Conditions générales de vente et "registration agreement" de Koncept.COM & Koncept.US

ARTICLE 1 - DEFINITIONS

Nom de domaine : nom composé de chiffres de 0 à 9 et/ou de lettres de A à Z et/ou du signe "-", désignant sur le réseau Internet un site Web et/ou les adresses e-mail affiliées.
Adresse I.P. (Internet Protocol) : série de nombres constituant l'élément d'identification d'une machine sur le réseau Internet.
Le Client : personne physique ou morale ayant formulé une demande de réservation pour un ou plusieurs nom(s) de domaine.
ICANN : L’Internet Corporation for Assigned Names and Numbers (ICANN) est une organisation de droit privé à but non lucratif. Son personnel et ses participants viennent du monde entier. Elle est chargée d’allouer l’espace des adresses de protocole Internet (IP), d’attribuer les identificateurs de protocole, de gérer le système de nom de domaine de premier niveau pour les codes génériques (gTLD) et les codes nationaux (ccTLD), et d’assurer les fonctions de gestion du système de serveurs racines. Ces services étaient initialement assurés dans le cadre d’un contrat avec le gouvernement fédéral américain par l’Internet Assigned Numbers Authority (IANA) et d’autres organismes. L’ICANN assume à présent les fonctions de l’IANA. En tant que partenariat public-privé, l’ICANN a pour mission de préserver la stabilité opérationnelle d’Internet, de promouvoir la concurrence, d’assurer une représentation globale des communautés Internet, et d’élaborer une politique correspondant à sa mission suivant une démarche consensuelle ascendante.
AFNIC : organisme responsable de l'enregistrement des noms de domaine, notamment de type .fr, .tm.fr, .com.fr, .asso.fr, .nom.fr, etc.

ARTICLE 2 - OBJET DU CONTRAT

Le présent contrat a pour objet de fixer les conditions dans lesquelles K N O W S C A P E (via ses site http://www.koncept.com et http://www.secure-koncept.com) offre de procéder à la réservation et à l'enregistrement en ligne de noms de domaine, et ceci afin de permettre à toute personne physique ou morale de s'assurer de la propriété du ou des nom(s) de leur choix, sous réserve de disponibilité.

K N O W S C A P E peut être conduite à modifier sur ses sites les articles des Conditions Générales de Vente et le prix de ses prestations à tout moment.

ARTICLE 3 - PRESTATIONS FOURNIES PAR K N O W S C A P E

3.1 . K N O W S C A P E s'engage à tout mettre en oeuvre via ses fournisseurs DomainPeople, Namebay et Centralnic pour procéder à l'enregistrement, auprès des organismes compétents, du nom de domaine pour lequel le Client lui aura adressé une commande dans les termes et conditions ci-après définies. K N O W S C A P E ne souscrit à ce titre aucune obligation de résultat.
3.2 - Dès l'enregistrement du nom de domaine par les organismes compétents, et sous réserve des délais de propagation dans les bases de données de ces organismes, le Client pourra vérifier l'attribution du nom de domaine notamment par le biais du moteur de recherche whois mis à disposition par l'AFNIC pour les .fr et situé à l'adresse http://www.afnic.fr/outils/whois. Pour les autres extensions, à l'adresse suivante : http://www.whois.sc (Société privée et indépendante de K N O W S C A P E) où sur les WHOIS des différents partenaires accrédités par l'ICANN.
3.3 - L'enregistrement d'un nom de domaine ne constitue en aucun cas une activation de ce nom de domaine et à fortiori pas une souscription à un service d'hébergement.
3.4 - K N O W S C A P E peut offrir, selon l'offre choisie, des prestations complémentaires à l'enregistrement de noms de domaine. La société ne pourra en aucun cas être tenue responsable en cas de défaillances ou coupures survenant sur ces prestations (indisponibilité, pannes, ralentissements, problèmes réseau, etc.), mais s'engage à tout mettre en oeuvre pour assurer une disponibilité et une qualité de service maximales.
3.5 - Concernant les offres avec publicité, K N O W S C A P E conserve le plein droit de modifier à tout moment et sans préavis le format publicitaire utilisé ainsi que la quantité apposée. Les exemples pouvant être fournis sur son site n'ont par conséquence aucune valeur contractuelle.
3.6 - De même, K N O W S C A P E se réserve le droit de retirer, ajouter ou modifier à tout moment toute prestation autre que l'enregistrement du nom de domaine, et ce pour n'importe quelle offre.

ARTICLE 4 - DISPONIBILITE ET ENREGISTREMENT D'UN NOM DE DOMAINE

4.1 . K N O W S C A P E offre sur son site http://www.koncept.com la possibilité d'utiliser un outil permettant d'effectuer une recherche sur la disponibilité d'un ou plusieurs nom(s) de domaine dont l'enregistrement est envisagé.
4.2 - Du fait des délais qui peuvent séparer la recherche de l'enregistrement du nom de domaine envisagé, l'indication par le moteur de recherche de la disponibilité de ce nom ne constitue nullement la garantie de pouvoir effectivement procéder à son enregistrement.
4.3 - La disponibilité d'un nom de domaine et son enregistrement ne sauraient constituer une garantie contre toute revendication de tiers sur tout ou partie de ce nom.

ARTICLE 5 - ACCEPTATION PREALABLE DES REGLES ADMINISTRATIVES ET TECHNIQUES DE NOMMAGE, AINSI QUE DES REGLES DE RESOLUTION DES CONFLITS

5.1 - Toute demande de réservation signifie l'acceptation préalable et sans réserve des règles administratives et techniques de nommage régissant l'enregistrement des noms de domaine et l'acceptation, lorsqu'elles existent, des règles de résolution des conflits pouvant survenir entre le propriétaire du nom de domaine et tout tiers revendiquant des droits sur tout ou partie de ce nom.
5.2 - Les règles administratives et techniques de nommage ainsi que les règles de résolution des conflits afférentes au niveau d'enregistrement sont disponibles sur le site de l'ICANN et/ou de l'AFNIC

5.3 - Pour un nom de domaine en .fr (ou toute extension sur laquelle l'AFNIC a autorité), vous devez impérativement réunir certaines conditions pour le posséder. Plus d'informations sont disponibles en visitant http://www.afnic.fr/obtenir/ouverture.

ARTICLE 6 - PRIX DES SERVICES, PAIEMENT

6.1 - Les tarifs d'enregistrement et de renouvellement d'enregistrement figurent sur le site Internet de Koncept.COM. Ils peuvent varier à tout moment et incluent le cas échéant la taxe sur la valeur ajoutée. Le tarif et les taxes applicables sont ceux en vigueur au jour de l'enregistrement ou du renouvellement de l'enregistrement.
6.2 - Le paiement peut être fait par Carte Bancaire (Visa, Eurocard, Mastercard, Carte Bleue), compte PayPal, Moneybookers, et Rentabiliweb.
6.3 - La procédure d'enregistrement commencera au plus tôt à compter de la réception du numéro et de la date d'expiration de la carte bancaire du Client, ou dès l'encaissement de son chèque bancaire.
6.4 - Le prix total est dû dès la réception de la demande d'enregistrement formulée par le Client. Le prix ne sera pas remboursé même si l'autorité compétente (ICANN) suspend ou annule le ou les nom(s) de domaine dont l'enregistrement ou le renouvellement est demandé par le Client.
6.5 - Les enregistrement, renouvellement et transfert de nom de domaine comme les commandes d'hébergement Web ne sont ni échangeables ni remboursables.

ARTICLE 7 - ENREGISTREMENT DE LA COMMANDE

La demande de réservation du Client ne sera prise en considération par K N O W S C A P E qu'après acceptation via Internet des présentes conditions des documents requis pour l'enregistrement et du paiement en ligne par CB, par téléphone, compte PayPal ou virement bancaire.

ARTICLE 8 - PRISE D'EFFET DE LA RESERVATION

La réservation du nom de domaine n'est effective qu'à compter de la date indiquée par les bases de données de DomainPeople, Namebay ou Centralnic. La date à laquelle la confirmation est adressée au Client par courrier électronique de la part de K N O W S C A P E ne tient donc pas lieu de date de prise d'effet de l'enregistrement du nom de domaine commandé.

ARTICLE 9 - RESPONSABILITE DU FAIT DE L'ENREGISTREMENT D'UN NOM DE DOMAINE

9.1 - Le Client est seul responsable du choix du nom de domaine dont il a sollicité et obtenu l'enregistrement. Il lui appartient de prendre toutes précautions utiles afin de s'assurer que le nom ne constitue pas une violation des dispositions légales et réglementaires en vigueur et qu'il ne porte pas atteinte aux droits de tiers.
9.2 - De même, eu égard à la portée de l'enregistrement d'un nom de domaine, il appartient au Client de prendre toutes dispositions utiles pour s'assurer d'une protection juridique efficace du nom de domaine, notamment mais de manière non exhaustive, au regard des législations nationales et/ou internationales sur le droit des marques.
9.3 - En aucun cas K N O W S C A P E ne saurait être tenue pour responsable à quelque titre que ce soit de recours, amiables ou contentieux, dont le Client pourrait faire l'objet consécutivement à l'enregistrement d'un ou plusieurs nom(s) de domaine.
9.4 - Le Client s'engage à garantir K N O W S C A P E de toutes condamnations qui pourraient être prononcées à son encontre du fait de l'enregistrement d'un ou plusieurs nom(s) de domaine.

