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This Registration
Agreement ("Agreement") sets forth the terms and conditions
of your use of sgDomain Networks Pte. Ltd.'s ("sgDomain")
domain name registration services to register an Internet
domain name, your registration of that domain name, as well
as other sgDomain domain name related services. In this Agreement
"you" and "your" refer to each customer and "we", "us" and
"our" refer to sgDomain. This Agreement explains our obligations
to you, and explains your obligations to us for various sgDomain
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 it to purchase or otherwise
acquire access to additional sgDomain service(s) or to cancel
your sgDomain service(s) (even if we were not notified of
such authorization), this Agreement covers such service or
actions. By using the service(s) provided by sgDomain under
this Agreement, you acknowledge that you have read and agree
to be bound by all terms and conditions of this Agreement,
the accompanying dispute policy and any pertinent rules or
policies that are or may be published by sgDomain.
This Agreement
will become effective when accepted by sgDomain. sgDomain
may elect to accept or reject your domain name registration
application for any reason at its sole discretion, such rejection
including, but not limited to, rejection due to a request
for registration of a prohibited domain name.
1. Our Services:
All
domain name registrations we register for TLDs are not effective
until we have delivered the domain name registration information
you provide us to the registry administrator for the TLDs,
as applicable, and the registry administrator puts into effect
your domain name registration. Currently, the registry administrator
for the .com, .net and .org TLDs is Network Solutions, Inc.
You agree
and acknowledge that sgDomain is not liable or responsible
in any way for any errors, omissions or any other actions
by the registry administrator arising out of or related to
your application and receipt of, or failure to receive, a
domain name registration.
You further
agree to indemnify, defend and hold harmless the registry
administrator and its directors, officers, employees, and
agents from and against any and all claims, damages, liabilities,
costs, and expenses (including any direct, indirect, incidental,
special or consequential damages and reasonable legal fees
and expenses) arising out of, or related to, your domain name
registration.
2. What We Do Not Do:
We
cannot and do not check to see whether the domain name you
select, or the use you make of the domain name, infringes
legal rights of others or is in violation of the registrar registration policy. We urge you to investigate to see
whether the domain name you select or its use infringes legal
rights of others, and in particular we suggest you seek advice
of competent counsel. You may wish to consider seeking one
or more trademark registrations in connection with your domain
name. You should be aware that there is the possibility we
might be ordered by a court to cancel, modify, or transfer
your domain name. You should also be aware that if we are
sued or threatened with lawsuit in connection with your domain
name, we may turn to you to hold us harmless and to indemnify
us.
The registrars reserve their rights to delete a domain name if the registrant is found in breach of their terms and conditions. In such events, no refunds will be made by sgDomain for the registration fees paid.
3. Fees:
As
consideration for the domain name registration services and/or
other services provided by sgDomain to you, you agree to pay
sgDomain, prior to the effectiveness of the desired domain
name registration, the applicable service(s) fees for the
initial registration of the domain name and, should you choose
to renew the registration, subsequent renewals of the registration.
All fees are non-refundable, in whole or in part, even if
your domain name registration is suspended, cancelled or transferred
prior to the end of your then current registration term. Your
requested domain name will not be registered unless we receive
actual payment of the registration fee, or reasonable assurance
of payment of the registration fee from some other entity
(such reasonable assurance as determined by sgDomain in its
sole discretion). As further consideration for the sgDomain
service(s), you agree to: (1) provide certain current, complete
and accurate information about you as required by the registration
process and (2) maintain and update this information as needed
to keep it current, complete and accurate. All such information
shall be referred to as account information ("Account Information").
In the event of a charge back by a credit card company (or
similar action by another payment provider allowed by us)
in connection with the payments of the registration fee for
your domain name registration, you agree and acknowledge that
the domain name registration shall be transferred to sgDomain
as the paying entity for that registration to the registry.
