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GreatDomainia.com
Terms Of Service
GreatDomainia.com, (hereinafter "GreatDomainia.com")
is affiliated with an accredited registrar by the Internet
Corporation for assigned Names and Numbers ("ICANN").
This Registration Agreement, ("Agreement"), sets
forth
the terms and conditions agreed to between you (whether directly
or through your agent, or as an agent for another person or
entity), and GreatDomainia.com, relating to the registration,
renewal, transfer, or modification of one or more .com. .net,
.org, .info, or .biz Top Level Domain Name ("TLD's")
in both roman-alphabet languages and non-roman
alphabet languages (e.g. Japanese, Korean, Chinese Traditional
and Chinese Simplified). In this Agreement, "Registrar",
"we", "us", and "our" shall
refer to GreatDomainia.com and "Registrant", "you",
"your", or "Customer"
shall refer to the person or entity that is using GreatDomainia.com
registration services.
You (whether
directly or through your agent, or as an agent for another
person or entity) acknowledge that you have read, understood
and agree to be bound by all the terms and conditions of this
Agreement.
1.
FEES
You agree that upon submission of your domain name registration
application, domain name renewal application, or registrar
transfer application, to pay us our then current service fees
as set forth in our price schedule. We reserve the right to
prospectively change our fees or to institute new fees at
any time, for any reason, at our sole discretion and you agree
to be bound by any fee increase. You agree to pay all value
added, sales and other taxes (other than taxes based on GreatDomainia.com’s
income) related to GreatDomainia.com’s services or payments
made by you hereunder.
1.1
Fees are Non-Refundable.
All fees are due at the time of registration and are non-refundable,
in whole or in part, even if the domain name registration
is suspended, cancelled or transferred prior to the end of
the registration term.
1.2
Renewal Notice and Fees.
You will be notified via email that renewal fees are due at
least thirty (30) days prior to the expiration date of a domain
name registration. You will receive additional notifications
as the expiration date approaches. All emails will be sent
to the email address of the domain name account holder and
the billing contact. You are required to keep the email address
of the domain name account holder and the billing contact
current. We are not responsible for the loss or misdirection
of the email expiration notices, including but not limited
to, emails lost due to an invalid email address in
our system, a spam filter on the mail server, or any other
impediment to delivery. Emails are sent as a courtesy only-
the responsibilty of renewing a domain lies solely with the
account holder and/or registrant of the domain. Any renewal
of our services is subject to our then current terms and conditions,
the payment of all applicable service fees at the time of
renewal, and the domain name registry's acceptance of the
renewal of your domain name registration.
5 days
prior to expiration, your domain will be placed on hold status,
in preparation for release. This will result in websites and
email not resolving for those 5 days. After this period, should
you fail to renew or cancel your domain name registration
by the expiration date, your domain name registration shall
AUTOMATICALLY EXPIRE and you shall lose all rights in and
to the expired domain name. Expired domain names are routinely
deleted on a regular basis. There is no grace period and under
no circumstances will ItsYourDomain.com be able to renew the
domain after the automatic expiration.
Although
you will no longer be able to renew your expired domain name,
you can attempt to re-register the expired domain name.1.3
Credit Card Charge Backs. In the event of a charge back by
a credit card company or other non-payment by you in connection
with your registration, renewal, or registrar transfer fee,
you acknowledge and agree that the domain name registration
shall be transferred to GreatDomainia.com, that GreatDomainia.com
shall be deemed the entity that paid the registration, renewal,
or transfer fee, and that GreatDomainia.com shall have all
rights regarding such domain name including, but not limited
to, the right to sell the domain name to a third party. GreatDomainia.com
may, in its sole discretion, reinstate your domain name registration
upon its receipt of the registration or renewal fee and a
US $200 reinstatement fee.
2.
REGISTRATION INFORMATION
You acknowledge and agree that in order for us to provide
you domain name registration and related services, you must
provide us with certain information and that we will maintain
certain information about you and your registration.
