REGISTRATION
AGREEMENT
This Registration
Agreement ("Agreement") sets forth the terms and conditions of your
use of Registar.Club, Inc.'s domain name registration services
to register an Internet domain name, your registration of that domain name, as
well as other Registar.Club domain name related services. In this Agreement
"you" and "your" refer to each customer and "we",
"us" and "our" refer to Registar.Club. This Agreement explains our
obligations to you, and explains your obligations to us for various Registar.Club
services. By selecting our service(s) you have agreed to establish an account
with us for such services. When you use your account or permit someone else to
use it to purchase or otherwise acquire access to additional Registar.Club service(s)
or to cancel your Registar.Club service(s) (even if we were not notified of such
authorization), this Agreement covers such service or actions. By using the
service(s) provided by Registar.Club under this Agreement, you acknowledge that you
have read and agree to be bound by all terms and conditions of this Agreement,
the accompanying dispute policy and any pertinent rules or policies that are or
may be published by Registar.Club.
This Agreement
will become effective when accepted by Registar.Club. Registar.Club may elect to accept or
reject your domain name registration application for any reason at its sole
discretion, such rejection including, but not limited to, rejection due to a
request for registration of a prohibited domain name.
1.
Our Services:
Registar.Club offer Top Level Domain Names
(TLDs), currently .com, .net and .org. ICANN oversees registrations and other
aspects of the TLDs. As a domain name registrar, Registar.Club is, upon
accepting your domain name registration application, your sponsor for that
application. All domain name registrations we register for TLDs are not
effective until we have delivered the domain name registration information you
provide us to the registry administrator for the TLDs, as applicable, and the
registry administrator puts into effect your domain name registration.
You agree and acknowledge that Registar.Club is not liable or responsible in any
way for any errors, omissions or any other actions by the registry
administrator arising out of or related to your application and receipt of, or
failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless the registry
administrator and its directors, officers, employees, and agents from and
against any and all claims, damages, liabilities, costs, and expenses
(including any direct, indirect, incidental, special or consequential damages
and reasonable legal fees and expenses) arising out of, or related to, your
domain name registration.
2.
What We Do Not Do:
We cannot and do not check to see whether the domain name you select, or
the use you make of the domain name, infringes legal rights of others. We urge
you to investigate to see whether the domain name you select or its use
infringes legal rights of others, and in particular we suggest you seek advice
of competent counsel. You may wish to consider seeking one or more trademark
registrations in connection with your domain name. You should be aware that
there is the possibility we might be ordered by a court to cancel, modify, or
transfer your domain name. You should also be aware that if we are sued or
threatened with lawsuit in connection with your domain name, we might turn to
you to hold us harmless and to indemnify us.
3.
Dispute Policy:
You agree to be bound by the current Registar.Club Domain Name Dispute
Policy ("Dispute Policy"), which is incorporated into this Agreement
by reference. The Dispute Policy can be found at http://registar.club.
Any disputes regarding the right to use your domain name will be subject to the
Dispute Policy. Registar.Club may modify the Dispute Policy in its sole discretion at
any time. Your continued designation of Registar.Club as the registrar of your domain
name after modification to the Dispute Policy becomes effective constitutes
your acceptance of those modifications. You agree that you will be subject to
the provisions specified in the Dispute Policy in effect at the time a third
party challenges your domain name.
4.
Fees and Payment:
As consideration for the domain name registration services provided by
Registar.Club to you, you agree to pay Registar.Club, at the time of submitting your
application for registration, all applicable initial registration fees and
renewal fees in accordance with Registar.Club's fee schedule published at Registar.Club's
website. All fees are non-refundable, in whole or in part, even if your domain
name registration is suspended, cancelled or transferred prior to the end of
the registration term. You will be notified when renewal fees are due, and it
shall be your responsibility to ensure that such fees are paid. Should these
fees go unpaid by the time specified in the renewal notice, your registration
will be cancelled. You agree that Registar.Club shall have no liability whatsoever with
respect to any such cancellation.
