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Domainsite Domain Name Registration Agreement
1. INTRODUCTION. In this Registration Agreement ("Agreement"), "you" and
"your" refer to each customer ("Customer") and "we", "us" and
"our"
refer to Spot Domain LLC dba Domainsite.com and "VeriSign" refers to
VeriSign, Inc. This Agreement explains our obligations to you, and your
obligations to us in relation to your use of our services. By selecting
our service(s) you have agreed to establish an account with us for such
services. When you use your account or permit someone else to use your
account to purchase or otherwise acquire access to additional service(s)
we offer or to modify or cancel your service(s) with us (even if we were
not notified of such authorization), this Agreement covers any such
service or actions. Any acceptance of your application(s) for our
services and the performance of our services will occur at our offices
in Denver, Colorado, the location of our principal place of business.
2. VARIOUS SERVICES. Paragraphs 1 through 27 are applicable to any and
all of the services you have chosen. The terms and conditions set forth
in the lettered paragraphs at the end of this Agreement apply only to
customers who have selected services other than our domain name
registration services.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration for the services
you have selected, you agree to pay us the applicable service(s) fees
set forth on our Web site at the time of your selection. All fees are
due immediately and are non-refundable. We may take all remedies
available to us in order to collect fees owed. Unless otherwise
specified, each service purchased from us is for a two-year initial term
and renewable in perpetuity thereafter for successive one-year terms.
Any renewal of your services with us is subject to our then current
terms and conditions and payment of all applicable service fees at the
time of renewal and in the case of domain name re-registration, the
domain name registry's acceptance of your domain name registration. You
agree that you may not transfer your domain name registration to another
domain name registrar during the first sixty (60) days from the
effective date of your initial domain name registration with us.
4. ACCURATE INFORMATION. As further consideration for our service(s),
you agree to: (1) provide certain current, complete and accurate
information about you as required by the application process; and (2)
maintain and update this information as needed to keep it current,
complete and accurate. We rely on this information to send you important
information and notices regarding your account and our services. You
represent and warrant that you have provided notice to, and obtained
consent from, any third party individuals whose personal data you supply
to us as part of our services with regard to: (i) the purposes for which
such third party's personal data has been collected, (ii) the intended
recipients or categories of recipients of the third party's personal
data, (iii) which parts of the third party's data are obligatory and
which parts, if any, are voluntary; and (iv) how the third party can
access and, if necessary, rectify the data held about them. You further
agree to provide such notice and obtain such consent with regard to any
third party personal data you supply to us in the future. We are not
responsible for any consequences resulting from your failure to provide
notice or receive consent from such individuals nor for your providing
outdated, incomplete or inaccurate information. Even if you intend to
license the use of our domain name registration services to a third
party, you will remain our customer and you are responsible for
complying with all terms and conditions of this Agreement. Subject to
the requirements of our privacy statement, in order for us to comply
with the current rules and policies for the domain name system, you
hereby grant us the right to disclose to third parties through an
interactive publicly accessible registration database the following
mandatory information that you are required to provide when registering
or reserving a domain name: (i) the domain name(s) registered by you;
(ii) your name and postal address; (iii) the name(s), postal
address(es), e-mail address(es), voice telephone number and where
available the fax number(s) of the technical and administrative contacts
for your domain name(s); (iv) the Internet protocol numbers of the
primary nameserver and secondary nameserver(s) for such domain name(s);
(v) the corresponding names of those nameservers; (vi) the original
creation date of the registration; and (vii) the expiration date of the
registration. We are also required, as are all accredited domain name
registrars, to make this information available in bulk form to third
parties who agree not to use it to (a) allow, enable or otherwise
support the transmission of mass unsolicited, commercial advertising or
solicitations via e-mail (spam) or (b) enable high volume, automated,
electronic processes that apply to our systems to register domain names.
5. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this
Agreement, you agree, during the term of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and/or (2) change
the types of or terms of any of the services provided under this
Agreement at any time. Any such revision or change will be binding and
effective immediately upon posting of the revised Agreement or change to
the service(s) on our Web site, or upon notification to you by e-mail or
United States mail. You agree to periodically review our Web site,
including the current version of this Agreement available on our Web
site, to become aware of any such revisions.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use the Account Number and the Password
that you selected if you opened your account with us through our online
application process. Please safeguard your Account Number and Password
or security authentication option from any unauthorized use. In no event
will we be liable for the unauthorized use or misuse of your Account
Number or Password or security authentication option.