2.1
Required Information
During the domain name registration process, you must provide
us the following ICANN required information:
(a) The domain name being registered;
(b) The IP addresses and the names of the primary nameserver
and the secondary nameserver for the domain name;
(c) Your full name (or the name of the authorized person for
contact purposes if the domain holder is an organization,
association, or corporation), postal address, email address,
voice telephone number, and fax number (if available) of the
administrative contact for the domain name;
(d) The full name, postal address, email address, voice telephone
number, and where available, fax number for the administrative
contact, technical contact and billing contact for the domain
name.
You acknowledge
and agree to immediately correct and update the registration
information for any domain name registered hereunder during
the registration term for such registered domain name.
You also
acknowledge and agree that when you renew a 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,
we, in our discretion, may not renew your registration.
2.2
Additional Registration Information
In addition to the information you are required to provide
in clause 2.1 of this Agreement, we maintain additional information
relating to your domain name registration, including:
(a) the original creation date of a domain name registration,
renewal or request for service;
(b) the submission date and time of a registration or renewal
application to us and by us to the appropriate registry;
(c) communications constituting registration orders, renewals,
modifications, or terminations and related correspondence;
(d) records of account, including dates and amounts of all
payments;
(e) the expiration date of the registration; and
(f) other information regarding all other activity between
you and us regarding your domain name registration and related
services.
2.3
Disclosure of Third Party Information
If in applying for the registration of a domain name you are
providing information about a third party, or if you license
a domain name registered in your name to a third party, you
hereby represent and warrant 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.
2.4
Obligation To Provide Accurate Information
You acknowledge and agree that any of the following actions
or in-actions shall constitute a material breach of this Agreement
and shall be a sufficient basis for cancellation of your domain
name registration:
(a) your willful provision of inaccurate or unreliable information;
(b) your willful failure to promptly update information you
provided to us,
or
(c) your failure to respond for over ten (10) calendar days
to our inquires concerning the accuracy of contact details
associated with your domain name registration.
2.5
Security
Our system utilizes 128 bit encryption technology to send
and receive information pertaining to the registration, renewal,
and transfer of a domain name.
2.6
Disclosure and Use of Information
GreatDomainia.com will take reasonable precautions to protect
personal information obtained from Registrant from loss, misuse,
unauthorized access or disclosure, alteration or destruction.
ICANN
requires all accredited domain name registrars to make domain
name registration information available in bulk form to third
parties who agree not to use it to (i) allow, enable or otherwise
support the transmission of mass unsolicited, commercial advertising
or solicitations via e-mail (spam) or (ii) enable high volume,
automated, electronic processes that apply to our systems
to register domain names.
You acknowledge,
consent and agree that the information you provided GreatDomainia.com
in the domain name registration application will be: (i) transmitted
to the registry or registry administrator for registry use;
(ii) made publicly available as required by ICANN; and (iii)
used by GreatDomainia.com for inclusion in databases produced
and used by
GreatDomainia.com.
We agree
that we will not process any Personal Data collected from
you, if any, in a way that is incompatible with the purposes
and other limitations set forth in this Agreement.
Except
for the ICANN required third-party bulk access, GreatDomainia.com
does not sell or intend to sell access to the information
it collects and maintains during the domain name registration
process.
3.
DOMAIN NAME DISPUTE POLICY
You agree to be bound by our Domain Name Dispute Policy (the
"Dispute Policy"), as amended from time to time,
which is hereby incorporated and made a part of this Agreement
by reference. The current Dispute Policy can
be found at: https://secure.onlineaccess.net/cart/registerdisputepolicy.php?ID=f11aaf4f0d
e1b835ef3d3fa33f86af89==.
3.1
Domain Name Dispute Policy Modifications.