In the event of a charge back by a credit card company (or similar
action by another payment provider allowed by us) in connection with the
payments of the registration or renewal fee for your domain name registration,
you agree and acknowledge that the domain name registration shall be
transferred to Registar.Club as the paying entity for that registration to the registry
and that we reserve all rights regarding such domain name including, without
limitation, the right to make the domain name available to other parties for
purchase. We will reinstate your domain name registration solely at our
discretion, and subject to our receipt of the initial registration or renewal
fee and our then current reinstatement fee, currently set at $200.00.
You will be notified sixty (60) and thirty (30) days prior to when a
renewal fee is due. Should a renewal fee go unpaid within the time specified in
a third notice or reminder regarding renewal, your registration will be
cancelled. Payment must be made by credit card or such other method as we may
indicate in the registration application or renewal form. We will renew your
name for you for the term specified provided your credit card or other billing
information is available and up to date, unless you instruct us otherwise
within the time specified. If your billing information is not accurate and you
wish to renew your domain name registration, we will contact you to update this
information and charge you accordingly.
5.
Transfer to Another Registrar:
You agree that you may not transfer your domain name registration to
another domain name registrar during the first sixty (60) days from the
effective date of your initial domain name registration with Registar.Club. Your
request to transfer to another registrar may be denied in situations described
in the Dispute Policy, including, but not limited to: a dispute over the
identity of the domain name holder; bankruptcy; and default in the payment of
any fees. You have the ability to prevent a transfer to another Registrar by
placing a Registrar Lock ("lock") on your domain. By having a lock
status on your domain, you are providing express objection to any and all
transfer requests issued from another Registrar. Should you choose to transfer
to another Registrar, you must log into your account and remove the lock prior
to our receipt of the transfer request from the gaining Registrar.
6.
Modifications to Registar.Club's Registration Agreement and Dispute
Policy:
You acknowledge that the domain name system and the practice of
registering and administering domain names are evolving, and therefore you
agree that Registar.Club may modify this Agreement and the Dispute Policy if necessary
to comply with its ICANN agreement, and any other Agreements that Registar.Club is
currently bound by or will be bound by in the future, as well as to adjust to
changing business circumstances. Your continued use of the domain name
registered to you shall constitute your acceptance of this Agreement and the
Dispute Policy with the new modifications. If you do not agree to any of such
changes, you may request that your domain name registration be cancelled or
transferred to a different domain name registrar. You agree that such
cancellation or request for transfer will be your exclusive remedy if you do
not wish to abide by any changes to this Agreement or the Dispute Policy.
7.
Domain Name Registration Information and Its Use:
a. Information You Are Required to Submit. As part of
the registration process, you are required to provide certain information and
to update this information promptly as needed to keep it current, complete and
accurate. The information you are obligated to provide in connection with the
domain name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal
address, e-mail address, voice telephone number, and where available, fax
number; and
iii. The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the billing contact for the
domain name; and
iv. Valid payment information
You agree and acknowledge that when you renew your
domain name registration, the type of information you are required to provide
may have changed. If you do not wish to provide the new required information,
your registration may not be renewed.
All other information which we may
request from you at registration is voluntary. However, not providing the
requested information may prevent you from obtaining all products and services
made available to domain name registrants by us, other than registration of the
domain name.
b. Additional Information Maintained About Your
Registration. In addition to the information you provide, we maintain records
relating to your domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration
application to us and by us to the proper registry;
iii. Communications (electronic or paper form)
constituting registration orders, modifications, or terminations and related
correspondence between you and us;
iv. Records of account for your domain name
registration, including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any
secondary nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the technical contact for
the domain name;
viii. The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the zone contact for the
domain name;
ix. The expiration and renewal date of the
registration;
x. Information and copies in electronic or paper form
regarding all other activity between you and us and third parties relating to
your domain name registration and related services.
c. Your Obligations Relating to the Account
Information. In the event that, in registering the domain name, you are
providing information about or on behalf of a third party, you hereby represent
that you have (a) provided notice to that third party of the disclosure and use
of that party's information as set forth in this Agreement, and (b) that you
have obtained that third party's express consent to the disclosure and use of
that party's information as set forth in this Agreement. By registering a name
or applying for services you also represent that the statements in its
application are true and you also represent that the Domain Name is not being
registered for any unlawful purpose.