7. DOMAIN NAME DISPUTE RESOLUTION POLICY. If you reserved or registered
a domain name through us, you agree to be bound by our current domain
name dispute resolution policy that is incorporated herein and made a
part of this Agreement by reference. The policy has been adopted by the
Internet Corporation for Assigned Names and Numbers (ICANN). The current
version of the policy may be found at our web site:
http://www.domainsite.com/dispute_policy.php. Please take the time to
familiarize yourself with that policy.
8. DOMAIN NAME DISPUTE RESOLUTION POLICY MODIFICATIONS. You agree that
we, in our sole discretion, may modify our dispute resolution policy. We
will post any such revised policy on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by
maintaining the reservation or registration of your domain name after
modifications to the dispute policy become effective, you have agreed to
these modifications. You acknowledge that if you do not agree to any
such modification, you may terminate this Agreement. We will not refund
any fees paid by you if you terminate your Agreement with us.
9. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name
registration services is challenged by a third party, you will be
subject to the provisions specified in our dispute resolution policy in
effect at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions set forth below in this
Agreement. If we are notified that a complaint has been filed with a
judicial or administrative body regarding your use of our domain name
registration services, you agree not to make any changes to your domain
name record without our prior approval. We may prohibit you from making
changes to such domain name record until (i) we are directed to do so by
the judicial or administrative body, or (ii) we receive notification by
you and the other party contesting your registration and use of our
domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding
your registration and use of our domain name registration services, we
may deposit control of your domain name in a holding account until such
litigation is concluded.
10. AGENTS. You agree that, if your agent (e.g., an Internet Service
Provider, employee, etc.) purchased our service(s) on your behalf, you
are nonetheless bound as a principal by all terms and conditions herein,
including the dispute policy. Your continued use of our services shall
ratify any unauthorized actions of your agent. By acting on your behalf,
your agent certifies that he or she is authorized to apply for our
services on your behalf, that he or she is authorized to bind you to the
terms and conditions of this Agreement and that he or she has apprised
you of the terms and conditions of this Agreement. In addition, you are
responsible for any errors made by your agent. We will not refund fees
paid by you or your agent on your behalf for any reason, including, but
not limited to, in the event that your agent fails to comply with the
terms and conditions of this Agreement, your agent incorrectly provides
information in the application process or if your agent changes or
otherwise modifies your domain name record incorrectly.
11. NOTICES AND ANNOUNCEMENTS. You authorize us to notify you as our
customer of information that we deem is of potential interest to you.
Notices and announcements may include commercial e-mails and other
notices describing changes, upgrades, new products and services or other
information pertaining to Internet security or to enhance your identity
on the Internet and/or other relevant matters. If you do not wish to
receive bulk email solicitation notices or announcements please visit
http://www.domainsite.com/tools/optout.php.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any service(s) provided by us
under this Agreement and/or for any breach of this Agreement is solely
limited to the amount you paid for such service(s). Spot Domain LLC dba
Domainsite.com and our contractors shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the services or for the cost of
procurement of substitute services. 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. We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or liability resulting from
data non-delivery or data mis-delivery; (3) loss or liability resulting
from acts of God; (4) loss or liability resulting from the unauthorized
use or misuse of your Account Number, Password or security
authentication option; (5) loss or liability resulting from errors,
omissions, or misstatements in any and all information or service(s)
provided under this Agreement; (6) loss or liability relating to the
deletion of or failure to store e-mail messages; (7) loss or liability
resulting from the development or interruption of your Web site; (8)
loss or liability from your inability to use our service; (9) loss or
liability that you may incur in connection with our processing of your
application for our services, our processing of any authorized
modification to your domain name record or your agents failure to pay
any fees, including the initial registration fee or re-registration
(renewal)fee; or (10) loss or liability as a result of the application
of our dispute resolution policy.