You agree that we, in our sole discretion, may modify our
dispute policy. We will post any modifications to our dispute
policy on our Web site at least thirty (30) calendar days
before it becomes effective. You agree to periodically review
our Web site to be aware of any such modifications. No employee,
contractor, agent or representative of GreatDomainia.com is
authorized to alter or amend the terms and conditions of this
Agreement. Your continued use of GreatDomainia.com as your
domain name registrar or the use of any of GreatDomainia.com's
other domain name services after the modifications to the
Dispute Policy becomes effective, shall constitute your acceptance
of those modifications. If you do not agree to such modifications,
you may terminate this Agreement by written request and your
domain name will be cancelled or you may transfer your domain
name to another registrar. No refunds, in whole or in part,
will be provided for domain names that are cancelled or transferred
to another registrar.
3.2
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. You agree that we will
comply with all court orders, domestic or international, directed
against you and/or the domain name registration.
4.
AGENTS
You agree that, if you are registering, renewing, transferring,
or modifying a domain name for 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 accept
liability for harm caused by wrongful registration, renewal,
transfer or modification of a domain name.
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 using your login name,
account number or password, or otherwise purporting to act
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, and that
he or she is otherwise authorized to act on your behalf. In
addition, you are responsible for any errors made by your
agent.
5.
LICENSE OF DOMAIN NAMES
You agree that if you license the use of our domain name registration
services to a third party, you remain responsible for complying
with all terms and conditions of this Agreement, and you accept
liability for harm caused by such licensee's wrongful use
of our domain name registration services, unless you promptly
disclose the identity of such license upon request by any
person who provides reasonable evidence of actionable harm.
6.
REGISTRAR TRANSFER
Registrant agrees that it can transfer one or more domain
name registration, in accordance with ICANN or registry policy,
from or to GreatDomainia.com. Registrant also acknowledges
and agrees that express authorization from
someone with apparent authority to legally bind the domain
name holder is required before such a transfer can occur.
You can authorize the transfer of a registration to GreatDomainia.com
bycompleting the Registrar Transfer
Application.
You agree
that you shall not transfer your domain name registration
until sixty (60) days have elapsed from the time of initial
domain name registration or renewal. You agree that the transfer
of domain name registrations may be refused if there is a
dispute concerning the domain name or the domain name holder's
identity. You further agree that you shall not transfer your
domain name registration to another registrar if there are
less than thirty (30) days remaining in your registration
term.
7.
OWNERSHIP CHANGE
You may transfer your domain name registration to a third
party of your choice. You agree that in the event you request
the transfer of your domain name ownership, you shall relinquish
the domain name registration being
transferred, release GreatDomainia.com from all of its obligations
under this Agreement, and release GreatDomainia.com from any
and all liabilities, demands, and claims related to such a
transfer of domain name ownership.
8.
MANAGE YOUR DOMAIN NAME REGISTRATION INFORMATION
If you have registered a domain name with GreatDomainia.com
or transferred a domain name to GreatDomainia.com, you may
change any of the domain name registration information at
any time (Click here to change domain name
registration information). You must use the Username and the
Password that you selected when you registered or transferred
your domain name with us. Please safeguard your Username and
Password from any unauthorized use. You must immediately notify
us of any unauthorized use of your Username or Password and
you are responsible for any unauthorized activities, charges
and/or liabilities made on or through your Username or Password.
In no event
will GreatDomainia.com be liable for the unauthorized use
or misuse of your Username or Password.
9.
NO GUARANTY OF REGISTRATION, RENEWAL, OR IMMUNITY FROM OBJECTION
You acknowledge and agree that GreatDomainia.com cannot guarantee
that you will be able to register or renew a desired domain
name because our ability to provide services to you depends
in part upon the provision of services by
third parties, such as a registry. We cannot control and will
not be responsible for the actions or inactions of such third
parties. For example, a registry may reserve the right to
deny, cancel or transfer any domain name registration under
certain circumstances or there may be inaccuracies or errors
in the various WHOIS databases. You acknowledge and agree
that we shall not be liable to you or any other party in connection
with claims, damages, losses, expenses or costs incurred or
suffered by you as a result of actions taken or not taken
by third parties.
