDRP”); shall be governed by the Rules for Uniform Domain Name
Dispute Resolution Policy (“UDRP Rules”; www.icann.org/udrp/udrp-rules-24oct99.htm)
as supplemented or modified by these Supplemental Rules for Restrictions
Dispute Resolution Policy (the “Supplemental RDRP Rules”) and any supplemental
rules of the dispute resolution service provider administering the
proceedings.
Definitions. Defined terms in the
UDRP Rules shall have the same meaning in these Supplemental RDRP Rules,
subject to the following:
Complaint based on UDRP and RDRP. If
a complaint is based on the UDRP and the RDRP, the term “Policy” shall refer
to the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the RDRP,
and the term “Rules” shall refer to the UDRP Rules as supplemented or modified
by these Supplemental RDRP Rules.
Complaint based on the RDRP alone.
If a complaint is based on the RDRP alone, the term “Policy” shall refer to
the RDRP, and the term “Rules” shall refer to the UDRP Rules as supplemented
or modified by these Supplemental RDRP Rules.
RDRP Grounds. A complaint pursuant
to the RDRP (whether or not also based on the UDRP) shall describe, in
accordance with Paragraph 4(a)-(c), the grounds on which the complaint is made
including, in particular, the extent to which the domain name is not being or
will not be used primarily for a bona fide business or commercial purpose.
Please note that dates are subject to
change.
Additional Agreement for domain
name registrations under .INFO:
SUNRISE REGISTRATION and
SUNRISE DISPUTE RESOLUTION POLICY ("SDRP"):
In order for trademark and service
mark owners to qualify to receive a registration during the Sunrise Period (a
"Sunrise Registration"), the following information must be provided to the
.INFO registry operator: (i) the ASCII characters name of the trademark or
service mark; (ii) the date the registration was issued; (iii) the country of
registration; and (iv) the registration number. This information is required
in addition to the standard information required of all potential registrants,
see Paragraph 3. above.
This information shall be included in
the Whois informational database to facilitate the resolution of disputes over
Sunrise Registrations. The Whois database shall be made available at the
commencement of the Sunrise Period. Neither the .INFO Registry Operator nor
1stDomain.Net will verify any of this information prior to issuing a Sunrise
Registration, but the .INFO Registry Operator reserves the right to refuse or
cancel any Sunrise Registration at any time and to request additional
information relating to a Sunrise Registration from the registrant.
In the event that separate
applicants submit Registered Name requests for identical trademarks, the first
request to be processed by the .INFO Registry System that meets the criteria
for a Sunrise Registration will be awarded the domain name registration.
Sunrise Registrations will only be accepted for registration terms of at least
five years.
The .INFO Registry Operator (".INFO
RO") will prohibit the transfer of all domain names registered during the
Sunrise Period for a period of up to six months following the last day of the
Sunrise Period, except for transfers made as a result of a successful
challenge, a decision in a Uniform Dispute Resolution Policy ("UDRP")
administrative proceeding, or an order from any court of competent jusidiction.
In addition, Sunrise Registrations that are subject to one or more pending
challenges (see "Sunrise Dispute Reolution Policy" below) may not be
transferred until such challenges are resolved. Sunrise Registrations shall
otherwise be subject to the terms of this Agreement.
You agree to be subject to and
submit to proceedings commenced under the current Sunrise Dispute Resolution
Policy ("SDRP") of the .INFO Registry. Details on the Sunrise Dispute
Resolution Policy will be published by the .INFO registry, Afilias Limited,
and are incorporated into this agreement by reference, see
Sunrise Challenge
process. The .INFO Registry may modify the SDRP in its sole discretion at
any time. Your continued registration of your domain name after modification
to the SDRP becomes effective constitutes your acceptance of those
modifications. If you do not agree to such a modification, you may request
that your domain name be deleted. You agree that you will be subject to the
provisions specified in the SDRP in effect at the time your domain name is
challenged by a third party. You also agree that in the event a sunrise domain
name dispute arises with any third party, you will indemnify and hold
1stDomain.Net harmless pursuant to the terms and conditions contained in the
SDRP.
Additional Agreement for domain
name registrations under .NAME:
.name RESTRICTIONS
Registrations in the .name TLD must
constitute an individual’s “Personal Name”. For purposes of the .name
restrictions (the “Restrictions”), a "Personal Name" is a person's legal name,
or a name by which the person is commonly known. A "name by which a person is
commonly known" includes, without limitation, a pseudonym used by an author or
painter, or a stage name used by a singer or actor.
As a .name domain name Registrant,
you hereby certify to the best of your knowledge that:
(a) You have the authority to enter
into this Agreement; and
(b) The registered domain name or
second level domain (“SLD”) email address is your Personal Name.