ARTICLE 10 - SUSPENSION DU CONTRAT ET REFUS DE TRANSFERT

10.1 - En cas d'inexécution par le Client de l'une quelconque de ses obligations, K N O W S C A P E se réserve le droit de suspendre, sans préavis, l'ensemble des services fournis, sans que cette suspension puisse ouvrir droit à quelque indemnité que ce soit.
10.2 . K N O W S C A P E se réserve la faculté de s'opposer à toute demande de transfert d'un ou plusieurs nom(s) de domaine, dès lors que le Client serait débiteur pour l'un de ces noms du prix de la réservation ou de toute autre somme due au titre du présent contrat.

ARTICLE 11 - EXECUTION DU CONTRAT

Le fait pour K N O W S C A P E de ne pas se prévaloir, à un moment donné, d'une des stipulations des présentes Conditions Générales de Vente, ne pourra être interprété comme une renonciation à faire valoir ultérieurement cette même stipulation.

ARTICLE 12 - FIN DU CONTRAT

Le contrat de réservation peut prendre fin à tout moment sur simple demande de transfert du nom de domaine.

ARTICLE 13 - CESSIBILITE DU CONTRAT PAR K N O W S C A P E

K N O W S C A P E se réserve la faculté de céder, transférer ou apporter à un tiers, sous quelque forme que ce soit, les droits et obligations nés du présent contrat.

ARTICLE 14 - OBLIGATION D'INFORMATION

Le Client s'engage à informer par écrit K N O W S C A P E de toute modification concernant sa situation utile à la gestion de son nom de domaine ou des services affiliés éventuellement souscrits (notamment changement d'adresse, modification de sa domiciliation bancaire, etc.).

ARTICLE 15 - ELECTION DE DOMICILE

Pour les besoins du contrat, les parties font élection de domicile. Pour le Client, à l'adresse e-mail du contact administratif, communiquée lors de l'enregistrement du nom sur http://www.secure-koncept.com & pour K N O W S C A P E, à l'adresse e-mail support@koncept.com.

ARTICLE 16 - LOI APPLICABLE - ATTRIBUTION DE JURIDICTION

17.1 - Le présent contrat est régi par les lois des États-Unis d'Amérique.
17.2 - Sous réserve de la qualité de commerçant du Client, tout litige relatif à l'interprétation ou à l'exécution des présentes Conditions Générales sera de la compétence exclusive du Tribunal de Commerce de New York, NY.

 

EN SUS DES CGU & CGV, VOUS DEVEZ ACCEPTER LE "REGISTRATION AGREEMENT" DE NOTRE PARTENAIRE ENREGISTRÉ AUPRÉS DE L'ICANN :

 

DOMAINPEOPLE, INC.

REGISTRATION AGREEMENT (last updated September 20, 2005)

 

This Registration Agreement (“Agreement”) sets forth the terms and conditions of use by the domain name registration Applicant and the Registrant (jointly and severally referred to as “you”) of DomainPeople, Inc.'s Internet domain name registration services (the “Services) and your registration of that domain name (the “Registration”).

By submitting a domain name (“Domain”) to DomainPeople, Inc. (“DomainPeople”) for Registration, you are acknowledging that you have read, understood, and agreed to all the terms and conditions of this Agreement, any agreement referencing this Agreement, the incorporated Uniform Domain Name Dispute Resolution Policy (the “Dispute Policy”), and any other rules or policies that are or may be published by DomainPeople from time to time. The operative and effective version of this Agreement will be the latest version available at http://www.domainpeople.com/registration_agreement.html .

By submitting a Domain to DomainPeople for Registration, you are also warranting that you have the authority and legal capacity to enter into this Agreement.

Should you choose to use the private registration services offered by WhoisProtector, Inc. you must agree to and comply with the WhoisProtector Service Agreement found at http://whoisprotector.com/serviceagreement.html . By subscribing to any third party services through the DomainPeople Web site, you must agree to and comply with the policies and terms of use, as applicable, of any such third party.

Except when expressly agreed to the contrary in writing by DomainPeople, this Agreement, in addition to any other specific agreement between you and DomainPeople, supersedes any other written (including, without limitation, digitized/computerized) agreement, oral agreement, or agreement by conduct.

Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires.

This Agreement will become effective upon the submission of you Registration. DomainPeople, at its sole discretion, may accept or reject your Registration application (“Application”), such rejection including, without limitation, rejection due to a request for Registration of a prohibited Domain.

 

1. Company Abstract, registration, and Dispute

a. Accreditation. DomainPeople is an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for the “.COM”, “.NET”, “.ORG”, “.NAME”, “.BIZ”, “.INFO”, and “.US” Top-Level Domains (“TLDs”), and other future TLDs. As such, DomainPeople has been granted full rights to provide the Services for Second-Level Domains within these TLDs. ICANN oversees the Domain system management for such present and future TLDs. Upon accepting your Application, DomainPeople becomes your sponsor for that Application.

b. Time Registration Effective. All Registrations that DomainPeople registers for the applicable TLDs are not effective until DomainPeople has delivered (when applicable) the required Registration information that you provide DomainPeople to the registry administrator (the “Registry”) for the applicable TLDs and such Registry puts your Registration into effect.

c. No Responsibility for Registry's Actions. You agree that DomainPeople is not liable or responsible in any way for any errors, omissions, or any actions by the Registry arising out of or related to your Application and receipt of, or failure to receive, a Registration.

d. Domain Disputes. You agree that, if your use of DomainPeople's Services is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy. If DomainPeople is notified that a complaint has been filed with a judicial or administrative body regarding your Domain and/or your use of DomainPeople's Services, you agree not to make any changes to your Domain record without DomainPeople's prior written approval. DomainPeople may, at its sole discretion, not allow you to make changes to such Domain record until (i) DomainPeople is directed to do so by the judicial or administrative body, or (ii) DomainPeople receives notification by you and the other party contesting your Domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your Registration and use of DomainPeople's Services, DomainPeole may deposit control of your Domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.

e. Indemnification. You further agree to indemnify, defend, and hold harmless DomainPeople, the Registry, their respective parent companies and subsidiaries, and all of their respective executives, directors, officers, attorneys, managers, employees, consultants, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including, without limitation, legal costs) arising out of or related to your Registration. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.

2. Fees

a. Your Obligation. You, or the reseller (“Reseller”) on your behalf, will be responsible for paying all fees associated with the Services provided by DomainPeople. When renewal fees are due, it will be your sole responsibility to ensure that such fees are paid on time to DomainPeople.

b. Payment & Deadline. You must make payments by credit card or such other method as DomainPeople may authorize or indicate in the Registration renewal form (“Renewal Form”). Should you fail to pay the fees by the due date specified, DomainPeople has the right to cancel your Registration at DomainPeople's sole discretion. You agree that DomainPeople will have no liability whatsoever with respect to any such cancellation. All fees, including, without limitation, Pre-Registration fees, are non-refundable, in whole or in part, even if your Registration is suspended, cancelled, or transferred prior to the end of your then current Registration term. All Pre-Registration fees are non-refundable. DomainPeople reserves the right to change fees, surcharges, and renewal fees, and to institute new fees at any time, for any reason, at DomainPeople's sole discretion.

c. Actual Payment Required. Your requested Domain will not be registered, or pre-registered, unless DomainPeople receives actual payment for the Registration or Pre-Registration fee, or at least reasonable assurance of payment of the Registration or Pre-Registration fee from some other entity (such reasonable assurance will be determined at DomainPeople's sole discretion). For Pre-Registration Services, Registration will not be granted to you if payment is not received.

d. Credit Card Charge Back. In the event of a charge back by a credit card company (or similar action by another payment provider approved by DomainPeople), in connection with the payment of your Registration fee, you agree that the Registration will be transferred to DomainPeople as the paying entity for that Registration to the Registry. You also agree that DomainPeople reserves all rights regarding such Domains including, without limitation, the right to make the Domains available to other parties for purchase. DomainPeople may reinstate your Registration at DomainPeople's sole discretion and, subject to DomainPeople's receipt of the initial Registration or renewal fee and DomainPeople's then current reinstatement fee.

e. Outstanding Fees/Charges. You are responsible for the full and prompt payment of any outstanding fees and/or charges, notwithstanding the termination or expiry of this Agreement for any reason.

 

3. Domain Ownership

a. Ownership of Domain. You understand and acknowledge that the Registrant, whose name is on record, will have sole legal ownership of the Domain. It is your sole responsibility, and not that of DomainPeople's in any way, to ensure that the proper Registrant name is recorded.

b. Ownership Transfers. Before any transfer of your Domain ownership to another entity becomes effective, you must pay DomainPeople the then current amount for the transfer of Domain ownership. You further agree that as a condition of any such transfer of Domain ownership, the entity to which you seek to transfer your Domain (the “Transferee”) must agree in writing that the Transferee will be bound by this Agreement. Your Domain will not be transferred until DomainPeople receives such written assurance, and until actual payment of the transfer fee, or reasonable assurance of such payment from some other entity (such reasonable assurance to be determined at DomainPeople's sole discretion). You acknowledge and agree that if you attempt to transfer your Domain ownership without paying DomainPeople the then current amount set by DomainPeople for the transfer of Domain ownership, or if the Transferee fails to agree in writing to be bound by this Agreement, then any such transfer will be null and void, and will result in your Registration being revoked without any refund of any charge you have incurred in attempting to register or transfer that Domain.