13. INDEMNITY. You agree to release, indemnify, and hold us, in our
capacities as the registry and a registrar, and our contractors, agents,
employees, officers, directors, shareholders, affiliates and assigns
harmless from all liabilities, claims, damages, costs and expenses
(including reasonable attorneys' fees and expenses) of third parties
relating to or arising under this Agreement, the services provided
hereunder or your use of the services, including without limitation
infringement or dilution by you, or someone else using our service(s)
from your computer, of any intellectual property or other proprietary
right of any person or entity, or a violation of any of our operating
rules or policies relating to the service(s) provided. When we are
threatened with suit or sued by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your
failure to provide those assurances may be considered by us to be a
material breach of this Agreement.
14. VERISIGN INDEMNITY. You hereby agree to indemnify, defend and hold
harmless VeriSign, Inc., and its directors, officers, employees, agents
and affiliates from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses arising out of or relating to your domain name registration.
15. BREACH. You agree that your failure to abide by any provision of
this Agreement, any of our operating rules or policies, the dispute resolution policy, or your willful provision of inaccurate or
unreliable information as part of the application process, or your
failure to update your information to keep it current, complete or
accurate, or your failure to respond for over fifteen (15) calendar days
to inquiries from us concerning the accuracy of the contact details
associated with your domain name registration, may be considered by us to be a material breach of this Agreement and that we may provide a written
notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably
satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain
name and/or terminate the other service(s) you are using without further notice. We will not refund any fees paid by you if we terminate your Agreement
due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other
breach, by you.
16. NO GUARANTY. You agree that the registration of your chosen domain
name, in itself, does not confer immunity from objection to either the registration or use of your domain name.
17. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) the
information that you or your agent on your behalf provide to us during
the application process to register your domain name or to apply for
other service(s) is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided
to us in a timely manner according to the modification procedures in place at that time, (ii) to the best of your knowledge and belief neither the
registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of a
third party, (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iv) you have
selected the necessary security option(s) for your domain name registration record, and (v) you are of legal age to enter into this Agreement. You agree
that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is" and "as
available" basis.
18. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR
ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH
OUR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE
EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. REVOCATION. You agree that we may terminate your contractual right
to use our service(s) if the information that you are obligated to
provide to register your domain name or register for other service(s), or that you subsequently modify,contains false or misleading information, or
conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain
name registration services. Furthermore, you agree that we may suspend, cancel or transfer your domain name registration (and any additional services)
in order to: (i) correct mistakes made by us or the registry in registering your chosen domain name, or (ii) to resolve a dispute under our dispute
policy. We will not refund any fees paid by you if we terminate your services.
20. RIGHT OF REFUSAL. You agree that we may, in our sole discretion and without liability to you, refuse to accept the registration of any domain name.
We may also in our sole discretion and without liability to you, delete the registration of any domain name during the first sixty days after the
initial registration date. In the event that we refuse a domain name registration, or delete an existing registration during the first sixty days after
the initial registration date, you will receive a refund of fees paid to us for such registration. Spot Domain may also cancel the registration of a
domain name, after the initial sixty-day period, if that name is being used in association with spam or objectionable (either morally or
otherwise)activities. Objectionable activities may include, but are not limited to: activities designed to defame, abuse, threaten, or harass third
parties; activities prohibited by the laws of the United States; activities prohibited in foreign territories in which you conduct business; activities
designed to encourage unlawful behavior by others; activities that are tortuous, invasive of the privacy of a third party, racially, ethnically, or
otherwise objectionable; and activities designed to impersonate the identity of a third party. In the event that we delete the registration of a domain
name being used in association with spam or objectionable activities, no refund will be issued.
21. DOMAIN NAME EXPIRATION; GRACE PERIOD; IP ADDRESS CHANGES;
REDEMPTION PERIOD; RENEWAL AND TRANSFER.
You agree that we may, but are not obligated to, allow you to renew your
domain
name after its expiration date has passed. We do not auto renew domain
names. As
the owner of the domain you must specifically renew each domain with us. You
agree that after the expiration date of your domain name registration
and before
it is deleted or renewed, we may direct your domain name to an IP address
designated by us, including, without limitation, to an IP address which
hosts
our temporary parking page that may include, among other things,
advertisements
for Domainsite.com's products or services, third party advertisements, and
interfaces to other web pages including search engines. You agree that
we may
place our contact information in the WHOIS output for the expired domain
name.