We will reinstate your domain name registration solely at
our discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current reinstatement
fee, currently set at US$250. You will be notified via an
email message or via your account information when renewal
fees are due. Should these fees go unpaid within the time
specified in a second notice or reminder regarding renewal,
your registration will be cancelled. Payment must be made
by credit card or such other method as we may indicate in
the registration application or renewal form. We will renew
your name for you provided your credit card or other billing
information is available and up to date, unless you instruct
us otherwise within the time specified. If your billing information
is not accurate and you wish to renew your domain name registration,
we will contact you to update this information and charge
you accordingly.
4. Domain Name Dispute Policy:
If you request,
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 ICANN Uniform Dispute Policy ("Dispute Policy")
which can be found at http://www.sgdomain.com/disputepolicy.html.
Certain disputes, as specified in the Dispute Policy, are
subject to that Policy. 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 in
the Dispute Policy in effect at the time your domain name
registration is disputed by the third party. You also agree
that, in the event a domain name dispute arises with any third
party, you will indemnify and hold sgDomain harmless pursuant
to the terms and conditions contained in the Dispute Policy.
5. Transfer to another Registrar:
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 sgDomain. Your request to transfer to another registrar
may be denied in situations described in the Dispute Policy,
including, but not limited to: a dispute over the identity
of the domain name holder; bankruptcy; and default in the
payment of any fees. You have the ability to prevent a transfer
to another Registrar by placing a Registrar Lock ("lock")
on your domain. By having a lock status on your domain, you
are providing express objection to any and all transfer requests
issued from another Registrar. Should you choose to transfer
to another Registrar, you must log into your account and remove
the lock prior to our receipt of the transfer request from
the gaining Registrar.
6. Modifications to sgDomain's Registration Agreement
and Dispute Policy:
You
agree, during the period of this Agreement, that we may: (1)
revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. Any such
revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s)
on sgDomain's web site, or on notification to you by e-mail
or Singapore mail. You agree to review sgDomain's web site,
including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the Agreement,
you may terminate this Agreement at any time by providing
us with notice by e-mail at nic@sgdomain.com or Singapore
mail at the addresses listed at http://www.sgdomain.com/contact.html.
Notice of your termination will be effective on receipt and
processing by us. You agree that, by continuing to use the
sgDomain services following notice of any revision to this
Agreement or change in service(s), you abide by any such revisions
or changes. You further agree that we, in our sole discretion,
may modify our Dispute Policy at any time. Your continued
use of the domain name registered to you shall constitute
your acceptance of this Agreement and the Dispute Policy with
the new modifications. You acknowledge that if you do not
agree to any of such changes, you may request that your domain
name registration be cancelled or transferred to a different
domain name registrar. You agree that such cancellation or
request for transfer will be your exclusive remedy if you
do not wish to abide by any changes to this Agreement or the
Dispute Policy.
7. Account Information and Its Use:
a.
Information You Are Required to Submit. As part of the
registration process, you are required to provide certain
information and to update this information promptly as needed
to keep it current, complete and accurate. The information
you are obligated to provide in connection with the domain
name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address,
e-mail address, voice telephone number, and where available,
fax number; and
iii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the billing contact
for the domain name; and
iv. Valid payment information
You agree and acknowledge that when you renew your domain
name registration, the type of information you are required
to provide may have changed. If you do not wish to provide
the new required information, your registration may not be
renewed.
All other information which we may request from you at registration
is voluntary. However, not providing the requested information
may prevent you from obtaining all products and services made
available to domain name registrants by us, other than registration
of the domain name.
b. Additional Information Maintained About Your Registration.
In addition to the information you provide, we maintain records
relating to your domain name registration. These records may
include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application
to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and related
correspondence between you and us;
iv. Records of account for your domain name registration,
including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the technical contact
for the domain name;
viii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the zone contact
for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding
all other activity between you and us and third parties relating
to your domain name registration and related services.
c. Your Obligations Relating to the Account Information.
In the event that, in registering the domain name, you are
providing information about or on behalf of a third party,
you hereby represent that you have (a) provided notice to
that third party of the disclosure and use of that party's
information as set forth in this Agreement, and (b) that you
have obtained that third party's express consent to the disclosure
and use of that party's information as set forth in this Agreement.
By registering a name or applying for services you also represent
that the statements in its application are true and you also
represent that the Domain Name is not being registered for
any unlawful purpose.