 

4. Changes to THE Agreement

You acknowledge that the practice of registering and administering Domains is constantly evolving; therefore, you agree that DomainPeople may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with DomainPeople's agreement with ICANN, or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the Domain registered to you will constitute your acceptance of this Agreement with any new change. If you do not agree to any such change, you may request that your Registration be cancelled or transferred to a different Domain registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

 

5. Registration Information, Use, & Limitations

a. Required Information. As part of the Registration process, you must provide certain information. You must promptly update the information you provide, as is needed to keep it true, correct, accurate, current, and complete. You must provide the following information when registering your Domain:

• The legal name and postal address of the Registrant (the Domain owner/holder);

• The Domain being registered;

• The full legal name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts for the Domain;

• The IP addresses of the primary nameserver and any secondary nameserver for the Domain;

• The corresponding names of those nameservers;

• Any remark concerning the Domain that should appear in the Whois directory;

• Any other data that any Registry may require to be submitted to it, including specifically information regarding the primary purpose for which a Domain is registered.

b. Additional Information About Your Registration. In addition to the information you are required to provide, DomainPeople maintains records related to your Registration. These records may include, at DomainPeople's sole discretion, without limitation:

• The original creation date of the Registration;

• The submission date and time of the Application (to DomainPeople and by DomainPeople to the proper Registry);

• Communications (electronic or paper form) constituting Registration orders, modifications, or terminations, and related correspondence between you and DomainPeople;

• Records of account for your Registration, including, without limitation, dates and amounts of all payments and refunds;

• The expiration date of the Registration;

• Any other information regarding any and all other activities between you and DomainPeople regarding your Registration and related Services.

c. Information About Third Parties. If you provide information about a third party, you hereby represent that you will have (i) provided prior written notice to the third party of the disclosure and use of that party's information, and (ii) obtained the third party's express prior written consent to the disclosure and use of that party's information.

d. Failure to Provide Proper Information. You acknowledge that if you provide any inaccurate information, or fail to update information promptly, you will be in material breach of this Agreement, which will be sufficient cause for cancellation of your Registration. You further agree that your failure to respond to inquiries made by DomainPeople to the e-mail address of your administrative, billing, or technical contact then appearing in the Whois directory concerning the accuracy of any information related to your Registration will constitute a material breach of this Agreement, which will be sufficient cause for immediate cancellation of your Registration.

e. Enforcement of Accurate Whois Data . DomainPeople reserves the right to accept written complaints from third parties regarding false and/or inaccurate Whois data of Registrants and follow any other procedures set forth in any agreement DomainPeople has with a particular Registry.

f. Disclosure & Use of Registration Information. You agree that DomainPeople will make your Registration information available to ICANN and the Registry, and their respective designees and agents, and to any other third party as ICANN and applicable laws may require or permit. You further agree and acknowledge that DomainPeople may make publicly available, or directly available to third party vendors, some or all of your Registration information 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.

g. Government Use of Information. You understand and agree that Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit others to do so, all Data provided by Registrant. “Data” means any recorded information, and includes, without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.

 

h. ICANN Guidelines & Requirements. You agree that ICANN may establish guidelines, limits, and/or requirements that relate to the amount and type of information that DomainPeople may or must make available to the public or to private entities, and the manner in which such information is made available. You also agree and consent to any and all such disclosures, uses, guidelines, limits, and restrictions related to your Registration information (including, without limitation, any and all updates to such information), whether during or after the term of your Registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Registration information by DomainPeople.

i. Access to Registration Information. You may access your Registration information, which is in DomainPeople's possession, to review, modify, or update such information. You can access your Registration information by accessing the DomainPeople Account Management On-Line Forms, or similar Service, made available at our web site ( http://www.domainpeople.com ).

6. Domain Registrar Transfers

a. Fees. Before any registrar transfer Service provided to you by DomainPeople becomes effective, you or the reseller on your behalf, must pay DomainPeople the then current registrar transfer fee for the registrar transfer Service for your Domain.

b. Request to Transfer Registration. Only the Registrant of the Registration and Domain, the authoritative holder, may initiate a request to transfer the Registration from a particular registrar to DomainPeople or from DomainPeople to another registrar. Therefore, you hereby represent that you have the full and complete authority as the holder of the Registration and Domain to initiate any transfer, or as a contact listed on the current Registration, that you have been given full and complete authority by the Registrant to initiate the transfer. DomainPeople, at its sole discretion, may require you to provide documentation that proves that the Registrant initiated and/or authorized the transfer request.

c. Right to Refuse Transfer. DomainPeople reserves the right to deny any request to transfer a Registration (i) during the first sixty (60) days after the initial Registration with the original registrar; (ii) in accordance with the circumstances described in this Agreement under the Dispute Policy; (iii) if/when there is a pending bankruptcy of the Registrant; (iv) if/when there is a dispute over the identity of the Registrant; (v) by operation of law; or (vi) at the discretion of the then current registrar. It is the sole responsibility of the Registrant, and not DomainPeople, to ensure that the request to transfer will not be denied for any of the above reasons prior to initiating and paying for the registrar transfer Services. Fees are not refundable, but may be applied to subsequent transfer requests at DomainPeople's sole discretion.

d. Credit Card Charge Back. In the event of a charge back by a credit card company (or similar action by another payment provider approved by DomainPeople), in connection with the payment of your Registration fee, you agree that the Registration will be transferred to DomainPeople as the paying entity for that Registration to the Registry. You also agree that DomainPeople reserves all rights regarding such Domains including, without limitation, the right to make the Domains available to other parties for purchase. DomainPeople may reinstate your Registration at DomainPeople's sole discretion and subject to DomainPeople's receipt of the initial Registration or renewal fee and DomainPeople's then current reinstatement fee.

e. Successful Completion of Registrar Transfer Request. Upon successful completion of a registrar transfer request, DomainPeople will immediately become the registrar of record. As such, you will be bound by this Agreement. You must extend your existing Registration term for one (1) year from the date your existing Registration is set to expire, provided that the total unexpired term of the Registration does not exceed ten (10) years.

 

7. Ownership of Data

You agree and acknowledge that DomainPeople owns all databases, compilations, collective and similar rights, titles, and interests worldwide in DomainPeople's Domain database (the “Domain Database”), and all information and derivative works generated from the Domain Database. You further agree and acknowledge that DomainPeople owns the following information for those Registrations for which DomainPeople is the registrar: (i) the original creation date of the Registration; (ii) the submission date and time of the Application (to DomainPeople and by DomainPeople to the proper Registry); (iii) communications (electronic or paper form) constituting Registration orders, modifications, or terminations, and related correspondence between you and DomainPeople; (iv) records of account for your Registration, including, without limitation, dates and amounts of all payments and refunds; (v) the expiration date of the Registration; (vi) the name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative contact, technical contact, and billing contact, and the name holder, for the Registration; (vii) any remark concerning the registered Domain that appears or should appear in the WHOIS or similar database; and (viii) any other information or data that DomainPeople generates or obtains in connection with the provision of the Services.

 

8. Agents and Licenses

a. Warranty of Authority. If you are registering a Domain for someone else, you warrant and agree that you have the authority to bind that person as a principal to all the terms and conditions provided herein.

b. License to Third Party. If you license the use of the Domain registered to you to a third party, you warrant and agree that you nonetheless remain the Registrant (the Domain holder of record), and remain responsible for any and all obligations under this Agreement, including, without limitation, payment and providing (and updating, as necessary) your full, current, accurate, and complete contact information and administrative, technical, and billing contact information, adequate to facilitate timely resolution of any problem that may arise in connection with the Domain and Registration.

 

9. Limitation of Liability

YOU AGREE THAT DomainPeople (for the purposes of this section, domainpeople includes, without limitation, domainpeople's EXECUTIVES, DIRECTORS, OFFICERS, attorneys, MANAGERS, employees, CONSULTANTS, CONTRACTORS, AGENTS, Parent companies, subsidiaries, affiliates, registries, third-party providers, merchants, licensors, or the like, or anyone else involved in creating, producing, or distributing domainpeople's serviceS) WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS THAT MAY OCCUR DUE TO any (a) LOSS OF REGISTRATION OF A DOMAIN; (b) USE OF YOUR DOMAIN; (c) aCCESS DELAY OR ACCESS INTERRUPTION TO DomainPeople's REGISTRATION SYSTEM; (d) NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND DomainPeople and/or between domainpeople and the registry; (e) EVENT BEYOND DomainPeople's reasonable CONTROL; (f) PROCESSING OF THe APPLICATION; (g) PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN; (h) FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEE HEREUNDER; (i) SUSPENSION OR CANCELLATION OF YOUR REGISTRATION BY DomainPeople; OR (j) APPLICATION OF any DISPUTE resolution Provision herein. FURTHERmore, DomainPeople WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE OF ANY KIND, including, without limitation, LOST PROFITs, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT or TORT, including, without limitation, NEGLIGENCE, OR OTHERWISE, EVEN IF DomainPeople HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL DomainPeople's MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU OR YOUR AGENT TO DomainPeople FOR the INITIAL REGISTRATION OF YOUR DOMAIN .

 

10. Indemnity

You agree to protect, defend, hold harmless, and indemnify DomainPeople, any third party entity related to DomainPeople (including, without limitation, any Registry), and DomainPeople's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from the Registration or use of the Domain registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.