You agree
that, by registration of your chosen domain name, such registration
does not confer immunity from objection to either the registration
or use of your domain name.
10.
OWNERSHIP OF INFORMATION
You acknowledge and agree that GreatDomainia.com owns all
database, compilation, collective and similar rights, title
and interests worldwide in our domain name and other proprietary
information databases, and all information and derivative
works generated from those databases.
11.
REPRESENTATIONS and WARRANTIES
You represent and warranty to us that (i) the statements that
you made in connection with the registration, renewal, management,
or transfer of a domain name are complete and accurate, and
that any future changes to this information will be provided
to us in a timely manner; (ii) to the best of your knowledge
and belief, neither the registration of the domain name for
which you have applied for, renewed, managed, or transferred
nor the manner
in which you intend to use the domain name you applied for,
renewed, managed, or transferred, directly or indirectly infringes
upon or otherwise violate the legal or equitable rights of
any third party; (iii) it is your responsibility to determine
whether your domain name registration infringes or violates
someone else's rights; (iv) you are not registering, renewing,
managing, or transferring the domain name for an unlawful
purpose and you will not knowingly use the domain name in
violation of any applicable laws or regulations; (v) you are
of legal age to enter into this Agreement; (vi) you agree
to comply with all applicable laws and regulations and (vii)
you agree that your use of our service(s) is solely at your
own risk and that all of our services are provided on an "as
is," and "as available" basis.
12.
LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy,
with respect to any GreatDomainia.com services provided under
this Agreement and/or for any breach of this Agreement is
solely limited to the amount you paid for
such service(s).
YOU FURTHER
AGREE THAT, REGARDLESS OF CIRCUMSTANCES, GreatDomainia.com
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
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 GreatDomainia.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES RESULTING FROM THE USE OR INABILITY TO USE
ANY OF GreatDomainia.com'S SERVICES OR FOR THE COST OF PROCURING
SUBSTITUTE SERVICES.
If a
jurisdiction does not allow the exclusion or limitation of
liability for consequential or incidental damages, then GreatDomainia.com's
liability for consequential or incidental damages in such
jurisdiction is excluded or limited to the extent permitted
by law.
We disclaim
any and all loss or liability to you, or any other person
or entity, resulting from, but not limited to: (a) Suspension,
loss, or modification of your domain name registration; (b)
Use of your domain name registration; (c) Interruption of
your business; (d) Access delays or access interruptions to
any web sites accessed by your registered domain name; (e)
Non-delivery, mis-delivery, corruption, destruction or other
modification of data; (f) Processing your domain name application
or other service application; (g) Application of our Dispute
Policy or any other ICANN (or similar governmental or successor
organization) adopted policies; (h) Any errors, omissions
or other actions by the registry administrator arising out
of or related to your domain name application, registration,
renewal, transfer, or failure to register, renew, or transfer
a domain name; (i) Unauthorized use or misuse of your Account
Name or Password; (j) 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, renewal, or transfer
fee; (k) Deletion of or failure to store e-mail messages;
or (l) Acts of God and events beyond GreatDomainia.com's reasonable
control.
13.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) IS SOLELY AT YOUR
OWN RISK. THE SERVICES WE PROVIDE TO YOU ARE ON AN "AS
IS," AND "AS AVAILABLE" BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION
WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT. . 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 OUR SERVICE(S). FURTHER, GreatDomainia.com 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 USE, OR FROM SUSPENSION, CANCELLATION OR TRANSFER
OF THE DOMAIN NAME REGISTERED TO YOU. TO THE EXTENT JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14.
INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless
GreatDomainia.com and the applicable registry administrator
and their directors, officers, employees, agents, and affiliates
from and against any and all claims, loss,
damages, liabilities, costs, and expenses (including reasonable
legal fees and expenses) arising out of any and all third
party claims, actions, suits, or demands that are related
to or arise out of (a) this Agreement or the breach of your
warranties, representations and obligations under this Agreement;
(b) the GreatDomainia.com services or your use of such services;
(c) any intellectual property or other proprietary right of
any person or entity. This indemnification is in addition
to any indemnification required under the Dispute Policy or
any similar policy. 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.