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 sufficient basis for
cancellation of your domain name registration. You further
agree that your failure to respond for over ten (10 ) calendar
days to inquiries by sgDomain concerning the accuracy of contact
details associated with your registration shall constitute
a material breach of this Agreement and will be sufficient
basis for cancellation of your domain name registration.
d. Privacy Policy: Disclosure and Use of Registration Information.
You agree and acknowledge that sgDomain will make available
domain name registration information you provide or that we
otherwise maintain to ICANN, to the registry administrator(s),
and to other third parties as ICANN and applicable laws may
require or permit. You further agree and acknowledge that
sgDomain 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 for targeted marketing
and other purposes as required or permitted by ICANN and applicable
laws.
Additionally, you acknowledge that ICANN may establish
guidelines, limits and/or requirements that relate to the
amount and type of information that sgDomain may or must make
available to the public or to private entities, and the manner
in which such information is made available.
You hereby
consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or 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 and other information
by sgDomain.
You may
access your domain name registration information in our possession
to review, modify or update such information, by accessing
your account at our web site (http://www.sgdomain.com), or
via a similar service. In order to change any of your account
information with us, you must use your Account Identifier
and Password that you selected when you opened your account
with us. Please safeguard your Account Identifier and Password
from any unauthorized use. You agree that any person in possession
of your Account Identifier and Password will have the ability
and your authorization to modify your account information.
In no event will we be liable for the unauthorized use or
misuse of your Account Identifier or Password. sgDomain will
take reasonable precautions to protect the information it
obtains from you from our loss, misuse, unauthorized access
or disclosure, alteration or destruction of that information.
8. Ownership of Information and Data:
You agree and acknowledge that sgDomain owns all database,
compilation, collective and similar rights, title and interests
worldwide in our domain name database, and all information
and derivative works generated from the domain name database.
You further agree and acknowledge that we own the following
information for those registrations for which we are the registrar:
(a) the original creation date of the registration, (b) the
expiration date of the registration, (c) the name, postal
address, e-mail address, voice telephone number, and where
available fax number of all contacts for the domain name registration,
(d) any remarks concerning the registered domain name that
appear or should appear in the WHOIS or similar database,
and (e) any other information we generate or obtain in connection
with the provision of domain name registration services, other
than the domain name being registered, the IP addresses of
the primary nameserver and any secondary nameservers for the
domain name, and the corresponding names of those nameservers.
sgDomain does not have any ownership interest in your specific
personal registration information outside of its rights in
our domain name database.
9. Agents and Licenses:
You agree
that, if you are registering a domain name for or on behalf
of someone else, you represent that you have the authority
to nonetheless bind that person as a principal to all terms
and conditions provided herein, including the Dispute Policy.
You agree
that if you license the use of the domain name registered
to you to a third party, you nonetheless remain the domain
name holder of record, and remain responsible for all obligations
under this Agreement, including but not limited to payment
obligations, and providing (and updating, as necessary) both
your own full contact information, and accurate technical,
administrative, billing and zone contact information adequate
to facilitate timely resolution of any problems that arise
in connection with the domain name and domain name registration.
10. Announcements:
We reserve
the right to distribute information to you that is pertinent
to the quality or operation of our services and those of our
service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security
or to enhance your identity on the Internet
11. Limitation of Liability:
YOU AGREE THAT SGDOMAIN WILL NOT BE LIABLE FOR ANY (1)
SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR
NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION
OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE
DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY
RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS
BEYOND SGDOMAIN'S CONTROL; (8) THE PROCESSING OF THIS APPLICATION;
(9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE
OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10)
APPLICATION OF THE DISPUTE POLICY. SGDOMAIN ALSO 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 SGDOMAIN HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL SGDOMAIN'S MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION
OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN ONE HUNDRED
SINGAPORE DOLLARS ($100.00). 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.