You acknowledge that willfully providing inaccurate
information or willfully failing to update information promptly will constitute
a material breach of this Agreement and will be sufficient basis for
cancellation of your domain name registration. You further agree that your
failure to respond for over ten (10 ) calendar days to inquiries by Registar.Club
concerning the accuracy of contact details associated with your registration
shall constitute a material breach of this Agreement and will be sufficient
basis for cancellation of your domain name registration.
d. Privacy Policy: Disclosure and Use of Registration
Information. You agree and acknowledge that Registar.Club will make available domain
name registration information you provide or that we otherwise maintain to
ICANN, to the registry administrator(s), and to other third parties as ICANN
and applicable laws may require or permit. You further agree and acknowledge
that Registar.Club may make publicly available, or directly available to third party
vendors, some, or all, of the domain name registration information you provide,
for purposes of inspection (such as through our "whois" service) or
for targeted marketing and other purposes as required or permitted by ICANN and
applicable laws.
Additionally, you acknowledge that ICANN may
establish guidelines, limits and/or requirements that relate to the amount and
type of information that Registar.Club may or must make available to the public or to
private entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures
and use of, and guidelines, limits and restrictions on disclosure or use of,
information provided by you in connection with the registration of a domain
name (including any updates to such information), whether during or after the
term of your registration of the domain name. You hereby irrevocably waive any
and all claims and causes of action you may have arising from such disclosure
or use of your domain name registration and other information by Registar.Club.
You may access your domain name registration
information in our possession to review, modify or update such information, by
accessing your account at our web site (http://registar.club), or via a similar
service. In order to change any of your account information with us, you must
use your Account Identifier and Password that you selected when you opened your
account with us. Please safeguard your Account Identifier and Password from any
unauthorized use. You agree that any person in possession of you Account
Identifier and Password will have the ability and your authorization to modify
your account information. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password. Registar.Club will take
reasonable precautions to protect the information it obtains from you from our
loss, misuse, unauthorized access or disclosure, alteration or destruction of
that information.
8.
Ownership of Information and Data:
You agree and acknowledge that we owns all database, compilation,
collective and similar rights, title and interests worldwide in our domain name
database, and all information and derivative works generated from the domain
name database. You further agree and acknowledge that we own the following
information for those registrations for which we are the registrar: (a) the
original creation date of the registration, (b) the expiration date of the
registration, (c) the name, postal address, e-mail address, voice telephone
number, and where available fax number of all contacts for the domain name
registration, (d) any remarks concerning the registered domain name that appear
or should appear in the WHOIS or similar database, and (e) any other
information we generate or obtain in connection with the provision of domain
name registration services, other than the domain name being registered, the IP
addresses of the primary nameserver and any secondary nameservers for the
domain name, and the corresponding names of those nameservers. Registar.Club does not
have any ownership interest in your specific personal registration information
outside of its rights in our domain name database.
9.
Agents
and Licenses:
You agree that if your domain name is registered on your behalf by
anyone acting as your agent (e.g., an Internet Service Provider, employee,
etc.), you are nonetheless bound as a principal by all terms and conditions
provided herein, including the Dispute Policy.
You agree that if you license the use of your domain name to a third
party, you re-main the domain name holder, and remain responsible for all
obligations under this Agreement.
10.
Notices and announcements:
You authorize us to notify you as our customer of information that we
deem is of potential interest to you. Notices and announcements may include commercial
e-mails and other notices describing changes, upgrades, new products and
services or other information pertaining to Internet security or to enhance
your identity on the Internet and/or other relevant matters. If you do not wish
to receive bulk email solicitation notices or announcements please send us an
email with the word "Remove" in the subject line to support@registar.club.
11. Limitation of Liability:
YOU AGREE THAT Registar.Club WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS
OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME
REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE
DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS
OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (7) EVENTS BEYOND Registar.Club'S CONTROL; (8) THE PROCESSING OF THIS
APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR
MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE
DISPUTE POLICY. Registar.Club ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF Registar.Club HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL Registar.Club'S MAXIMUM AGGREGATE LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT
GREATER THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY
LAW.