15.
CHANGES TO THIS AGREEMENT
You acknowledge and agree that the domain name system and
the practice of registering and administering domain names
are evolving, and therefore you agree that GreatDomainia.com,
in its sole discretion, may modify this
Agreement, from time to time, to comply with any additional
rules or policies that may be required under GreatDomainia.com's
ICANN agreement, or to adjust to changing business circumstances.
We will
post any modifications to this Agreement on our Web site at
least thirty (30) calendar days before it becomes effective.
You agree to periodically review our Web site to be aware
of any such modifications. No employee, contractor, agent
or representative of GreatDomainia.com is authorized to alter
or amend the terms and conditions of this Agreement. Your
continued use of GreatDomainia.com as your domain name registrar
or the use of any of GreatDomainia.com's other domain name
services after modification(s) to this Agreement becomes effective,
shall constitute your acceptance of the modification(s). If
you do not agree to such a modification, you may request in
writing that your domain name be cancelled or transferred
to another registrar. No refunds, in whole or in part, will
be provided for domain names that are cancelled or transferred
to another registrar.
No provision
of this Agreement or our Dispute Policy, may be amended or
modified by you except by means of a written document signed
by us.
16.
CANCELLATION, SUSPENSION, TRANSFER OR MODIFICATION
You agree that we may cancel, suspend, transfer or modify
your domain name registration services in order to: (i) correct
mistakes made by us or the registry in registering or transferring
your chosen domain name; (ii) to resolve a dispute under our
Dispute Policy; (iii) to abide by any ICANN or registry adopted
policy; or (iv) prevent high volume, automated, electronic,
repetitive queries except as reasonably necessary to register
SLD names or modify existing registrations. If your registration
is cancelled as a result of GreatDomainia.com correcting a
mistake made by us in registering your chosen domain name,
we will refund, in whole, any fees paid by you to GreatDomainia.com.
You also
agree that GreatDomainia.com has the right to suspend, cancel,
transfer, or otherwise modify a domain name registration pursuant
to 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.
You agree
that upon termination or discontinuance for any reason, we
may delete all information related to you on the GreatDomainia.com
service, if applicable.
17.
BREACH AND REVOCATION
You agree that we reserve the right to cancel, suspend, transfer
or modify your domain name registration or other services
if you (i) materially breach this Registration Agreement and
do not cure such breach within 30 calendar
days of notice; (ii) provide false or misleading information,
or conceal or omit any information that we would likely consider
material to our decision to register or renew your domain
name; (iii) use your registered domain name to send unsolicited
commercial advertisements in contravention of applicable laws;
or (iv) you use your domain name in connection with unlawful
activity.
18.
ASSIGNMENT
You shall not assign this Agreement, by operation of law or
otherwise, without our prior written consent. 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.
Subject to that restriction, this Agreement will be binding
on, inure to the benefit of, and be enforceable against the
parties and their respective successors and assigns.
19.
.INFO REGISTRATIONS.
GreatDomainia.com has entered into a Registry-Registrar Agreement
with Afilias Limited ("Registry"), a company organized
under the laws of Ireland, to provide Internet domain name
registration services for the .info Top-Level Domain ("TLD").
In addition to the terms and conditions set forth in this
Agreement, the following terms and conditions shall apply
to the .info domain names: (i) you agree to submit to proceedings
commenced under the Sunrise Dispute Resolution Policy ("SDRP")
(available at http://www.afilias.info/register/dispute_resolution/sunrise_challenge_rules_
revised), as these may be modified from time to time; (ii)
you acknowledge that the .info registry 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 domain name
during these periods, and (b) the results of any dispute over
a "Sunrise Registration"; (iii) your application
for a Sunrise Registration does not provide you with any intellectual
property protections or registrations.
20.