12. Indemnity:
You agree to release, indemnify, and hold all Registry Operators,
sgDomain, their contractors, agents, employees, officers,
directors and affiliates harmless from all liabilities, claims
and expenses, including attorney's fees, of third parties
relating to or arising under this Agreement, the sgDomain
services provided hereunder or your use of the sgDomain services,
including without limitation infringement by you, or someone
else using any sgDomain service with your computer, of any
intellectual property or other proprietary right of any person
or entity, or from the violation of any sgDomain operating
rule or policy relating to the service(s) provided. When sgDomain
is threatened with suit by a third party, sgDomain may seek
written assurances from you concerning your promise to indemnify
sgDomain; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may
result in deactivation of your domain name. This indemnification
is in addition to any indemnification required under the Dispute
Policy.
13. Representations and Warranties:
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF,
NEITHER THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER
IN WHICH IT IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL
RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT
THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR
DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION
SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT
REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME
REGISTRAR IN THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT,
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS
DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT
LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING,
SGDOMAIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER
THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION
OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SGDOMAIN'S E-MAIL FORWARDING
OR OTHER EMAIL 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. SGDOMAIN MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM SGDOMAIN OR THROUGH
THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
14. Breach and Revocation:
sgDomain reserves the right to suspend, cancel, transfer or
modify your domain name registration or suspend, cancel or
modify other services we provide in the event (a) you materially
breach this Agreement (including the Dispute Policy) and do
not cure such breach within thirty (30) days of notice by
sgDomain, (b) you use the domain name registered to you to
send unsolicited commercial advertisements in contradiction
to either applicable laws or customary acceptable usage policies
of the Internet, (c) you use your domain name in connection
with unlawful activity, or (d) grounds arise for such suspension,
cancellation, transfer or other modification as provided for
in this Agreement. You further acknowledge and agree that
your registration of a domain name is subject to suspension,
cancellation or transfer by any ICANN procedure, by any registrar
(including sgDomain) or registry administrator procedures
approved by an ICANN-adopted policy, (1) to correct mistakes
by sgDomain, another registrar or the registry administrator
in administering the name or (2) for the resolution of disputes
concerning the domain name.
You also
agree that sgDomain shall have the right in its sole discretion
to suspend, cancel, transfer or otherwise modify a domain
name registration upon seven (7) calendar days prior written
notice, or at such time as sgDomain receives a properly authenticated
order from a court of competent jurisdiction, or arbitration
award, requiring the suspension, cancellation transfer or
modification of the domain name registration.
15. Right Of Refusal:
We, in our
sole discretion, reserve the right to refuse to register or
reserve your chosen domain name or register you for other
sgDomain service(s), or to delete your domain name within
thirty (30) calendar days from receipt of your payment for
such services. In the event we do not register or reserve
your domain name or register you for other sgDomain service(s),
or we delete your domain name or other sgDomain service(s)
within such thirty (30) calendar day period, we agree to refund
your applicable fee(s). You agree that we shall not be liable
to you for loss or damages that may result from our refusal
to register or reserve, or delete your domain name or register
you for other sgDomain service(s)
16. Governing Law:
Except as otherwise set forth in the Dispute Policy with respect
to disputes, this Agreement, your rights and obligations and
all actions contemplated by this Agreement shall be governed
by the laws of the Republic of Singapore. Except as otherwise
set forth in the Dispute Policy with respect to disputes,
any action to enforce this Agreement or any matter relating
to your use of the sgDomain site shall be brought exclusively
in the Republic of Singapore District Court, or if there is
no jurisdiction in such court, then in a High court in Singapore.
17. Notices:
You agree that any notices required to be given under this
Agreement by sgDomain to you will be deemed to have been given
if delivered in accordance with the contact information you
have provided.
18. Infancy:
You attest that you are of legal age to enter into this Agreement.
19. General:
This Agreement, the Dispute Policy, together with all modifications,
constitute the complete and exclusive agreement between you
and sgDomain, and supersede and govern all prior proposals,
agreements, or other communications. Nothing contained in
this Policy shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties. The
failure of sgDomain 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 sgDomain 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 Policy 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
Policy unenforceable or invalid as a whole. sgDomain 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 sgDomain as reflected in
the original provision. This Agreement, sgDomain's Disclaimer
and the Dispute Policy may not be amended or modified by you
except by means of a written document signed by both you and
an authorized representative of sgDomain.