 

11. DISCLAIMER

ALL THE SERVICES ARE PROVIDED TO YOU “AS IS,” AND DOMAINPEOPLE WILL HAVE NO LIABILITY FOR FAILURE OF ANY OF THE SERVICES DOMAINPEOPLE PROVIDES, WHETHER UNDER THEORIES OF STRICT LIABILITY, PRODUCTS LIABILITY, NEGLIGENCE, OR OTHERWISE. DOMAINPEOPLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR domainpeople SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DomainPeople MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE REGISTRATION OR USE OF A DOMAIN UNDER THIS AGREEMENT WILL IMMUNIZE YOU FROM CHALLENGES TO YOUR REGISTRATION OR FROM SUSPENSION, CANCELLATION, TRANSFER, or any other loss OF THE DOMAIN REGISTERED TO YOU. for the purposes of this section, domainpeople includes, without limitation, domainpeople's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, employees, CONSULTANTS, CONTRACTORS, AGENTS, Parent companies, subsidiaries, affiliates, registries, third-party providers, merchants, licensors, or the like, or anyone else involved in creating, regulating, producing, or distributing domainpeople serviceS.

 

12. Representations & Warranties

a. Against Infringement. You represent and warrant to DomainPeople that you hold the necessary rights to use, or permit to use, any item used through DomainPeople's Services, and that such use will not in any way:

(i) violate or potentially violate any right of any third party, including, without limitation, infringement or misappropriation of any copyright, patent, trademark, trade secret, or other proprietary right;

• constitute or potentially constitute violations, such as, without limitation, false advertisement, unfair competition, defamation, invasion of privacy, invasion of rights, and discrimination;

• cause or potentially cause a business dispute, personal dispute, or any other dispute;

• be or potentially be unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise offensive;

• be or potentially be racially, ethnically, disputatiously, argumentatively, or ethically objectionable; or

• encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, including, without limitation, local, provincial, state, national, international, or other laws.

Breach of this section will constitute material breach of this Agreement and cause for immediate cancellation of your Registration and Domain. You further agree to protect, defend, hold harmless, and indemnify DomainPeople, any third party entity related to DomainPeople (including, without limitation, any Registry), and DomainPeople's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from the Registration, use of the Domain, or from any breach of this Agreement. This indemnification is in addition to any indemnification required under the Dispute Policy. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.

 

b. Registration Information. You represent and warrant that all information provided by you in connection with your Registration is, and will be, true, current, accurate, and complete at all times. Breach of this section will constitute material breach of this Agreement and cause for immediate cancellation of your Registration and Domain.

13. Breach & Revocation

a. Revocation by DomainPeople. DomainPeople reserves the right to immediately suspend, cancel, transfer, modify, or terminate your Registration for any reason, including, without limitation, (i) your material breach of this Agreement; (ii) your use of any DomainPeople services, including, without limitation, the Domain registered to you, that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet, including, without limitation, sending unsolicited commercial advertisements (including, without limitation, spamming) or sending threats, harassments, and obscenities; (iii) your use of your Domain in connection with unlawful or unethical activity; (iv) DomainPeople's receipt of an order from a court of competent jurisdiction or an arbitration award; or (iv) any other grounds for suspension, cancellation, transfer, modification, or termination that is determined by DomainPeople at its sole discretion. You understand and agree that you will not receive any refund whatsoever for any such suspension, cancellation, transfer, modification, or termination of your Registration for any reason.

b. Revocation by ICANN, Registry, or Registrar. You further acknowledge and agree that your Registration is subject to suspension, cancellation, transfer, modification, or termination by any ICANN procedure, any Registry procedure approved by an ICANN-adopted policy, or DomainPeople.

c. Civil/Legal Liability for Breach . ANY BREACH OF THIS AGREEMENT MAY RESULT IN CIVIL ACTION, LEGAL ACTION, AND/OR CRIMINAL PROSECUTION.

 

14. Governing Law & Severability

a. Governing Law. Any agreement, including, without limitation, this Agreement, arising from the business relationship between you and DomainPeople, will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without reference to its conflicts of laws principles. Except as otherwise set forth in this Agreement with respect to disputes, you agree that any litigation, arbitration, adjudication, or otherwise between you and DomainPeople will take place in British Columbia, and you consent to personal jurisdiction and venue in British Columbia. For the adjudication of disputes concerning or arising from the use of a Domain, the Registrant will submit, without prejudice, to the jurisdiction of the courts of the Registrant's domicile or where the registrar's headquarters is located (currently DomainPeople in Vancouver, British Columbia).

b. Severability & Amendment. If any provision or portion of any agreement (including, without limitation, this Agreement) between you and DomainPeople is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that agreement will continue in full force and effect. DomainPeople 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 DomainPeople as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of DomainPeople. It is your sole responsibility to ensure that the representative signing such document is actually authorized to do so.

 

15. Notices

You agree that any notice required to be given under this Agreement by DomainPeople to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

 

16. General

a. Entire Agreement. This Agreement, in addition to any other specific agreement between you and DomainPeople, constitutes the full and complete understanding and agreement between you and DomainPeople, relating to the subject matter hereof. Except when expressly agreed to the contrary in writing by DomainPeople, this Agreement supersedes any other written (including, without limitation, digitized/computerized) agreement, any oral agreement, or any actual or alleged agreement by conduct.

b. Independent Contractor Relationship. Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between you and DomainPeople. You and DomainPeople will each be deemed an independent contractor at all times and will have no right or authority to assume, create, or incur any obligation on behalf of the other, except as may be expressly provided herein. You must not, in any way, misrepresent your relationship with DomainPeople, attempt to pass yourself off as DomainPeople, or claim that you are DomainPeople.

c. No Waiver. The failure of DomainPeople to require your performance of any provision of this Agreement will not affect DomainPeople's full right to require such performance at any time thereafter; nor will the waiver by DomainPeople of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself.

d. Survival of Termination. Sections 2, 3, 5, 7, 9, 10, 11, 12, 13, 14, 15 and 16, and the Dispute Policy, will survive the expiry or termination of this Agreement for any reason.

17. “.biz” TLDs

In the case of a “.BIZ” TLD Registration, the following additional terms and conditions will apply:

a. “.BIZ” Restricitons of Use. Registrations in the “.BIZ” TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the “.BIZ” Registration restrictions, the “bona fide business or commercial purposes” will mean the bona fide use or bona fide intent to use the Domain or any content, software, materials, graphics, or other information therein to permit Internet users to access one or more host computers through the Domain Name System (“DNS”) to exchange, or facilitate the exchange of, goods, services, information, or property of any kind, or to carry on in the ordinary course of trade or business. Registering a Domain solely for the purposes of offering, selling, trading, or leasing the Domain for compensation does not constitute a “bona fide business or commercial purpose” of that Domain.

b. “.BIZ” Certification. As a “.BIZ” Registrant, you hereby certify that to the best of your knowledge:

• the Domain will be used primarily for bona fide business or commercial purposes;

• the Domain will not be used exclusively for personal use;

• the Domain will not be used solely for the purposes of offering, selling, trading, or leasing the Domain for compensation;

• the Registrant has the authority to enter into the Registration agreement; or

• the Domain is reasonably related to the Registrant's business or intended commercial purpose at the time of Registration.

For more information on the Registration restrictions, which are incorporated herein by reference, please see http://www.neulevel.com/countdown/registrationRestrictions.html .

c. Provision of Registration Data. As part of the Registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following:

• your full name;

• your postal address;

• your e-mail address;

• your voice telephone number;

• your fax number (if applicable);

• the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation;

• the IP addresses of the primary nameserver and any secondary nameserver for the Domain;

• the corresponding names of the primary and secondary nameservers;

• the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the Domain; and

• any remark concerning the Domain 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 and/or Registry policies, and may be sold in bulk in accordance with the ICANN agreement.

d. Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the Application is and will continue to be true, current, complete, and accurate at all times. The following will constitute breach of this Agreement with regards to your provision of information:

• Your provision of any false, outdated, incomplete, unreliable, or inaccurate information;

• Your failure to promptly update any information provided to DomainPeople;

• Your failure to respond, for over five (5) calendar days, to DomainPeople's inquiries addressed to the e-mail address of the administrative, billing, or technical contact then appearing in the Whois directory with respect to a Domain concerning the accuracy of contact details associated with any Registration by or through you or your account.

Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the Registration and for the purposes of this Agreement, and as required or permitted by the ICANN agreement or any ICANN and/or Registry policies.

e. “.BIZ” Domain Dispute Policy. If you reserved or registered a “.BIZ” Domain through us, you agree to be bound by the Dispute Policy contained in this Agreement. 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) Uniform Domain Dispute Resolution Policy (“UDRP”), available at http://www.icann.org/udrp/udrp.htm; (ii) Start-up Trademark Opposition Policy (“STOP”), available at http://www.neulevel.com/countdown/stop.html; and (iii) Restrictions Dispute Resolution Policy (“RDRP”), available at http://www.neulevel.com/countdown/rdrp.html.

f. “UDRP”. The UDRP sets forth the terms and conditions in connection with a dispute between Registrant and any party other than the Registry or registrar over the Registration and use of an Internet Domain registered by you.