12.
Indemnification:
You agree to defend, indemnify and hold harmless Registar.Club for any loss,
damages or costs, including reasonable attorneys' fees, resulting from any
third party claim, action, or demand related to the registration or use of the
domain name registered in your name. This indemnification is in addition to any
indemnification required under the Dispute Policy.
13.
Representations and Warranties:
You represent that, to the best of your knowledge and belief, neither
the registration of the domain name nor the manner in which it is directly or
indirectly used infringes the legal rights of a third party. You further
represent and warrant that all information provided by you in connection with
your domain name registration is accurate.
ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS
IS." Except for our statement regarding our accreditation as an
ICANN-approved domain name registrar in the introductory paragraph of this
Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME
REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION
TO THE FOREGOING, Registar.Club MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL
IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM
SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
14.
Breach and Revocation:
Registar.Club reserves the right to suspend, cancel, transfer or modify your
domain name registration in the event (a) you materially breach this Agreement
(including the Dispute Policy) and do not cure such breach within thirty (30)
days of notice by Registar.Club, (b) you use the domain name registered to you to send
unsolicited commercial advertisements in contradiction to either applicable
laws or customary acceptable usage policies of the Internet, (c) you use your
domain name in connection with unlawful activity, or (d) grounds arise for such
suspension, cancellation, transfer or other modification as provided for in
this Agreement.
You further acknowledge and agree that your registration of a domain
name is subject to suspension, cancellation or transfer by any ICANN procedure,
by any registrar (including Registar.Club) or registry administrator procedures
approved by an ICANN-adopted policy, or by any other ccTLD registry
administrator procedures as the case may be, (X) to correct mistakes by Registar.Club,
another registrar or the registry administrator in administering the name or
(Y) for the resolution of disputes concerning the domain name.
You also agree that Registar.Club shall have the right in its sole discretion to
suspend, cancel, transfer or otherwise modify a domain name registration upon
seven (7) calendar days prior written notice, or at such time as Registar.Club receives
a properly authenticated order from a court of competent jurisdiction, or arbitration
award, requiring the suspension, cancellation transfer or modification of the
domain name registration.
15.
Right Of Refusal:
We, in our sole discretion, reserve the right to refuse to register or
reserve your chosen domain name or register you for other Registar.Club service(s), or
to delete your domain name within thirty (30) calendar days from receipt of
your payment for such services. In the event we do not register or reserve your
domain name or register you for other Registar.Club service(s), or we delete your
domain name or other Registar.Club service(s) within such thirty (30) calendar day
period, we agree to refund your applicable fee(s). You agree that we shall not
be liable to you for loss or damages that may result from our refusal to
register or reserve, or delete your domain name or register you for other Registar.Club
service(s)
16.
Governing Law:
Registrant agrees that this Registration Agreement is governed in all
respects by and construed in accordance with the laws of People’s Republic of
China. By submitting this Registration Agreement, Registrant consents to the
exclusive jurisdiction and venue of the Courts of China and all courts hearing
appeals from such Courts.
17. Notices:
You agree that any notices required to be given under this Agreement by Registar.Club
to you will be deemed to have been given if delivered in accordance with the
contact information you have provided.
18.
Infancy:
You
attest that you are of legal age to enter into this Agreement.
19.
General:
This Agreement, Registar.Club's Disclaimer and the Dispute Policy, together with
all modifications, constitute the complete and exclusive agreement between you
and Registar.Club, and supersede and govern all prior proposals, agreements, or other
communications. Nothing contained in this Policy shall be construed as creating
any agency, partnership, or other form of joint enterprise between the parties.
The failure of Registar.Club to require your performance of any provision hereof shall
not affect the full right to require such performance at any time thereafter;
nor shall the waiver by Registar.Club of a breach of any provision hereof be taken or
held to be a waiver of the provision itself. In the event that any provision of
this Policy shall be unenforceable or invalid under any applicable law or be so
held by applicable court decision, such unenforceability or invalidity shall
not render this Policy unenforceable or invalid as a whole. Registar.Club 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 Registar.Club as
reflected in the original provision. This Agreement, Registar.Club's Disclaimer and the
Dispute Policy may not be amended or modified by you except by means of a
written document signed by both you and an authorized representative of Registar.Club.