20. Additional Registry Requirements
Listed below are additional contractual requirements that
you, the registrant, must agree to should you desire to register
a domain name in these registries.
- (.TV, .CC, .BZ, and .WS) In addition to the
terms set forth above, the following terms shall apply to
registrants of .tv, .cc, .bz, and .ws domain names. Your
registration of a domain name in the .TV, .CC, .BZ, or .WS
top-level domain ("New TLD Domain Name"), is subject to
policies established or revised from time to time by the
registry for such New TLD Domain Name ("New TLD Registry"),
in its capacity as the registry for its respective Top Level
Domain. Each respective New TLD Registry's current policies
("New TLD Registry Policies") are available for you to review
at each New TLD's respective website. You agree to be bound
by and comply with the applicable New TLD Registry Policies,
including amendments and modifications thereto, with respect
to your New TLD Domain Name registration. Such policies
shall not alter the terms and conditions of this Agreement.
To the extent there is a conflict between the New TLD Registry
policies and the terms of this Agreement, the terms of this
Service Agreement shall prevail. You agree that the New
TLD Registry has the right to enforce the New TLD Registry
Policies.
- (.INFO) Should you seek to register a .INFO
second level domain name you, the registrant, must also
agree to the following terms:
- Registrant consents to the use, copying, distribution,
publication, modification, and other processing of Registered
Domain Name Holder's Personal Data by Afilias, the .INFO
Registry Operator, and its designees and agents in a
manner consistent with the purposes specified pursuant
in its contract.
- Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Name Dispute Policy (UDRP) and
comply with the requirements set forth by Afilias for
domain names registered during the Sunrise Period, including
the mandatory Sunrise Dispute Resolution Policy. These
policies are subject to modification.
- Registrant agrees to immediately correct and update
the registration information for the Registered Name
during registration term for the Registered Name, failure
to correct this information shall constitute a breach
of this Agreement.
- Registrant acknowledges that Afilias, the registry
operator for .INFO, 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.
- Registrar and Afilias, the registry operator for
.INFO, expressly reserve the right to deny, cancel or
transfer any registration that it deems necessary, in
its discretion, to protect the integrity and stability
of the registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or
to avoid any liability, civil or criminal, on the part
of Registrar and/or Afilias as well as their affiliates,
subsidiaries, officers, directors and employees. Registrar
and Afilias also reserve the right to freeze a domain
name during resolution of a dispute.
- (.BIZ) Should you seek to register a .BIZ second
level domain name you, the registrant, must also agree to
the following terms:
- BIZ
RESTRICTIONS. Registrations in the .biz TLD must be
used or intended to be used primarily for bona fide
business or commercial purposes. For purposes of the
.biz Registration Restrictions ("Restrictions"), "bona
fide business or commercial use" shall mean the bona
fide use or bona fide intent to use the domain name
or any content, software, materials, graphics or other
information thereon, to permit Internet users to access
one or more host computers through the DNS:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or
property of any kind; or, b) the ordinary course of
trade or business.Registering a domain name solely for
the purposes of
i. selling, trading or leasing the domain name for compensation,
or ii. the unsolicited offering to sell, trade or lease
the domain name for compensation shall not constitute
a"bona fide business or commercial use" of that domain
name.
- BIZ
CERTIFICATION. As a .biz domain name registrant, you
hereby certify to the best of your knowledge that:
The registered domain name will be used primarily for
bona fide business or commercial purposes and not
i. exclusively for personal use; or
ii. solely for the purposes of
a. selling, trading or leasing the domain name for compensation,
or
b. the unsolicited offering to sell, trade or lease
the domain name for compensation. For more information
on the .biz restrictions, which are incorporated herein
by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
1. The domain name registrant has the authority to enter
into the registration agreement; and
2. the registered domain name is reasonably related
to the registrant's business or intended commercial
purpose at the time of registration.