 

g. “ STOP”. The STOP sets forth the terms and conditions in connection with a dispute between a Registrant of a “.BIZ” Domain with any third party (other than the Registry or registrar) over the Registration or use of a “.BIZ” Domain registered by you that is subject to the Intellectual Property Claim Service (“IPCS”). The IPCS is a service introduced by the Registry to notify a trademark or service mark holder (“Claimant”) that a second-level Domain 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.

h. “RDRP”. The RDRP sets forth the terms and conditions under which any allegation that a Domain is not used primarily for business or commercial purposes will be enforced on a case-by-case and fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Registration restrictions will be enforced directly by or through the Registry. The Registry will not review, monitor, or otherwise verify that any particular Domain is being used primarily for business or commercial purposes or that a Domain is being used in compliance with the SUDRP or UDRP processes.

i. Dispute Policy Modifications. You agree that DomainPeople, at DomainPeople's sole discretion, may modify the Dispute Policy. DomainPeople will post any such modification on the DomainPeople's web site (the “Web Site”) at least thirty (30) calendar days before the modification becomes effective. You agree that, by maintaining the reservation or Registration of your Domain after modifications to the Dispute Policy become effective, you have agreed to these modifications. If you do not agree to any such modification, you may terminate this Agreement. We will not refund any fee paid by you if you terminate this Agreement.

j. Domain Disputes. You agree that, if your use of the Services is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the third party challenge. You agree that in the event a Domain dispute arises with any third party, you will indemnify and hold DomainPeople, and DomainPeople's executives, directors, officers, managers, employees, consultants, and agents, harmless pursuant to this Agreement. If DomainPeople is notified that a complaint has been filed with a judicial or administrative body regarding your use of the Services, you agree not to make any changes to your Domain record without DomainPeople's prior approval. DomainPeople reserves the right to deny you permission to make changes to such Domain record until (i) DomainPeople is directed to do so by the judicial or administrative body, or (ii) DomainPeople receives notification by you and the other party contesting your Registration and use of the Services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your Registration and use of the Services, we may deposit control of your Domain record into the Registry of the judicial body by supplying a party with a registrar certificate from us.

k. Reservation of Rights. DomainPeople and the “.BIZ” Registry (NeuLevel, Inc.) expressly reserve the right to deny, cancel, transfer, or modify any Registration that DomainPeople or the “.BIZ” Registry 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 DomainPeople and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. DomainPeople and NeuLevel, Inc. also reserve the right to freeze a Domain during resolution of a dispute.

l. Registration Term. Registration terms range from two (2) to ten (10) years for “.BIZ” Domains.

18. “.info” TLDs

In the case of a “.INFO” TLD Registration, the following additional terms and conditions will apply:

a. Registrant's Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant's personal data by Afilias, the “.INFO” Registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract.

b. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”) and comply with the requirements set forth by Afilias for Domains registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.

c. Registration Information. Registrant agrees to immediately correct and update the Registration information for the registered name during the Registration term. Failure to correct such information will constitute a breach of this Agreement.

d. Disclaimer of Liability. Registrant acknowledges that Afilias, the Registry for “.INFO”, will have no liability of any kind for any loss or liability resulting from the proceedings and processes related 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.

e. Reservation of Rights. Registrar and Afilias, the Registry for “.INFO”, expressly reserve the right to deny, cancel, transfer, or modify any Registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the Registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to freeze a Domain during resolution of a dispute.

f. Registration Term. Registration terms range from two (2) to ten (10) years for “.INFO” Domains with the exception of “.INFO” Sunrise Domains, which have a registration range of five (5) to ten (10) years.

 

19. “.US” TLDs

 

In the case of a “.US” TLD Registration, the following additional terms and conditions apply will:

 

a. Eligibility to Register. To be eligible to register a “.US” Domain, you must be a U.S. citizen or resident, or a business or organization, including federal, state, and local government with a bona fide presence in the U.S. Therefore, if you are registering a “.US” Domain, you certify and warrant that you satisfy at least one of the following U.S. Nexus Requirements (“Nexus Requirements”):

• Category 1 – A natural person (1) who is a citizen or permanent resident of the U.S. or any of its possessions or territories or (2) whose primary place of domicile is in the U.S. or any of its possessions, or

• Category 2 – Any entity or organization (1) that is incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the U.S. possessions or territories, or (2) organized or otherwise constituted under the laws of a state of the U.S., the District of Columbia, or any of its possessions or territories, or

• Category 3 – An entity or organization (including federal, state, or local government of the U.S., or a political subdivision thereof) that has a bona fide presence in the U.S. See section B.3.1 of the NeuStar proposal to the Department of Commerce (found at http://www.neustar.us./policies/index.html) for details concerning what constitutes a “bona fide presence.”

b. Mainentance of Eligibility. You agree to continually satisfy the requirement that all “.US” Domain Registrants maintain the Nexus Requirements.

 

c. Additional Requirements. Registrants are required to provide certain additional Nexus information. Except where noted that a Registration will be denied if information is missing, failure of a Registration to satisfy Nexus Requirements will result in the Domain being placed upon a thirty (30) day hold during which time the Registrant will be notified and given the opportunity to correct the information. If Registrant takes no action within the thirty (30) day period, the Registration will be cancelled and the Domain will be returned to available status. The Registration fee will not be refunded. If, on the other hand, the Registrant is able to demonstrate compliance with the requirement and the information is corrected, the hold will be released and the Domain will be registered. The Registrant must also satisfy the following additional conditions for the applicable Nexus Category:

• Certification that the Registrant satisfies the Nexus Requirements. If not completed, then Registration will be cancelled;

• Basis for compliance (Nexus Requirement Category 1, 2, or 3);

• Certification that the listed name servers are located within the U.S. If not completed, then Registration will be rejected.

 

d. Sunrise Period. During the Sunrise Period, you will be able to submit only one (1) Application for each Domain based on the corresponding trademark serial number. If you submit more than one (1) Application for the same Domain based on the same trademark registration, only one of those Applications (as determined by DomainPeople) will be included in the final randomization.

 

e. Eligibility for Sunrise. To be eligible for the Sunrise Period, your trademark application or registration must be contained in the Principal register at the United States Patent and Trademark Office (“USPTO”). The trademark registration or application must be based on words or textual marks, not on logos or designs. For the purposes of the Sunrise Period, trademarks and service marks are treated the same way.

 

f. Trademark International Class. The “Trademark International Class” field must contain at least one (1) of the following valid codes:

Class 1: Chemicals
Class 2: Paints
Class 3: Cosmetics and Cleaning Preparations
Class 4: Lubricants and Fuels
Class 5: Pharmaceuticals
Class 6: Metal Goods
Class 7: Machinery
Class 9: Electrical and Scientific Apparatus
Class 10: Medical Apparatus
Class 11: Environmental Control Apparatus
Class 12: Vehicles
Class 13: Firearms
Class 14: Jewelry
Class 15: Musical Instruments
Class 16: Paper Goods and Printed Matter
Class 17: Rubber Goods
Class 18: Leather Goods
Class 19: Nonmetallic Building Materials
Class 20: Furniture and Articles not otherwise classified
Class 21: Housewares and Glass
Class 22: Cordage and Fibers
Class 24: Fabrics
Class 25: Clothing
Class 27: Floor Coverings
Class 28: Toys and Sporting Goods
Class 29: Meats and Processed Foods
Class 30: Staple Foods
Class 31: Natural Agricultural Products
Class 32: Light Beverages
Class 33: Wine and Spirits
Class 34: Smokers' Articles
Class 35: Advertising and Business
Class 36: Insurance and Financial
Class 37: Building Construction and Repair
Class 38: Telecommunications
Class 39: Transportation and Storage
Class 40: Treatment of Materials
Class 41: Education and Entertainment
Class 42: Miscellaneous
Class 200: Collective Trademarks or Service Marks
Class A: Goods Certification Mark
Class B: Services Certification Mark

If you have applied for, or have already registered, a trademark with the USPTO in more than one (1) International Class of Goods and Services, you only need to list one (1) International Class of Goods or Services on your Application.

g. Nexus Dispute Policy. You agree that, if a third party submits to the “.US” TLD Administrator (“Administrator”) a “Nexus Challenge” to the “.US” Domain, the Domain will be placed upon “Registry Hold” until the matter is resolved. While the Domain is on Registry Hold, the Registrant must not change any of the contact information for that particular Domain, or transfer the Domain to any third party.

h. Challenger's Prima Facie Case. If the Administrator determines that the challenger of the Domain (the “Challenger”) has established a prima facie case that the Registrant has not met the Nexus Requirements, the Registrant must submit evidence of compliance within thirty (30) days from the date of receiving a letter from the Administrator requesting that the Registrant submit such evidence of compliance.

i. Curing Nexus Deficiency. If the Registrant does not respond within the thirty (30) days mentioned above in section 19.h. of this Agreement, or is unable to demonstrate through documentary evidence that the Registrant complied with the Nexus Requirements prior to the date the Nexus Dispute Policy was invoked, the Registrant will be given thirty (30) days to cure the Nexus deficiency.

j. Inability to Cure Nexus Deficiency. If the Registrant does not respond within the thirty (30) days mentioned above in section 19.i. of this Agreement, or is unable to provide evidence demonstrating compliance with the Nexus Requirements, the Registration will be deleted from the Registry database, the registrar for the name will be notified, and the Domain will be made available for Registration. This process is the exclusive remedy for the Challenger.

k. Reservation of Rights. The Administrator reserves the right to modify this Nexus Dispute Policy at any time. The Administrator will post its revisions on the Administrator's web site at least thirty (30) days before it becomes effective. The Administrator also reserves the right to deny, cancel, transfer, or modify any Registration that it deems necessary, in its discretion, (1) to protect the integrity and stability of the Registry, (2) to comply with any applicable law, government rule or requirement, request of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of the Administrator, as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by the Administrator or any registrar in connection with Registration. The Administrator also reserves the right to freeze a Domain during resolution of a dispute.