.BIZ REGISTRATIONS
GreatDomainia.com has entered into a Registry-Registrar Agreement
with Neulevel, Inc. ("Registry"), a company headquartered
in Virginia, to provide Internet domain name registration
services for the .biz Top-Level Domain
("TLD"). In addition to the terms and conditions
set forth in this Agreement, the following terms and conditions
shall apply to the .biz domain names:
20.1
Acceptable Usage.
You represent and warrant that: (i) the domain name will be
used primarily for bona fide business or commercial purposes
and not (a) exclusively for personal use or (b) solely for
the purposes of selling, trading or leasing
the domain name for compensation, or the unsolicited offering
to sell, trade or lease the domain name for compensation;
and (ii) the domain name is reasonably related to your business
or intended commercial purpose at the time of registration.
20.2
Acknowledgments Concerning Customer Information.
You also acknowledge and agree that GreatDomainia.com will
share with the .biz registry certain information submitted
by you in your application(s) for our services, as required
by our agreement(s) with the .biz registry or
to provide the services you have applied for. You acknowledge
and agree that any information we share with the .biz registry
may be used by them to fulfill the .biz registry's service
obligations to us or any third party. You hereby grant us
and the .biz registry a limited, royalty-free, non-exclusive
worldwide license to use all of the data contained in a
Trademark
20.3
Acknowledgment of Dispute Policies and Rules.
The registrant acknowledges having read and understood and
agrees to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which
are hereby incorporated and made an
integral part of this Agreement:
(a)The
Start-up Trademark Opposition Policy ("STOP"), available
at
http://www.neulevel.com/countdown/stop.html;
(b) The
Restrictions Dispute Resolution Criteria and Rules, available
at
http://www.neulevel.com/countdown/rdrp.html
21.
MULTILINGUAL REGISTRATIONS
Notwithstanding anything contained herein to the contrary,
you acknowledge and agree as follows: A Multilingual Domain
Name ("MDN") and the underlying encoding schemes,
protocols and other technologies that enable MDNs to
function on the Internet, are currently experimental and have
not necessarily been approved by Internet standard-setting
bodies, including without limitation the Internet Engineering
Task Force, the Multilingual Internet Names Consortium, and
the Internet Architecture Board. We currently are making MDN
registration services available to you as part of our participation
in a test bed ("Test Bed"). The test bed is being
conducted for the purpose of testing proposed standards for
deployment of MDN technology and to provide operational experience
with those proposed
standards.
WE EXPRESSLY
DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE ENCODING SCHEMES,
PROTOCOLS AND OTHER MDN-ENABLING TECHNOLOGIES, WHETHER PROVIDED
BY US OR
OTHERWISE, WILL BE APPROVED BY INTERNET STANDARD-SETTING BODIES
OR OTHERWISE
SUCCESSFULLY DEPLOYED. WE EXPRESSLY DISCLAIM ANY WARRANTY
THAT THE TEST BED
WILL CONTINUE OR THAT OUR MDN REGISTRATION SYSTEM WILL INTEROPERATE
PROPERLY
WITH THE CURRENT OR FUTURE TEST BED OR THE MDN-ENABLING TECHNOLOGIES
OF
OTHERS.
REGISTRANTS
WHO REGISTER A MDN DO SO AT THEIR OWN RISK AND ACKNOWLEDGE
AND
AGREE THAT, UNLESS SPECIFICALLY EXCLUDED, ALL PROVISIONS OF
THIS AGREEMENT
SHALL APPLY TO THE REGISTRATION OF AN MDN.
You assume
all risks inherent in the experimental nature of this service
and the technologies supporting it. The encoding schemes,
protocols and other MDN-enabling technologies are not within
our control and are subject to
change without notice. You assume all risks that such changes
may impair or prevent your ability to use the MDN you have
registered. You further understand and agree that we may interrupt
or deny MDN registration services
to you, temporarily or permanently, as a result of such changes.
You further assume all risks that the Internet addressing
system will not recognize an MDN you have registered or otherwise
will not enable such MDN to function as an Internet address.