(c) You agree that any information
collected by us concerning an identified or identifiable natural person
(“Personal Data”) will be used in connection with the registration of your
domain name(s) and for the purposes of this Agreement and as required or
permitted by the ICANN Agreement or an ICANN/Registry Policy.
You hereby acknowledge that you have
read and understood and agree to be bound by the additional terms and
conditions of the following documents for .name registrations, as they may be
amended from time to time, which are hereby incorporated and made an integral
part of this Agreement:
(a) the Eligibility Requirements (the
“Eligibility Requirements”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(b) the Eligibility Requirements
Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(c) the Uniform Domain Name Dispute
Resolution Policy (the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate
that Personal Name domain names and Personal Name SLD email addresses will be
granted on a first-come, first-served basis, except for registrations granted
as a result of a dispute resolution proceeding or during the landrush
procedures in connection with the opening of the Registry TLD. The following
categories of Personal Name Registrations may be registered: (i) the Personal
Name of an individual; (ii) the Personal Name of a fictional character, if you
have trademark or service mark rights in that character's Personal Name; (iii)
in addition to a Personal Name registration, you may add numeric characters to
the beginning or the end of your Personal Name so as to differentiate it from
other Personal Names.
The ERDRP applies to challenges to (i)
registered domain names and SLD email address registrations within .name on
the grounds that a Registrant does not meet the Eligibility Requirements, and
(ii) to Defensive Registrations within .name.
The UDRP sets forth the terms and
conditions in connection with a dispute between a Registrant and party other
than Global Name Registry (“Registry Operator”) or Registrar over the
registration and use of an Internet domain name registered by a Registrant.
All of the policies above may be
modified by ICANN and the .name Registry in its sole discretion at any time.
Your continued registration of your domain name after modification to the
Dispute Policy becomes effective constitutes your acceptance of those
modifications. If you do not agree to such a modification, you may request
that your domain name be deleted. No fees will be refunded if you choose this
option and terminate the agreement.
EMAIL FORWARDING
(a) The service for which you have
registered may, at your option, include Email Forwarding. To the extent you
opt to use Email Forwarding, you are obliged to do so in accordance with all
applicable legislation and are responsible for all use of Email Forwarding,
including the content of messages sent through Email Forwarding.
(b) You undertake to familiarize
yourself with the content of and to comply with the generally accepted rules
for Internet and email usage. This includes, but is not limited to the
Acceptable Use Policy, as well as the following restrictions. Without
prejudice to the foregoing, you undertake not to use Email Forwarding:
(i) to encourage, allow or participate
in any form of illegal or unsuitable activity, including but not restricted to
the exchange of threatening, obscene or offensive messages, spreading computer
viruses, breach of copyright and/or proprietary rights or publishing
defamatory material;
(ii) to gain illegal access to systems
or networks by unauthorized access to or use of the data in systems or
networks, including all attempts at guessing passwords, checking or testing
the vulnerability of a system or network or breaching the security or access
control without the sufficient approval of the owner of the system or network;
(iii) to interrupt data traffic to
other users, servers or networks, including, but not restricted to, mail
bombing, flooding, Denial of Service (DoS) attacks, willful attempts to
overload another system or other forms of harassment; or
(iv) for spamming, which includes, but
is not restricted to, the mass mailing of unsolicited email, junk mail, the
use of distribution lists (mailing lists) which include persons who have not
specifically given their consent to be placed on such a distribution list.
Users are not permitted to provide
false names or in any other way to pose as somebody else when using Email
Forwarding.
(c) The .name Registry Operator
reserves the right to implement additional anti-spam measures, to block spam
or mail from systems with a history of abuse from entering .name Registry
Operator’s Email Forwarding. However, due to the nature of such systems,
which actively block messages, .name Registry Operator shall make public any
decision to implement such systems a reasonable time in advance, so as to
allow you or 1stDomain.Net to give feedback on the decision.
(d) You understand and agree that
the .name Registry Operator may delete material that does not conform to
clause (c) above or that in some other way constitutes a misuse of Email
Forwarding. You further understand and agree that the .name Registry Operator
is at liberty to block your access to Email Forwarding if you use Email
Forwarding in a way that contravenes this Agreement. You will be given prior
warning of discontinuation of the Email Forwarding unless it would damage the
reputation of .name Registry Operator or jeopardize the security of .name
Registry Operator or others to do so. The .name Registry Operator reserves the
right to immediately discontinue Email Forwarding without notice if the
technical stability of Email Forwarding is threatened in any way, or if you
are in breach of this Agreement. On discontinuing Email Forwarding, .name
Registry Operator is not obliged to store any contents or to forward unsent
email to you or a third party.
