Registration
Agreement
This Registration
Agreement ("Agreement") sets forth the terms and conditions
of your use of mobile-domains.com domain name registration services
to register an Internet domain name, your registration of that domain
name, as well as other mobile-domains.com domain name related services.
In this Agreement "you" and "your" refer to each
customer and "we", "us" and "our" refer
to mobile-domains.com. This Agreement explains our obligations to you,
and explains your obligations to us for various mobile-domains.com 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
mobile-domains.com service(s) or to cancel your mobile-domains.com 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
mobile-domains.com 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 mobile-domains.com.
This Agreement will
become effective when accepted by mobile-domains.com. mobile-domains.com
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:
mobile-domains.com is an authorized partner of an accredited registrar
with the Internet Corporation for Assigned Names and Numbers ("ICANN")
for Top Level Domain Names (TLDs), currently .com, .net and .org. ICANN
oversees registrations and other aspects of the TLDs. As an accredited
domain name registrar's partner, mobile-domains.com is, upon accepting
your domain name registration application, your sponsor for that application.
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 mobile-domains.com 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.
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.
3. Fees:
As consideration for the domain name registration services and/or other
services provided by mobile-domains.com to you, you agree to pay mobile-domains.com,
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 mobile-domains.com in its sole discretion). As further consideration
for the mobile-domains.com 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 mobile-domains.com 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$200.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.Note
that fees are subject to change without notice.
4. Disclaimer
and 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 mobile-domains.com's current Disclaimer published on our
site ("Disclaimer") and our current Domain Name Dispute Policy
("Dispute Policy") which are incorporated herein and made
a part of this Agreement by reference. The Disclaimer can be found at
http://www.mobile-domains.com/help/disclaimer.htm and the Dispute Policy
can be found at http://www.mobile-domains.com/help/drp.htm. 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 mobile-domains.com 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 mobile-domains.com.
You agree to provide written, signed authorization to mobile-domains.com
for the transfer of the domain name to another registrar and agree to
pay any and all fees that may be charged by mobile-domains.com to effect
the transfer. 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.
6. Modifications
to mobile-domains.com'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 mobile-domains.com's web site, or on notification
to you by e-mail. You agree to review mobile-domains.com'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
supportcenter@mobile-domains.com. Notice of your termination will be effective
on receipt and processing by us. You agree that, by continuing to use
the mobile-domains.com 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 mobile-domains.com
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 mobile-domains.com 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 mobile-domains.com
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 mobile-domains.com 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 mobile-domains.com.
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.mobile-domains.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 you 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. mobile-domains.com 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 mobile-domains.com 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 or transfers
for which we have accepted: (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. mobile-domains.com
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 MOBILE-DOMAINS.COM 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 MOBILE-DOMAINS.COM'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. MOBILE-DOMAINS.COM
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 MOBILE-DOMAINS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL MOBILE-DOMAINS.COM'S MAXIMUM AGGREGATE LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME,
BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). 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 mobile-domains.com, its 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 mobile-domains.com
services provided hereunder or your use of the mobile-domains.com services,
including without limitation infringement by you, or someone else using
any mobile-domains.com service with your computer, of any intellectual
property or other proprietary right of any person or entity, or from
the violation of any mobile-domains.com operating rule or policy relating
to the service(s) provided. When mobile-domains.com is threatened with
suit by a third party, mobile-domains.com may seek written assurances
from you concerning your promise to indemnify mobile-domains.com; 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." 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, MOBILE-DOMAINS.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 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
MOBILE-DOMAINS.COM'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. MOBILE-DOMAINS.COM 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 MOBILE-DOMAINS.COM OR THROUGH THE E-MAIL SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
14. Breach and
Revocation:
mobile-domains.com 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 mobile-domains.com, (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 or registry administrator procedures approved by an ICANN-adopted
policy, (1) to correct mistakes by mobile-domains.com, 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 mobile-domains.com 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 mobile-domains.com 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 mobile-domains.com
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
mobile-domains.com service(s), or we delete your domain name or other
mobile-domains.com 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 mobile-domains.com 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
United States of America and the State of Washington, as if the Agreement
was a contract wholly entered into and wholly performed within the State
of Washington. 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 mobile-domains.com site shall be brought
exclusively in the United States District Court for the Western District
of Washington, or if there is no jurisdiction in such court, then in
a state court in King County.
17. Notices:
You agree that any notices required to be given under this Agreement
by mobile-domains.com 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, mobile-domains.com's Disclaimer and the Dispute Policy,
together with all modifications, constitute the complete and exclusive
agreement between you and mobile-domains.com, 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
mobile-domains.com 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 mobile-domains.com 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. mobile-domains.com 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 mobile-domains.com as reflected in the original provision.
This Agreement, mobile-domains.com'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 mobile-domains.com
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.
(.INFO) Should
you seek to register a .INFO second level domain name you, the registrant,
must 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 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 tosell, 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. mobile-domain.com 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 mobile-domain.com. and/or NeuLevel,
Inc., as well as their affiliates, subsidiaries, officers, directors
and employees. mobile-domain.com and NeuLevel, Inc. also reserve the
right to freeze a domain name during resolution of a dispute.
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