We may,
but shall not be obligated to, make any and all modifications
to an MDN registration, including without limitation changing
the MDN's ASCII-based translation, that we deem necessary
or appropriate for the purpose of bringing an MDN registration
into conformance with evolving technical standards. Such modifications
may be made without notice to you. In the event we elect to
make such modifications, you agree to hold us harmless from
any claims, liabilities or demands arising from such modifications.
Before registering an MDN, we strongly recommend that you
review and become familiar with the "Multilingual Domain
Name Position Paper," published. (Click here to view).
You specifically
acknowledge and agree that an MDN shall be considered a domain
name for purposes of the Dispute Policy and the provisions
relating thereto in this Agreement. Notwithstanding anything
to the contrary contained in the Dispute Policy, you agree
that during the Test Bed we may terminate your registration
of an MDN in our sole discretion without notice to you if,
within 45 days of your registration, we receive a formal,
written objection to the registration by any legitimate authority,
including without limitation a trademark owner or governmental
entity. Our right of termination under this provision shall
continue until such time as: (1) It is publicly announced
that the Test Bed is complete; and (2) we determine in our
sole discretion that all of the encoding schemes, protocols
and other
MDN-enabling technologies that are used to provide your MDN
registration services have been approved by appropriate standard-setting
bodies.
22.
GENERAL
Entire Agreement
You agree that this Agreement and the rules and policies incorporated
by reference in this Agreement are the entire, complete and
exclusive agreement between you and us regarding our services
and supersedes all prior agreements and understandings, whether
written or oral, or whether established by custom, practice,
policy or precedent, with respect to the
subject matter of this Agreement.
Relationship
of the Parties
Nothing in this Agreement may be construed as creating the
relationship of agency partnership or joint venture between
the parties.
Waiver
No waiver of any provision of this Agreement shall be effective
unless it is in writing and signed by an authorized representative
of GreatDomainia.com. The remedies of GreatDomainia.com under
this Agreement shall be cumulative and not alternative, and
the election of one remedy for a breach shall not preclude
pursuit of other remedies. The failure of a party, at any
time or from time to time, to require performance of any obligations
of the other party hereunder shall not affect its right to
enforce any provision of this Agreement at a subsequent time,
and the waiver of any rights arising out of any breach shall
not be construed as a waiver of any rights arising out of
any prior or subsequent breach.
Notice
Except as otherwise specifically stated herein, any notices
required to be given under this Agreement will be deemed to
have been given if delivered by email or fax, or sent by certified
mail, return receipt requested, or by Federal Express or other
recognized overnight delivery service to each of the parties
in accordance with the most current contact information you
have provided to us, and the contact information for us that
is posted on the GreatDomainia.com Web site. All notices shall
be effective upon receipt, except that email and fax notices
shall be effective upon transmission.
Location
of Acceptance and Performance
You
agree and acknowledge that any acceptance of your application
for any of our services and the performance of those services
shall occur in Schaumburg, Illinois, the location of our principal
place of business.
Governing
Law
Except as otherwise set forth in the Dispute Policy with respect
to any dispute over your domain name registration, you agree
that this Agreement and your rights, obligation, duties, and
actions contemplated by this Agreement shall be governed in
all respects by, and construed in accordance with the laws
of the State of Illinois, United States of America, without
reference to rules governing choice of laws. Any action relating
to this Agreement and your rights, obligation, duties, and
actions contemplated by this Agreement must be brought in
the United States District Court for the Northern District
of Illinois or in the circuit court of Cook County, Illinois.
Both parties irrevocably consent to the personal jurisdiction,
subject matter jurisdiction, and venue of such courts.
Severability
Registrant agrees that the terms of this Registration Agreement
are severable. If any term or provision is declared invalid,
it shall not affect the remaining terms or provisions, which
shall continue to be binding. Thank you for contacting us.
If you have any further questions or concerns, please don't
hesitate to contact us. |