.INFO ADDENDUM
Should
you seek to register a .INFO second level domain name, you must
contractually agree to the following terms:
1. Registrant consents
to the use, copying, distribution, publication, modification, and
other processing of the Registrant's Personal Data by Afilias Limited,
and its designees and agents in a manner consistent with the purposes
specified pursuant in its contract with ICANN.
2. Registrant agrees
to submit to proceedings under the UDRP Dispute Policy and comply
with the requirements set forth by Afilias Limited for domain names
registered during the Sunrise Period, These policies are subject
to modification by Afilias Limited.
3. Registrant agrees
to immediately correct and update the registration information for
any domain name during its registration term, failure to correct
this information shall constitute a breach of this Agreement. Registrant
acknowledges that Afilias Limited will have no liability of any
kind for any loss or liability resulting from the proceedings and
processes relating to the Sunrise Period or the Land Rush Period
including, without limitation: (a) the ability or inability of a
Registrant to obtain a domain name during either the Sunrise or
Land Rush periods, and (b) the results of any dispute over a domain
name registration which is processed during the Sunrise period.
4. Registrar and Afilias
Limited expressly reserve the right to deny, cancel or transfer
any registration that it deems necessary, in its discretion, to
protect the integrity and stability of the registry, to comply with
any applicable laws, government rules or requirements, requests
of law enforcement, in compliance with any applicable dispute resolution
process, or to avoid any liability, civil or criminal, on the part
of Registrar and/or Afilias Limited as well as their affiliates,
subsidiaries, officers, directors and employees. Registrar and Afilias
Limited also reserve the right to freeze a domain name during resolution
of a dispute.
.BIZ ADDENDUM
Should you seek
to register a .BIZ second level domain name, you must contractually agree to
the following terms:
1.
BIZ
RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used
primarily for bona fide business or commercial purposes. For purposes of the
.biz Registration Restrictions ("Restrictions"), "bona fide
business or commercial use" shall mean the bona fide use or bona fide
intent to use the domain name or any content, software, materials, graphics or
other information thereon, to permit Internet users to access one or more host
computers through the DNS:
A.
To exchange
goods, services, or property of any kind;
B.
In the
ordinary course of trade or business; or
C.
To
facilitate (i) the exchange of goods, services, information, or property of any
kind; or, (ii) the ordinary course of trade or business.
Registering a domain name solely
for the purposes of (1) selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to sell, trade or lease the
domain name for compensation shall not constitute a "bona fide business or
commercial use" of that domain name.
2. BIZ CERTIFICATION. As a .biz domain
name Registrant, you hereby certify to that:
A.
The
registered domain name will be used primarily for bona fide business or
commercial purposes and not (i) exclusively for personal use; or (ii) solely
for the purposes of (1) selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to sell, trade or lease the domain
name for compensation. For more information on the .biz restrictions, which are
incorporated herein by reference, please see: http://www.neulevel.biz/faqs/biztld_qa.htm#7
B.
The domain
name Registrant has the authority to enter into the registration agreement; and
C. The registered domain name is reasonably
related to the Registrant's business or intended commercial purpose at the time
of registration.
3. PROVISION OF REGISTRATION DATA
3.1
Provision of Registration Data. As part of the registration process, you are
required to provide the registry administrator with certain information and to
update this information to keep it current, complete and accurate. This
information includes (i) your full name, postal address, e-mail address, voice
telephone number, and fax number if available; (ii) the name of an authorized
person for contact purposes in the case of a Registrant that is an
organization, association, or corporation; (iii) the IP addresses of the
primary nameserver and any secondary nameserver(s) for the domain name; (iv)
the corresponding names of those nameservers; (v) the full name, postal
address, e-mail address, voice telephone number, and fax number if available of
the technical contact for the domain name; (vi) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
administrative contact for the domain name; (vii) the name, postal address,
e-mail address, voice telephone number, and fax number if available of the
billing contact for the domain name; and (viii) any remark concerning the
registered domain name that should appear in the Whois directory. You agree and
understand that the foregoing registration data will be publicly available and
accessible on the Whois directory as required by ICANN/Registry Policy and may
be sold in bulk in accordance with the ICANN Accreditation Agreement (the
"ICANN Agreement"), available at ICANN's site. For bulk services in
respect of the registration data which are provided by Registar.Club, if the Registrant
does not consent to the use of such information for inclusion in registers and
data bases produced by Registar.Club or its licensees, then the Registrant is required
to provide non consent verification stating name, address, date and signed by
the appropriate authorised individual. This must be sent to Place de France, Moroni, Comoros.