Should you choose not to renew your domain name during any applicable grace
period, you agree that we may, in our sole discretion, renew and
transfer the
domain name to a third party or delete the domain. Domain names that
have not
been renewed, and for which a decision has been made to delete, will be
deleted
between 35 and 45 days after the expiration date. Any domain that gets
deleted
enters redemption period, if supported by the registry. During
this time, generally 30 days, the previous owner of the domain can
redeem the
registration for $120 USD.
22. PARKED DOMAINS. Every time you register a domain name with
Domainsite.com, your name will be pointed to our "Future Home of...."
page, which acts as a place holder for your domain name's future web
page. This page may contain third-party advertisements, links to other
products and services offered by DomainSite.com, and interfaces to other
web pages, including search engines, among other things. You will not
receive notice regarding the additional content located on the Future
Home Of page, and such content may be modified at any time. If you would like a preview of such a Future Home Of page, click here. If you have any
objection to having your newly registered domain name pointed to a Future Home Of page, please let our Customer Service department know by clicking here
support@domainsite.com.
23. SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent with
applicable law as nearly as possible to reflect the original intentions
of the parties, and the remaining terms and provisions will remain in
full force and effect.
24. ENTIRETY. You agree that this Agreement and the rules and policies
published by us, including without limitation our dispute resolution policy and our privacy statement, comprise the complete and exclusive agreement
between you and us regarding our services. This Agreement, along with our rules and policies, supersede all prior agreements and understandings, oral
or written, whether established by custom, practice, policy or precedent.
25. TRANSFER AND ASSIGNMENT. You may transfer your domain name
registration to a third party of your choice, subject to the procedures
and conditions provided on our website and incorporated herein. Your rights under this Agreement are not assignable and any attempt by your creditors to
obtain an interest in your rights under
this Agreement, whether by attachment, levy, garnishment or otherwise,
renders this Agreement voidable at our option.
26. GOVERNING LAW; VENUE. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance
with the laws of the United States of America and the State of Colorado, as if this Agreement shall have been entered into and performed in its entirety
within such state. You agree that any action relating to or arising out of this Agreement, or any matter relating to your use of our website, shall be
brought in the United States District Court for the District of Colorado or, if there is no jurisdiction in such court, then in a Colorado state court
located within the City and County of Denver, Colorado. Notwithstanding the foregoing, with respect to the adjudication of disputes between you and a
third party regarding the use of any domain names registered pursuant to this Agreement, you agree that you shall (a) abide by the terms of the Uniform
Domain Name Dispute Resolution Policy (the “UDRP”) (as described in our dispute resolution policy) or any similar ccTLD policy, and (b)
submit to the jurisdiction of (i) the courts of the state where you reside, and (ii) the courts of the State of Colorado, located within the City and
County of Denver.
27. AGREEMENT TO BE BOUND. By applying for service(s) through our online application process or by applying for and registering a domain name as part of
our e-mail template application process or by using the service(s) provided by us pursuant to this Agreement, you acknowledge that you have read and
agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be
published by us.
A.Additional Provisions for RegistryPro .Pro registration and Use (all terms as defined in the Registry.Pro Registration Agreement):
a) You represent and warrant that the data provided in the Registered
Name or Defensive Registration application is true, correct, up to date,
and complete; and that the registrant will at all times during the term
of its registration keep the information provided above up to date;
b) You represent and warrant that the registration satisfies the
applicable .pro restrictions at the time of registration;
c) You represent and warrant that the Registered Name registration
satisfies the digital security requirements stated in Appendix L of the
Registration Agreement;
d) You agree to be subject to the Qualification Challenge Policy and the
Uniform Domain Name Dispute Resolution Policy (the "UDRP");
e) You agree not to make any representation to any person or entity that
expressly or impliedly conveys that the registration of the Registered
Item in any way signifies or indicates that the Registered Item Holder
possesses any general or specific professional qualifications,
including, but not limited to, professional qualifications in a
particular field;
f) You certify that the Registered Item Holder has the authority to
enter into the Registration Agreement;
g) For applications during the Sunrise Period, you certify that the
registration qualifies for a Sunrise Registration, as set forth in
Appendix J of the Registry Agreement;
h) For Intellectual Property Defensive Registrations, including Sunrise
Registrations, you agree to be subject to the Intellectual Property
Challenge Defensive Registration Challenge Policy;
i) You agree to the use, copying, distribution, publication,
modification and other processing of Registered Item Holder's Personal
Data by Registry Operator and its designees and agents in a manner
consistent with the purposes specified pursuant to Subsection 2.6 of
the Registry.Pro Registration Agreement;
j) You acknowledge that the Registry Operator will have no liability of
any kind for any loss or liability resulting from the proceedings and
processes relating to the Sunrise Period including, without limitation:
(i) the ability or inability of any registrant to obtain a Registered
Item during these periods, and (ii) the results of any dispute over a
Sunrise Registration;
k) You acknowledge that the Registrar reserves the right to reject any
application to register a Registered Item for any reason or no reason,
including but not limited to if either Registrar or Registry Operator
reasonably believes it does not satisfy the conditions for a
Registration (including the Sunrise Registration Conditions or .pro
eligibility requirements).