- PROVISION OF REGISTRATION DATA.
a) Provision of Registration Data. As part of the registration
process, you are required to Provide us with certain
information and to 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 nameserver(s)
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 billing contact
for the domain name; and (viii) any remark concerning
the registered 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/Registry
Policy and may be sold in bulk in accordance with the
ICANN Agreement.
b) Inaccurate or Unreliable Data. You hereby represent
and warrant that 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
the information provided up to date. Your willful provision
of inaccurate or unreliable information, your willful
failure promptly to update information provided to us,
or any failure to respond for over five calendar days
to our inquiries addressed to the e-mail address of
the administrative, billing or technical contact then
appearing in the Whois directory with respect to an
domain name concerning the accuracy of contact details
associated with any registration(s) or the registration
of any domain name(s) registered by or through you or
your account, shall constitute a breach of this Agreement.
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 any ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a .biz domain name through us, you agree to be bound
by our current domain name dispute policy that is incorporated
herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with that
policy. In addition, you hereby acknowledge that you
have read and understood and agree to be bound by the
terms and conditions of the following documents, as
they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy,
available at http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"),
available at http://www.neulevel.com/countdown/stop.html;
and
(iii) The Restrictions Dispute Resolution Criteria and
Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection
with a dispute between a registrant of a .biz domain
name ("Registrant") with any third party (other than
Registry Operator or Registrar) over the registration
or use of a .biz domain name registered by Registrant
that is subject to the Intellectual Property Claim Service.
The Intellectual Property Claim Service a service introduced
by Registry Operator to notify a trademark or service
mark holder ("Claimant") that a second-level domain
name has been registered in which that Claimant claims
intellectual property rights. In accordance with the
STOP and its associated Rules, those Claimants will
have the right to challenge registrations through independent
ICANN-accredited dispute resolution providers. The UDRP
sets forth the terms and conditions in connection with
a dispute between a Registrant and any party other than
the Registry Operator or Registrar over the registration
and use of an Internet domain name registered by Registrant.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other
than the Registry Operator or Registrar over the registration
and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business
or commercial purposes shall be enforced on a case-by-case,
fact specific basis by an independent ICANN-accredited
dispute provider. None of the violations of the Restrictions
will be enforced directly by or through Registry Operator.
Registry Operator will not review, monitor, or otherwise
verify that any particular domain name is being used
primarily for business or commercial purposes or that
a domain name is being used in compliance with the SUDRP
or UDRP processes.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree
that we, in our sole discretion, may modify our dispute
policy. We will post any such revised policy on our
Web site at least thirty (30) calendar days before it
becomes effective. You agree that, by maintaining the
reservation or registration of your domain name after
modifications to the dispute policy become effective,
you have agreed to these modifications. You acknowledge
that if you do not agree to any such modification, you
may terminate this Agreement. We will not refund any
fees paid by you if you terminate your Agreement with
us.
- DOMAIN NAME DISPUTES. You agree that, if your use
of our domain name registration services is challenged
by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time
of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions
set forth below in this Agreement. If we are notified
that a complaint has been filed with a judicial or administrative
body regarding your use of our domain name registration
services, you agree not to make any changes to your
domain name record without our prior approval. We may
not allow you to make changes to such domain name record
until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification
by you and the other party contesting your registration
and use of our domain name registration services that
the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your
registration and use of our domain name registration
services, we may deposit control of your domain name
record into the registry of the judicial body by supplying
a party with a registrar certificate from us.
- RESERVATION OF RIGHTS. sgDomain and the .biz Registry
Operator, NeuLevel, Inc. expressly reserve the right
to deny, cancel or transfer any registration that it
deems necessary, in its discretion, to protect the integrity
and stability of the registry, to comply with any applicable
laws, government rules or requirements, requests of
law enforcement, in compliance with any dispute resolution
process, or to avoid any liability, civil or criminal,
on the part of sgDomain Networks Pte. Ltd. and/or NeuLevel,
Inc., as well as their affiliates, subsidiaries, officers,
directors and employees. sgDomain Networks Pte. Ltd.
and NeuLevel, Inc. also reserve the right to freeze
a domain name during resolution of a dispute.
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