3.2
Inaccurate or Unreliable Data. You hereby represent and warrant that the data
provided in the domain name registration application is true, correct, up to
date and complete and that you will continue to keep all the information
provided up to date. Your willful provision of inaccurate or unreliable information,
your willful failure promptly to update information provided to the registry
administrator, or any failure to respond for over five calendar days to our
inquiries addressed to the e-mail address of the administrative, billing or
technical contact then appearing in the Whois directory with respect to an
domain name concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered by or
through you or your account, shall constitute a breach of this Agreement. Any
information collected by the registry administrator concerning an identified or
identifiable natural person ("Personal Data") will be used in
connection with the registration of your domain name(s) and for the purposes of
this Agreement and as required or permitted by the ICANN Agreement or any
ICANN/Registry Policy.
4. DOMAIN NAME DISPUTE POLICY. If you
reserved or registered a .biz domain name through the registry administrator,
you agree to be bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by reference. Please take
the time to familiarize yourself with that policy. In addition, you hereby
acknowledge that you have read and understood and agree to be bound by the terms
and conditions of the following documents, as they may be amended from time to
time, which are hereby incorporated and made an integral part of this
Agreement:
A.
The Start-up
Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.biz/ardp/docs/stop.html; and
B.
The
Restrictions Dispute Resolution Criteria and Rules, available at
http://www.neulevel.biz/ardp/docs/rdrp.html.
The STOP sets forth the terms and conditions in connection with a
dispute between a Registrant of a .biz domain name ("Registrant")
with any third party (other than registry administrator or registrar) over the
registration or the use of a .biz domain name registered by Registrant that is
subject to the Intellectual Property Claim Service. The Intellectual Property
Claim Service is a service introduced by Registry administrator to notify a
trademark or service mark holder ("Claimant") that a second-level
domain name has been registered in which that Claimant claims intellectual
property rights. In accordance with the STOP and its associated Rules, those
Claimants will have the right to challenge registrations through independent
ICANN-accredited dispute resolution providers. The RDRP sets forth the terms
under which any allegation that a domain name is not used primarily for
business or commercial purposes shall be enforced on a case-by-case, fact
specific basis by an independent ICANN-accredited dispute provider. None of the
violations of the Restrictions will be enforced directly by or through Registry
administrator. Registry administrator will not review, monitor, or otherwise
verify that any particular domain name is being used primarily for business or
commercial purposes or that a domain name is being used in compliance with the
SUDRP or UDRP processes.
5. DOMAIN NAME DISPUTE POLICY
MODIFICATIONS. You agree that the registry administrator, in its sole
discretion, may modify its dispute policy. The registry administrator will post
any such revised policy on its Web site at least thirty (30) calendar days
before it becomes effective. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the dispute policy
become effective, you have agreed to these modifications.
6. RESERVATION OF RIGHTS. Registar.Club, Inc.
and the .biz registry administrator, NeuLevel, Inc. expressly reserve the right
to deny, cancel or transfer any registration that it deems necessary, in its
discretion, to protect the integrity and stability of the registry, to comply
with any applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process, or to avoid any
liability, civil or criminal, on the part of Registar.Club, Inc. and/or NeuLevel,
Inc., as well as their affiliates, subsidiaries, officers, directors and
employees. Registar.Club, Inc. and NeuLevel, Inc. also reserve the right to freeze
a domain name during resolution of a dispute.
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