You, as the Registered Item Holder, 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:
(i) The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/dndr/udrp/policy.htm;
(ii) (For registration agreements relating to Intellectual Property
Defensive Registrations, including Sunrise Registrations:)The
Intellectual Property Defensive Registration Challenge, available at
http://www.icann.org/dndr/prosdrp/policy.htm;
(iii) The Qualification Challenge Policy and Rules, available at
http://www.icann.org/dndr/proqcp/policy.htma nd
http://www.icann.org/dndr/proqcp/uniform-rules.htm;
(iv) The .pro TLD restriction requirements;
(v) For registrations of Registered Names, the .pro TLD digital
certification requirements; and
(vi) Procedures for any applicable Verification Toolkit.
l) You agree to the use, copying, distribution, publication,
modification and other processing of Registered Name Holder's Personal
Data by RegistryPro and its designees and agents in a manner consistent
with the purposes specified pursuant to Section 2.6 of the Registry.Pro Registration Agreement;
m) You represent and warrant that you meet the applicable .Pro registration requirements within the Jurisdiction and agree that, during the term of the
registration, you will continue to meet such requirements and that you will promptly notify the Registrar if you no longer meet such requirements;
n) You acknowledge that RegistryPro is a third party beneficiary of the Domainsite Domain Name Registration Agreement with the right to enforce those
provisions of the Registration Agreement that affect it;
o) You acknowledge that Registrar shall be solely responsible for providing Applicant with services with respect to (a) its application for a Registered
Name and (b)in the event such application is accepted, for all ongoing services with respect to its issued Registered Name.
Applicant further acknowledges that RegistryPro shall have no obligation
to provide such services to Applicant. Applicant agrees that it has no
contractual relationship whatsoever with RegistryPro and that Applicant
is not a third party beneficiary of any agreement between RegistryPro
and Registrar. Applicant further agrees that RegistryPro will have no
legal, equitable or other liability of any kind to Applicant.
p) Applicant acknowledges that if, pursuant to the performance of the
initial verification services or annual reverification services, Registrar determines that Applicant does not meet or does not continue to meet the
applicable .Pro registration requirements, Registrar shall be entitled to retain a processing fee of $150 in connection with the performance of the
initial verification services and $150 in connection with the performance of the annual reverification services.
You as the Registered Item Holder represent and warrant that, at all
times during the term of Registered Item registration, you meet the .pro
registration requirements set forth by Registry Operator for the
registration of the Registered Item Holder's registration. The
Registered Item Holder is required to provide prompt notice to Registrar
if you fail to meet such registration requirements. Registrar and/or
Registry Operator shall have the right to immediately and without notice
to Registered Item Holder, suspend, cancel or modify a Registered Item
Holder's registration if, at any time, the Registered Item Holder fails
to meet the registration requirements for such domain name or Defensive
Registration.
.Pro registrants self-certify that they are professionals and neither
this organization nor the Registry Operator can attest to its accuracy.
The relevant jurisdiction’s licensing body or office of professionals
should be contacted to obtain information about a .Pro registrant’s
licensing status and qualifications. Neither Registrar nor RegistryPro (the operator of the .Pro registry) is (i) a referral service, a partner with, or
agent of any .Pro registrant (nor is there any endorsement of any .Pro registrant, the content on a .Pro web site
or advice given by a .Pro registrant); or (ii)giving any legal, medical,
accounting or other professional advice.