 

20. “.CN” TLDs

 

In the case of a “.CN” TLD Registration, the following additional terms and conditions will apply:

a. Representations and Warranties . You represent and certify that, to the best of your knowledge and belief, (i) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party, (ii) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder, (iii) you are of legal age to enter into this Agreement, and (vi) you agree to comply with all applicable laws, regulations and policies of the Peoples Republic of China's governmental agencies and the China Internet Network Information Center (“CNNIC”), including but not limited to the following rules and regulations: (i) China Internet Domain Name Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml ); (ii) CNNIC Detailed Rules of Internet Domain Name Registration Administration (currently at http://www.cnnic.net.cn/ruler/16.shtml ); (iii) CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml ); and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-9.shtml ).

b. Provision of Registration Data . As part of the registration process, you are required to provide DomainPeople with any other data that CNNIC, as the Registry, requires be submitted to it. You agree and understand that the foregoing Registration data will be publicly available and accessible on the Whois directory pursuant to the CNNC Policy. Any information collected by DomainPeople concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the Registration of your Domain(s) and for the purposes of this Agreement and as required or permitted by the CNNIC.

c. Business or Organization Representation. The “.CN” TLD space is intended for businesses and organizations and not for individual use. By registering a “.CN” Domain, you hereby represent that you have registered the Domain on behalf of a business or organization.

d. Maximum Term. The maximum term for a Domain Registration in the “.CN” TLD will be five (5) years. Registrations will be available for terms of one (1), two (2), three (3), four (4), and five (5) years.

e. Prohibited Uses for “.CN” Domains. You may not register or use a Domain that is deemed by CNNIC to:

• Be against the basic principles prescribed in the Constitution of the Peoples Republic of China (“PRC”);

• Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity of the PRC;

• Harm national honor and national interests of the PRC;

• Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;

• Violate the PRC's religion policies or propagate cult and feudal superstition;

• Spread rumors, disturb public order or disrupt social stability of the PRC;

• Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;

• Insult, libel against others and infringe other people's legal rights and interests in the PRC; or

• Take any other action prohibited in laws, rules, and administrative regulations of the PRC.

f. True Registrant of Domain. By registering a “.CN” Domain, you will be responsible for providing full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain. You accept liability for harm caused by wrongful use of the Domain.

g. Domain Dispute Policy. If you have registered a second or third-level “.CN” Domain through DomainPeople, you agree to be bound by the CNNIC Domain Name Dispute Resolution Policy & Rules for CNNIC Domain Name Dispute Resolution Policy (“CNNIC Dispute Policy”), http://www.cnnic.net.cn/ruler/20.shtml , which 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 policies of the CNNIC, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement.

h. Domain Disputes. You agree that, if your use of DomainPeople's Services is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a Domain arises with any third party, you will indemnify and hold DomainPeople, CNNIC, and NeuStar, Inc. (“Registry Gateway Provider”), harmless pursuant to the terms and conditions set forth in this Agreement. If DomainPeople is notified that a complaint has been filed with a judicial or administrative body regarding your use of DomainPeople's Services, you agree not to make any changes to your domain name record without our prior approval. DomainPeople may, at its sole discretion, not allow you to make changes to such Domain record until (i) DomainPeople is directed to do so by the judicial or administrative body, or (ii) DomainPeople receives notification by you and the other party contesting your Registration and use of DomainPeople's Services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your Registration and use of DomainPeople's Services, DomainPeole may deposit control of your Domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.

i. Jurisdiction. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where DomainPeople is located, and 3) the People's Republic of China.

j. Governing Law. For the adjudication of a dispute concerning or arising from use of a “.CN” Domain, such dispute will be governed under the Laws of the Peoples Republic of China.

k. Suspension, Cancellation, or Transfer . You agree that your Registration of a “.CN” Domain will be subject to suspension, cancellation, or transfer pursuant to any CNNIC adopted specification or policy, or pursuant to any registrar or CNNIC procedure not inconsistent with a CNNIC adopted specification or policy, (1) to correct mistakes by Registrar or the CNNIC in registering the Domain or (2) for the resolution of disputes concerning the Domain.

l. Indemnification. You shall indemnify and hold harmless the [Registrar], Registry Gateway Provider and CNNIC and their directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) domain name registration and (ii) use of any of a domain name .

m. Reservation by CNNIC and Registry Gateway Provider. DomainPeople , the Registry Gateway Provider, and CNNIC reserve the right to deny, cancel, or transfer any Domain and/or Registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of CNNIC, the Registry Gateway Provider, or DomainPeople, as well as their affiliates, parent companies, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by Registry Gateway Provider, CNNIC, or any registrar in connection with a “.CN” Domain Registration. CNNIC, Registry Gateway Provider, and DomainPeople also reserve the right to freeze a Domain during resolution of a dispute.

21. “.PRO” TLDs

In the case of a “.PRO” TLD Registration, the following additional terms and conditions will apply:

a. Overview. The following types of Registrations within the “.PRO” TLD are available to qualified persons and entities:

• Registered Names (ie. “.PRO” Domains);

• Premium Intellectual Property Defensive Registrations (ProBlock);

• Basic Intellectual Property Defensive Registrations (ProGuard); and

• Standard Defensive Registrations (ProReserve).

b. Restrictions. Registered Names are restricted to persons and entities that are credentialed by appropriate entities (such as through governmental bodies and professional organizations) to provide professional services within a stated geographic region (“Licensing Jurisdiction”). Basic Intellectual Property Defensive Registrations are restricted to trademark or service mark holders with valid and enforceable trademark or service mark registrations of national effect that are issued prior to September 30, 2002. Standard Defensive Registrations are restricted to persons and entities that are credentialed by appropriate entities to provide professional services.

c. Certification. Registrants of Registered Names and Defensive Registrations in the “.PRO” TLD will be required to certify that they meet all qualifications and requirements. Eligibility of registration of Registered Names will be verified and periodically re-verified at least annually.

d. Information. 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. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to your Registration of a “.PRO” Domain or Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for your Domain or Defensive Registration. You further understand that the Registry may share the foregoing Registration data with third parties that act as subcontractors to it for the purpose of this Agreement, and you agree that your personal data may be shared with the Registry's subcontractors. You agree and understand that the foregoing Registration data will be publicly available and accessible on the WHOIS directory for “.PRO” as required by ICANN and may be sold in bulk in accordance with ICANN policy.

e. Representations & Warranties. You make the following representations and warranties:

• That the data provided in your “.PRO” Domain or Defensive Registration application is true, correct, up to date, and complete; you will at all times during the term of your Registration keep the information provided above up to date;

• That your “.PRO” Domain or Defensive Registration satisfies all applicable “.PRO” restrictions at the time of Registration;

• That your “.PRO” Domain Registration satisfies the digital security requirements for obtaining a “.PRO” Domain; and

• That you have the authority to enter into this Agreement.

f. Misrepresentation. You agree not to make any representation to any person or entity that expressly or impliedly conveys that your Registration of a “.PRO” Domain in any way signifies or indicates that you possess any general or specific professional qualifications, including, but not limited to, professional qualifications in a particular field.

g. Sunrise &/or ProGuard. In the case of a Sunrise and/or Intellectual Property Defensive Registration you certify that your registration meets the following requirements:

• That you own a current (non-expired) trademark or service mark registration;

• That the trademark or service mark registration has national effect;

• That the trademark or service mark was issued to you prior to September 30, 2002; and

• That the Registration (specifically, the third-level label) is identical to the textual or word elements of the trademark or service mark.

In determining whether the Domain name is identical to the textual or word elements of the trademark or service mark, only ASCII characters in the trademark or service mark will be considered. Where there is a space between the textual elements of a mark, the Registrant may elect at Registrant's discretion to use a hyphen or combine the elements together. For example, the mark “SERVICE MARK” could be registered as “servicemarklaw.pro” or “service-mark.law.pro”. Trademark or service mark registrations from the supplemental or equivalent registry of any country, or from individual states or provinces of a nation, will not be accepted.

h. Processing of Data. You agree to the use, copying, distribution, publication, modification, and other processing of your data by the Registry and its designees and agents in a manner consistent with the purposes of issuing a “.PRO” Domain, Defensive Registration or digital certificate, or publishing of any and all required information in the WHOIS or other relevant databases.

i. Disclaimer. You acknowledge that neither the Registry (RegistryPro, Inc.) nor DomainPeople will have any liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period including, without limitation: (i) the ability or inability of any Registrant to obtain a “.PRO” Defensive Registration or Domain during these periods, and (ii) the results of any dispute over a Sunrise/IP Defensive Registration.

j. Other Policies. 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

• The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/policy.htm .

• For IP Defensive Registrations/ Sunrise Registrations, The Policy and Rules for Intellectual Property Defensive Registration Challenges for “.PRO”, available online at: http://www.registrypro.com/policies/disputes.php .

• The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm .

• The “.PRO” TLD restriction requirements, available at http://www.registrypro.com/policies/eligibility.php .

k. Dispute Policy Modifications. You agree that the Registry may modify any applicable dispute policies. The Registry may post any such revised policy on its web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining a Domain or Defensive Registration after modifications to the dispute policy become effective, you will have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We may not refund any fees paid by you if you terminate your Agreement with us.

l. Defensive Registrations Disputes. You agree that, if your Domain name or Defensive Registration is challenged by a third party, you will be subject to the provisions specified in the relevant dispute policy in effect at the time of the dispute. You agree that in the event a dispute arises with any third party, you will indemnify and hold Alldomains.com 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 domain name or Defensive Registration, you agree not to make any changes to your registration record without our prior approval. We may not allow you to make changes to such registration 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.

m. Consent. Registrants may be asked to give their consent to allow individuals to share a part of their space. In such a circumstance, you will have ten (10) days to respond to a request for consent.

n. Continued Compliance with Requirements. The Registrant will, at all times during the term of the registration, meet the “.PRO” Registration requirements set forth by the Registry for the Registration. The Registrant will provide prompt notice to Registrar if it fails to meet such Registration requirements. DomainPeople and/or Registry will have the right to immediately and without notice to Registrant suspend, cancel, or modify Registrant's Registration if, at any time, the Registrant fails to meet the Registration requirements for such Domain.

o. Enforcement of Violations. Violations of the “.PRO” TLD restrictions may be enforced directly by or through the Registry.

• Indemnification. You agree to indemnify, defend, and hold harmless DomainPeople, RegistryPro, and their respective parent companies, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, sub-contractors, predecessors, successors, and assigns from and against any and all losses, costs, expenses (including reasonably attorneys' fees), causes of action or other liabilities of any kind, whether known or unknown, arising out of, relating to, or otherwise in connection with any DomainPeople or RegistryPro services provided pursuant to your “.PRO” Registration, including but not limited to “.PRO” eligibility verification services and the digital certificate services. This obligation will survive the termination or expiration of this Agreement for any reason.

• You will ensure that your Registration meets the applicable “.PRO” Registration requirements during the term of your Registration, and you will continue to meet such requirements and promptly notify DomainPeople if you no longer meet such requirements.

• You acknowledge that RegistryPro is a third party beneficiary of this Agreement with the right to enforce against you those provisions of the Agreement that affect RegistryPro.

• You acknowledge that RegistryPro will be the exclusive provider to you of the services with respect to (a) your Application for a “.PRO” Domain; and (b) in the event such Application is accepted, for all ongoing services with respect to “.PRO” Domain. You further acknowledge that the Registry (RegistryPro, Inc.) will have no obligation to provide such services to you. You agree that you have no contractual relationship whatsoever with RegistryPro and that you are not a third party beneficiary of any agreement between RegistryPro and DomainPeople. You further agree that RegistryPro will have no legal, equitable, or other liability of any kind to Registrant.

• You further acknowledge that if, pursuant to the performance of the initial verification services or annual re-verification services required for the issuance of a “.PRO” Domain, RegistryPro determine that you do not meet, or do not continue to meet, the applicable “.PRO” R egistration requirements, DomainPeople and RegistryPro will be entitled to retain a processing fee in connection with the performance of the initial verification services and in connection with the performance of the annual re-verification services.

22. “.DE” ccTLDs

 

In the case of a “.DE” TLD Registration, the following additional terms and conditions will apply:

a. Restrictions. Registration is restricted to those persons and entities with a local presence in Germany. If the Domain Holder is not domiciled in Germany, he/she shall be required to appoint an Administrative Contact domiciled in Germany. This Administrative Contact shall also be the Domain Holder's authorized representative for receiving the service of official or court documents for the purposes of §§174 ff. of the German Code of Civil Procedure.

b. Administrative Contact Proxy . If you do not meet the local presence requirements criteria or do not appoint an Administrative Contact domiciled in Germany, DomainPeople will automatically provide you with a .DE Administrative Contact proxy whose address meets the DENIC local presence requirements (the “Administrative Contact Proxy”).

c. By submitting your Order Form to DomainPeople or otherwise subscribing for the .DE domain name without meeting the local presence requirement, you expressly authorize and designate DomainPeople to provide the Administrative Contact Proxy to be listed as the Administrative Contact of record for your domain name(s) for the effective duration of this Agreement between you and DomainPeople.

d. Upon expiry or termination of this Agreement for any reason, all the Whois information for your domain name will be replaced with the information that existed immediately prior to the .DE Administrative Contact Proxy becoming the Administrative Contact of record you will immediately cease using the Administrative Contact Proxy.

e. You will at all times remain the true owner of your domain name(s) that are subscribed for under this Agreement and you will possess the full rights normally associated thereto.

f. You understand, acknowledge, and agree that the registration of your domain name(s), including, but not limited to, renewals, transfers, or other processes, is not one of the DomainPeople and/or the Administrative Contact Proxy and that DomainPeople and/or the Administrative Contact Proxy are not liable or responsible in any way for such processes.

g. You are solely responsible, and DomainPeople and/or the Administrative Contact Proxy are not responsible, for ensuring the confidentiality and secrecy of any and all passwords related to your domain name(s). If you forget or lose any of your passwords, and/or you require a new password, you will abide by all the security measures and procedures that DomainPeople and/or the Administrative Contact Proxy may implement and require of you, including your provision to DomainPeople and/or the Administrative Contact Proxy of valid photo identification, credit card number, and/or notarized affidavit. You understand, acknowledge, and agree that if you do not comply with or satisfy (in DomainPeople's and/or the Administrative Contact Proxy's sole discretion) DomainPeople's and/or the Administrative Contact Proxy's security and identification verification procedures, then DomainPeople and/or the Administrative Contact Proxy reserves the right to refuse any or all of your inquiries and/or requests as they relate to DomainPeople and/or the Administrative Contact Proxy Services.

h. Forwarding Services: A forwarding service will be provided and you understand, acknowledge, and agree that the Administrative Contact Proxy will forward to you only first class mail, registered mail, and couriered items (collectively referred to herein as “Mail”) which is sent to the Administrative Contact Proxy. The Administrative Contact Proxy is not obligated in any way to forward to you any Mail by first class, registered mail, or courier regardless of how the Administrative Contact Proxy received such Mail. The means of forwarding to you any and all Mail will be at the Administrative Contact Pro's sole discretion.

i. You will be solely responsible, and the Administrative Contact Proxy will not be responsible, for all fees, charges, taxes, and other costs involved in forwarding your Mail to you.

j. For Mail that appears to be of a legal nature (as solely determined by the Administrative Contact Proxy) and received by the Administrative Contact Proxy by first class mail, the Administrative Contact Proxy will digitally scan the Mail and e-mail you the image. You will then have five (5) calendar days to reply and request that the Administrative Contact Proxy forward the particular Mail to you. If the Administrative Contact Proxy does not receive a reply from you within such five (5) calendar days, then the Administrative Contact Proxy may dispose or return to sender such Mail.

k. You understand, acknowledge, and agree that the Administrative Contact Proxy may dispose or return to sender any or all items received by the Administrative Contact Proxy that does not constitute Mail as defined herein, as determined at the Administrative Contact Proxy's sole discretion.

l. YOU HEREBY EXPRESSLY CONSENT TO THE ADMINISTRATIVE CONTACT PROXY RECEIVING, FORWARDING, RETURNING TO SENDER, REPLYING TO (IF NECESSARY), DISPOSING/DELETING, STORING, AND OTHERWISE HANDLING YOUR MAIL, AND ANY OTHER ITEM THAT THE ADMINISTRATIVE CONTACT PROXY RECEIVES ON YOUR BEHALF (ALL AT THE ADMINISTRATIVE CONTACT PROXY'S SOLE REASONABLE DISCRETION) WHICH IS SENT TO THE ADMINISTRATIVE CONTACT PROXY.

m. You understand, acknowledge, and agree that DomainPeople nor the Administrative Contact Proxy will in no way be liable or responsible for any Mail, or other item received by the Administrative Contact Proxy on your behalf that is missing, destroyed, damaged, stolen, lost, or otherwise.

n. You understand, acknowledge, and agree that you will indemnify and hold harmless DomainPeople and the Administrative Contact Proxy from and against any and all claims arising out of or resulting from the failure of any Mail, and/or other items received by the Administrative Contact Proxy on your behalf from reaching you.

o. REGISTRY, REGISTRAR, AND OTHER PROVIDERS . DomainPeople and/or the Administrative Contact Proxy will not be liable or responsible in any way for any action taken by (a) the applicable domain name registry, (b) the applicable domain name registrar, or (c) any other provider of services related to your domain name(s) and/or DomainPeople and/or the Administrative Contact Proxy Services.

p. Additional Requirements: By registering a .DE Domain, the registrant also agrees to the Registration Policies of the Registry DENIC e.G found at http://www.denic.de/en/bedingungen.html and http://www.denic.de/de/bedingungen.html .

23. ".EU" ccTLDs

In the case of a .EU. TLD Registration, the following additional terms and conditions will apply:

a. Eligibility Requirements. You represent and warrant that every registration you are applying for in the .EU top-level domain (.TLD.) satisfies the eligibility requirements established by .EU TLD Adminsitrator, European Registry for Internet Domain Names (..EU Registry.), which are available at the following URL http://www.eurid.eu/en/faq#faqf0a35cdc9955ed02c9a345127ca47403.

b. Restrictions. The following categories of companies, organizations and individuals will be able to register a .EU domain: (a) an undertaking having their registered office, central administration or principal place of business within the European Community; (b) an organizations established within the European Community without prejudice to the application of national law; (c) a natural persons resident within the European Community.

c. Governing Law. You agree that any disputes between you and the .EU Registry, shall be governed in all respects by and in accordance with the laws of the European Community or one of its Member States. All disputes between you and the .EU Registry are to be brought before the tribunal of .EU Registry.s choice. All disputes between you and DomainPeople are subject to Section 14, Governing Law, of the Registration Agreement.

d. Sunrise and General Pre-registration Applications. You acknowledge and agree that the submitting of a "Sunrise or General Pre-registration Application" does not ensure that a domain name shall be successfully awarded or registered. In the event that an application does not result in a successful registration, the registration fee shall be refunded. In the case of a "Sunrise Application" where an application fee was collected, a portion of that fee shall be refunded after the deduction of a handling fee, which you acknowledge and agree is subject to change based on fluxuations in the US Dollar and Euro exchange rates. By registering a .EU Domain, the registrant also agrees to the Registration Policies of the EURid Registry found at http://www.eurid.eu/euDomainNames/sunrisePeriod.html.