(e) You understand and agree that to
the extent the .name Registry Operator is required by law to disclose certain
information or material in connection with your Email Forwarding, Registry
Operator will do so in accordance with such requirement and without notice to
you.
DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of
nationally registered marks to exclusively pre-register on the .name space and
create a protective barrier for their trademarks. A “Defensive Registration”
is a registration granted to a third party of a specific string on the second
or third level, or of a specific set of strings on the second and third
levels, which will not resolve within the domain name system but may prevent
the registration of the same string(s) on the same level(s) by other third
party applicants.
PHASES OF DEFENSIVE REGISTRATIONS
(a) As a Defensive Registration
Registrant (“Defensive Registrant”), you hereby certify to the best of your
knowledge that for Phase I Defensive Registrations (“Phase I Defensive
Registrants”), you own valid and enforceable trademark or service mark
registrations having national effect that issued prior to April 16, 2001 for
strings that are identical to the textual or word elements, using ASCII
characters only, subject to the same character and formatting restrictions as
apply to all registrations in the Registry TLD. You understand that trademark
or service mark registrations from the supplemental or equivalent Registry of
any country, or from individual states or provinces of a nation, will not be
accepted. Subject to the same character and formatting restrictions as apply
to all registrations in the Registry TLD, if a trademark or service mark
registration incorporates design elements, the ASCII character portion of that
mark may qualify to be a Phase I Defensive Registration.
(b) Phase II Defensive Registrants may
apply for a Defensive Registration for any string or combination of strings.
(c) Defensive Registrants, whether
Phase I or Phase II shall comply with the following Eligibility Requirements,
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
and which is incorporated herein by reference.
PROVISION OF REGISTRATION DATA
In addition to the information provided
in paragraph 3 above: "Personal Data", Phase I Defensive Registrants must also
provide (1) the name, in ASCII characters, of the trademark or service mark
being registered; (2) the date the registration issued; (3) the country of
registration; and (4) the registration number or other comparable identifier
used by the registration authority.
DOMAIN NAME DISPUTE POLICY
(a) If you registered a Defensive
Registration, you agree that: (i) the Defensive Registration will be subject
to challenge pursuant to the Eligibility Requirements Dispute Resolution
Policy (“ERDRP”); (ii) if the Defensive Registration is successfully
challenged pursuant to the ERDRP, the Defensive Registrant will pay the
challenge fees; and (iii) if a challenge is successful, then the Defensive
Registration will be subject to the procedures described in Section 2(h) of
Appendix L to the agreement of Global Name Registry (“Registry Operator”) with
the Internet Corporation for Assigned Names and Numbers (“ICANN”), available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
(b) You further agree that if a Phase I
Defensive Registration is successfully challenged on the basis that it did not
meet the applicable Eligibility Requirements, the Defensive Registrant will
thereafter be required to demonstrate, at its expense, that it meets the
Eligibility Requirements for Phase I Defensive Registrations for all other
Phase I Defensive Registrations that it registered within .name through any
Registrar. In the event that the Defensive Registrant is unable to
demonstrate the foregoing with respect to any such Phase I Defensive
Registration(s), those Defensive Registration(s) will be cancelled.
(c) The ERDRP applies to, among other
things, challenges to Defensive Registrations within .name and is available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive
Registration is challenged by a third party, you will be subject to the
provisions specified in the Defensive Registration dispute policy in effect at
the time of the dispute. You agree that in the event a Defensive Registration
dispute arises with any third party, you will indemnify and hold 1stDomain.Net
harmless pursuant to the terms and conditions set forth in this Agreement.
CONSENT
Defensive Registrants may be asked to
give their consent to allow individuals to share a part of their space. For
example, if you have filed a Defensive Registration on PQR (which blocks out
ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent
to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name.
In such a circumstance, you will have five (5) days to respond to a request
for consent.
Addendum: Reservation of Rights
1stDomain.Net and/or any applicable
domain name Registry, including VeriSign Inc, Afilias Limited, NeuLevel Inc.,
Global Name Registry, expressly reserve the right to deny, cancel or transfer
any registration that it deems necessary, in its discretion, to protect the
integrity and stability of the respective Registry, to comply with any
applicable laws, government rules or requirements, request of law enforcement,
in compliance with any dispute resolution process, in case of suspected credit
card fraud, or to avoid any liability, civil or criminal, on the part of
1stDomain.Net and/or the applicable domain name Registry, including VeriSign
Inc, Afilias Limited, NeuLevel Inc., Global Name Registry, as well as their
affiliates, subsidiaries, officers, directors and employees. 1stDomain.Net
and/or any applicable domain name Registry, including VeriSign Inc, Afilias
Limited, NeuLevel Inc., Global Name Registry, also reserve the right to freeze
a domain name during resolution of a dispute.
Registration Service: 1stdomain.net
USA, 2001