The data contained in RegistryPro's WHOIS database, including but not
limited to data regarding a registrant's stated profession, is provided
“as is” with no guarantee or warranties regarding its timeliness or
accuracy. For information about Digital Certificates please see the .Pro
Certificate Practices Statement, available at www.registrypro.com.
B.Additional Provisions for .Name TLD registration and Use.
a) You represent and warrant that every registration you are applying
for in the .name top-level domain ("TLD") satisfies the eligibility
requirements ("Eligibility Requirements") established by Global Name
Registry Ltd., the registry for the .name TLD, which are available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
b) You agree that every service for which you register is subject to the
Uniform Domain Name Dispute Resolution Policy (the "UDRP") and the
Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), which
are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
c)In addition to any of the other limitations of liability contained
herein, you agree that neither the .name registry nor Spot Domain LLC dba Domainsite.com shall have any liability of any kind for any loss or liability
resulting from the processing of registration requests prior to live SRS or any dispute over any Registered Name, SLD E-mail Address, Defensive
Registration, or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.
C.Additional Provisions for .info Registrations.
Registered Name Holder indemnifies, defends and holds harmless Afilias
Limited, the .INFO Registry Operator, and its directors, officers,
employees and agents from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses, arising out of or relating to the Registered Name Holder's
domain name registration. This indemnification obligation survives the
termination or expiration of the Registration Agreement.
As the registered name holder of a .info name you agree to:
(i) consent to the use, copying, distribution, publication, modification
and other processing of Registered Name Holder's Personal Data by
Afilias Limited, the .INFO Registry Operator and its designees and
agents in a manner consistent with the purposes specified pursuant to
Subsection 2.6 of the .INFO Registration Agreement;
(ii) submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution
Policy ("SDRP");
(iii) immediately correct and update the registration information for
the Registered Name during the registration term for the Registered
Name; and
(iv) acknowledge that Afilias Limited, the .INFO Registry Operator will
have no liability of any kind for any loss or liability resulting from
the proceedings and processes relating to the Sunrise Period or the Land
Rush Period, including, without limitation: (a) the ability or inability
of a registrant to obtain a Registered Name during these periods, and
(b) the results of any dispute over a Sunrise Registration.
D. In its registration agreement with each Registered Name Holder,
Registrar shall require such Registered Name Holder to:
Acknowledge and agree that they must comply with the
requirements, standards, policies, procedures and practices set forth
in the dotmobi Style Guide (www.mtld.mobi) and consent to the
monitoring of the website as described in the dotmobi Style Guide
monitoring guidelines (www.mtld.mobi) for compliance with the Style
Guide.
Furthermore, Registrant acknowledges and agrees that this Style Guide
is subject to modification by the Registry with any such changes
appearing at the previously designated URL, and that Registrant must
promptly comply with any such changes in the time allotted.
E.Additional Provisions for .CO.UK, .ORG.UK, .ME.UK Registrations:
http://www.nominet.org.uk/ref/terms.html
E.Additional Provisions for .AC Registrations:
http://www.nic.ac/terms.html
F.Additional Provisions for .AT Registrations:
http://www.nic.at/en/agb/ag_agb.asp
G.Additional Provisions for .BE Registrations:
http://www.dns.be/eng/DomainInfo/enduser_termsandconditions.htm
H.Additional Provisions for .CC Registrations:
http://www.enic.cc/en/policies/policies.shtml
I.Additional Provisions for .DE Registrations:
http://www.denic.de/en/bedingungen.html
J.Additional Provisions for .IT Registrations:
http://www.nic.it
K.Additional Provisions for .IO Registrations:
http://www.nic.io/terms.html
L.Additional Provisions for .JP Registrations:
http://jprs.jp
M.Additional Provisions for .COM.MX Registrations:
http://www.nic.mx/es/Politicas.Dominios
N.Additional Provisions for .NL Registrations:
http://www.domain-registry.nl
O.Additional Provisions for .CO.NZ, .ORG.NZ, .NET.NZ Registrations:
http://www.domainz.net.nz/Domainz.asp?Content=Terms
P.Additional Provisions for .SH Registrations:
http://www.nic.sh/terms.html
Q.Additional Provisions for .TM Registrations:
http://www.nic.tm/terms.html
R.Additional Provisions for .TV Registrations:
http://www.tv/en/policies/policies.shtml
Registered Name Holder shall:
Indemnify to the maximum extent permitted by law, defend and hold
harmless Registry Operator, and its directors, officers, employees and agents
from and against any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses, arising out of or relating to
the Registered Name Holder.s domain name registration and or use, and this
indemnification obligation survive the termination or expiration of the
registration agreement; (3.7)
Indemnify, defend and hold harmless Registry Services Provider,
its subsidiaries and affiliates, and the directors, officers, employees and
agents or each of them, from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and expenses,
arising out of or relating to the Registered Name Holder.s domain name
registration and or use, and indemnification obligation survive the
termination or expiration of the registration agreement; (3.7.1)
Acknowledge and agree that notwithstanding anything in this
Agreement to the contrary, mTLD Top Level Domain Ltd. (.dotmobi.), the
Registry Operator of the .mobi TLD, is and shall be an intended third party
beneficiary of this Agreement. As such, the parties to this Agreement
acknowledge and agree that the third party beneficiary rights of dotmobi have
vested and that dotmobi has relied on its third party beneficiary rights under
this Agreement in agreeing to [Registrar.s name] Spot Domain LLC DBA
Domainsite.com being a registrar for the .mobi top-level domain.