24. Pre-registration

a. Domain Requests. Requesting a Domain does not mean that the Domain will be successfully registered. There may be more than one request for the same Domain via different registrars. DomainPeople will make efforts to register the requested Domain, but DomainPeople is not responsible for any name not registered.

b. Availability of Domain. Once a Domain becomes available for Registration, DomainPeople will make efforts to register the requested Domains according to Registry regulations. Once the Registry informs DomainPeople that DomainPeople is able to register the requested Domain, DomainPeople will automatically charge your credit card for such Domain.

Uniform Domain Name Dispute Resolution Policy

 

Any dispute regarding the right to use your Domain will be subject to the Dispute Policy. You agree to protect, defend, hold harmless, and indemnify DomainPeople, and DomainPeople's executives, directors, officers, managers, employees, consultants, and agents, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from any and all dispute resolution proceedings. DomainPeople may modify the Dispute Policy in its sole discretion at any time with the permission of ICANN. Your continued Registration of your Domain after modifications to the Dispute Policy become effective constitutes your acceptance of those modifications. If you do not agree to such modifications, you may request that your Domain be deleted.

You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your Domain is challenged by a third party. You also agree that in the event a Domain dispute arises with any third party, you will protect, defend, hold harmless, and indemnify DomainPeople, and DomainPeople's executives, directors, officers, managers, employees, consultants, and agents, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from any and all dispute resolution proceedings.

You further agree to be bound by the START-UP TRADEMARK OPPOSITION POLICY FOR “.BIZ” Domains located at http://www.neulevel.com/countdown/stop.html. You acknowledge having read and understood the following documents, and you agree to be bound by the terms and conditions of those documents as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.

 

1. Purpose

This Dispute Policy has been adopted by ICANN, and sets forth the terms and conditions in connection with any dispute between you and any party other than DomainPeople (the “Registrar”) over the Registration and use of a Domain registered by you. Proceedings under section 4 of this Dispute Policy will be conducted according to the Rules for Uniform Domain Dispute Resolution Policy (the “Rules of Procedure”), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.

 

2. Your Representations

By applying to register a Domain, or by asking DomainPeople to maintain or renew a Registration, you hereby represent and warrant to us that (a) the statements that you made in your Application and Registration are complete, current, and accurate; (b) to your knowledge, the Registration will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the Domain for an unlawful purpose; and (d) you will not knowingly use the Domain in violation of any applicable law or regulation. It is your sole responsibility to determine whether your Registration infringes or violates someone else's rights.

 

3. Cancellations, Transfers, & Changes

We will cancel, transfer, or otherwise modify Registrations under the following circumstances:

a. Subject to the provisions of section 8 of this Dispute Policy, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;

b. Our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

c. Our receipt of a decision of an administrative panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Dispute Policy or a later version of this Dispute Policy adopted by ICANN. (See sections 4(i)&(k) below.)

DomainPeople may also cancel, transfer or otherwise make changes to a Registration in accordance with the terms of your Registration Agreement or other legal requirements.

 

4. Mandatory Administrative Proceeding

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a “Provider”).

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (“Complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that:

• your Domain is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

• you have no rights or legitimate interests in respect of the Domain; and

• your Domain has been registered and is being used in bad faith.

In the administrative proceeding, the Complainant must prove that each of these three elements are present.

b. Evidence of Registration & Use in Bad Faith. For the purposes of section 4.a.(iii), the following circumstances (in particular, but without limitation) will be evidence of the Registration and use of a Domain in bad faith, if they are found by the panel (“Administrative Panel”) that will decide the dispute to be present:

• circumstances indicating that you have registered or you have acquired the Domain primarily for the purpose of selling, renting, or otherwise transferring the Registration to the Complainant who is the owner of the trademark or service mark, or to a competitor of that Complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the Domain; or

• you have registered the Domain in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding Domain, provided that you have engaged in a pattern of such conduct; or

• you have registered the Domain primarily for the purpose of disrupting the business of a competitor; or

• by using the Domain, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the Complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location, or of a product or service on your web site or location.

c. Demonstrating Rights to & Legitimate Interests in the Domain in Responding to a Complaint. When you receive a complaint, you should refer to paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances (in particular, but without limitation) will demonstrate your rights or legitimate interests to the Domain for purposes of Paragraph 4(a)(ii), if found by the Administrative Panel to be proved based on its evaluation of all evidence presented:

• before any notice to you of the dispute, your use of, or demonstrable preparations to use, the Domain or a name corresponding to the Domain in connection with a bona fide offering of goods or services; or

• you (as an individual, business, or other organization) have been commonly known by the Domain, even if you have acquired no trademark or service mark rights; or

• you are making a legitimate non-commercial or fair use of the Domain, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d. Selection of Provider. The Complainant will select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in section 4.f.

e. Initiation of Proceeding & Process & Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the Administrative Panel.

f. Consolidation. In the event of multiple disputes between you and a Complainant, either you or the Complainant may petition to consolidate the disputes before a single Administrative Panel. This petition will be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Dispute Policy or a later version of this Dispute Policy adopted by ICANN.

g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Dispute Policy will be paid by the Complainant, except in cases where you elect to expand the Administrative Panel from one (1) to three (3) panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

h. DomainPeople's Involvement in Administrative Proceedings. DomainPeople does not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. Moreover, DomainPeople will not be liable as a result of any decision rendered by the Administrative Panel.

i. Remedies. The remedies available to a Complainant pursuant to any proceeding before an Administrative Panel will be limited to requiring the cancellation of your Domain or the transfer of your Registration to the complainant.

j. Notification & Publication. The Provider will notify DomainPeople of any decision made by an Administrative Panel with respect to a Domain you have registered with DomainPeople. All decisions under this Dispute Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in section 4 will not prevent either you or the Complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your Registration should be canceled or transferred, DomainPeople will wait ten (10) business days (as observed in the location of DomainPeople's principal office) after DomainPeople is informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the Complainant in a jurisdiction to which the Complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of DomainPeople's principal office or of your address as shown in DomainPeople's Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If DomainPeople receives such documentation within the ten (10) business day period, DomainPeople will not implement the Administrative Panel's decision, and DomainPeople will take no further action, until DomainPeople receives (i) evidence satisfactory to DomainPeople of a resolution between the parties; (ii) evidence satisfactory to DomainPeople that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your Domain.

 

5. All Other Disputes & Litigation

All other disputes between you and any party, other than DomainPeople, regarding your Registration that are not brought pursuant to the mandatory administrative proceeding provisions of section 4 of this Dispute Policy will be resolved between you and such other party through any court, arbitration, or other proceeding that may be available.

 

6. Domainpeople's Involvement in Disputes

DomainPeople will not participate in any way in any dispute between you and any party other than DomainPeople regarding the Registration and use of your Domain. You will not name DomainPeople as a party or otherwise include DomainPeople in any such proceeding. In the event that DomainPeople is named as a party in any such proceeding, DomainPeople reserves the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend DomainPeople.

 

7. Maintaining the Status Quo

DomainPeople will not cancel, transfer, activate, deactivate, or otherwise change the status of any Registration under this Dispute Policy except as provided in section 3 of this Dispute Policy.

8. Transfers During a Dispute

a. Transfers of a Domain to a New Holder. You may not transfer your Registration to another holder (i) during a pending administrative proceeding brought pursuant to section 4 of this Dispute Policy or for a period of fifteen (15) business days (as observed in the location of DomainPeople's principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your Domain unless the party to whom the Registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. DomainPeople reserves the right to cancel any transfer of a Registration to another holder that is made in violation of this subsection 8.a.

b. Changing Registrars. You may not transfer your Registration to another registrar during a pending administrative proceeding brought pursuant to section 4 of this Dispute Policy or for a period of fifteen (15) business days (as observed in the location of DomainPeople's principal place of business) after such proceeding is concluded. You may transfer administration of your Registration to another registrar during a pending court action or arbitration, provided that the Domain you have registered with DomainPeople will continue to be subject to the proceedings commenced against you in accordance with the terms of this Dispute Policy. In the event that you transfer a Registration to DomainPeople during the pendency of a court action or arbitration, such dispute will remain subject to the Domain dispute policy of the registrar from which the Registration was transferred.

 

9. Policy Modifications

DomainPeople reserves the right to modify this Dispute Policy at any time with the permission of ICANN. DomainPeople will post our revised Dispute Policy at: http://www.domainpeople.com/revision/dispute.html at least thirty (30) calendar days before it becomes effective. Unless this Dispute Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Dispute Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any Registration dispute, whether the dispute arose before, on, or after the effective date of the change. In the event that you object to any change in this Dispute Policy, your sole remedy is to cancel your Registration with DomainPeople, provided that you will not be entitled to any refund of any fees you paid to DomainPeople. The revised Dispute Policy will apply to you until you cancel your Registration.