Additionally, the third party beneficiary rights of dotmobi shall survive any
termination or expiration of this Agreement. (3.8.3)
Comply with ICANN requirements, standards, policies, procedures,
and practices for which Registry Operator has monitoring responsibility in
accordance with the Registry Agreement or other arrangement with ICANN;
(3.8.1)
Comply with operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by Registry
Operator in a non-arbitrary manner as Registry Policies, applicable to all
registrars and/or Registered Name Holders, and consistent with the Registry
Agreement shall be effective upon thirty days notice by Registry Operator to
Registrar; (3.8.2)
Consent to the use, copying, distribution, publication,
modification and other processing of Registered Name Holder's Personal Data by
Registry Operator and its designees and agents in a manner consistent with the
purposes specified pursuant to Subsection 2.6 and with relevant mandatory
local data protection, laws and privacy; (3.8.4)
Submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP"); (3.8.5)
Immediately correct and update the registration information for
the registered Name during the registration term for the Registered Name;
(3.8.6)
Acknowledge and agree to be bound by the terms and conditions of
the initial launch and general operations of the Registry TLD, including
without limitation the Limited Industry Launch, the Sunrise Period, the Land
Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name
Allocation Process, and the General Registration Period , and further to
acknowledge that Registry Operator and the Registry Service Provider has no
liability of any kind for any loss or liability resulting from the proceedings
and processes relating to the Limited Industry Launch, the Sunrise Period, the
Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name
Allocation Process, and the General Registration Period including, without
limitation: (a) the ability or inability of a registrant to obtain a
Registered Name during these periods, and (b) the results of any dispute made
during the limited industry launch or over a Sunrise Registration. (3.8.7)
Acknowledge and agree that the Registry and Registry Services
Provider, acting in consent with the Registry, reserves the right to deny,
cancel or transfer any registration that it deems necessary, in its discretion
(i) to protect the integrity and stability of the registry; (ii) to comply
with all applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process; (iii) to avoid
any liability, civil or criminal, on the part of the Registry as well as its
affiliates, subsidiaries, officers, directors, representatives, employees, and
stockholders; (iv) for violations of the terms and conditions herein; or (v)
to correct mistakes made by the Registry or any registrar in connection with a
domain name registration, and the Registry also reserves the right to freeze a
Registered Name during resolution of a dispute. (3.8.8.)
Acknowledge and agree that they must comply with the requirements,
standards, policies, procedures and practices set forth in the dotmobi Style
Guide (www.mtld.mobi) and consent to the monitoring of the website as
described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for
compliance with the Style Guide. Furthermore, Registrant acknowledges and
agrees that this Style Guide is subject to modification by the Registry with
any such changes appearing at the previously designated URL, and that
Registrant must promptly comply with any such changes in the time allotted.
(3.8.9)
Acknowledge and agree that Proxy or Proxy Registrations will not
be allowed during the Sunrise Period, the Limited Industry Launch and the
Premium Name Allocation and Auction Period, and in such an instance will
constitute a material breach to this contract. (3.9.1)
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$7.88
Standard 1 Year Domain
Registration with Email Forwarding, Domain Forwarding, and DNS Management Tools
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