This Terms of Service Agreement
("Agreement") sets forth the terms and conditions of your use of
domain name registration and related services ("Services") accessible
through this website ("Site"). In this Agreement "you" and
"your" refer to you and the registrant listed in the WHOIS contact
information for the domain name. "We", "us" and
"our" refer to Nimzo 98, LLC.
and any associated registrars (collectively, the "Company"), any of which will
be the registrar for your domain name and all of which share common ownership,
common terms and conditions, and a shared Services infrastructure. This
Agreement explains the mutual obligations between you and the Company based
upon your purchase and/or use of Services through and from the Company.
AGREEMENT: By using the Services, you agree to all terms and conditions of this
Agreement, the Uniform Domain-Name Dispute-Resolution Policy ("UDRP") (defined
below) and any rules, policies, or agreements published in association with specific
Services and/or which may be adopted or enforced by the Internet Corporation
for Assigned Names and Numbers ("ICANN"), any registry, or
TO THIS AGREEMENT:
This Agreement may change over time, either through amendments by us, changes
to ICANN policy or applicable law which may or may not be reflected in the
text of this Agreement, or otherwise. We may, in our sole and absolute
discretion, change or modify this Agreement, and any policies or
agreements which are incorporated herein, at any time, and such changes or
modifications shall be effective immediately upon posting to this
Site. Your continued use of the Site or Services following the
posting of any changes to this Agreement constitutes your binding
acceptance of those changes.
RIGHTS AND RESPONSIBILITIES
has developed, in consultation with registrars, a webpage that identifies
important registrant rights and responsibilities, accessible at http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities.
The document provides a "plain language" summary of terms
related to Registrant Rights and Responsibilities as set out in the
Registrar Accreditation Agreement (RAA), for posting on registrar
websites. While some of the terms included do not specifically refer to
registrants, those terms are included because of the potential import to
understanding registrar/registrant relations. The document also summarizes
registrant rights and responsibilities that arise within ICANN Consensus
Policies and specifications, as those policies and specifications are
incorporated into the RAA. The summarization of terms within this
document do not override or replace the terms set forth in the RAA or
within those specifications or policy. Please review these important
Registrant Rights and Responsibilities.
must create an account to use the Services ("Account"). You are
solely responsible for maintaining, securing, updating, and keeping
strictly confidential all login IDs and passwords, and for all access to
and use of your Account by you or any third party.
CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
the Registrant, agree to provide and maintain current, complete and
accurate information of the Whois Record and all the data elements
relating to your domain name(s), and update them within seven (7) days
of any change during the term of the Services, including: the full name,
postal address, e-mail address, voice telephone number, and fax number
if available of the Registered Name Holder; name of authorized person
for contact purposes in the case of an Registered Name Holder that is an
organization, association, or corporation. You agree that provision of
inaccurate or unreliable information, and/or your failure to promptly
update information provided to Company within seven (7) days of any
change, or its failure to respond for over seven (7) days to inquiries
by Company to the email address your provided Company, or any other
contact listed for the Company's database concerning the accuracy of
contact information associated with the Services shall be constituted as
a breach of this Agreement and a basis for freezing, suspending, or
deleting the Services.
- If you
intends to license use of a domain name to a third party or a
privacy/proxy service, you are nonetheless the Registered Name holder of
record and are responsible for
the domain name's own complete contact information and for;
and updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that arise in
connection with the registered domain name
- If you
license use of the registered domain name according to this provision,
you shall accept liability for harm caused by wrongful use of the registered
domain name, unless you disclose the current contact information
provided by the licensee and the identity of the licensee within seven
(7) days to a party providing the registrant reasonable evidence of
may provide information regarding the name-servers assigned to your
domain name(s) and, if we are providing name-server services to you, the
DNS settings for the domain name. If you do not provide complete
name-server information, or if you purchase "Name Only"
Services, we may supply this information (and point your domain name to
a website of our choosing) until such time as you elect to supply the
name-server information or until such time as you elect to upgrade from
"Name Only" Services.
RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
- If, in
obtaining Services, you provide information about or on behalf of a
third party, you represent and warrant that you have (a) provided notice
to that third party of the disclosure and use of that party's
information as set forth in this Agreement, and (b) obtained the third
party's express written consent to the disclosure and use of that
party's information as set forth in this Agreement.
represent and warrant that the statements in your application are true
and that no Services are being procured for any unlawful purpose,
including but not limited to the infringement of any intellectual
property right, the unauthorized transfer to yourself or any other party
of any domain name or Services, or the violation of any laws, rules, or
regulations (the "Illegal Uses"). Providing inaccurate
information, failing to immediately update information or engaging in any
Illegal Uses will constitute an incurable material breach of this
Agreement. Your failure to respond for over ten (10) calendar days to
inquiries by us concerning the accuracy of Account and WHOIS contact
information shall constitute an incurable material breach of this
are responsible for regularly monitoring email sent to the email address
in your Account. You may lose your rights to the domain name(s) or your
right to receive the Services if you do not respond appropriately and
timely to an email sent in conjunction therewith.
order to change any of your Account or domain name WHOIS information,
you must access your Account with us. It is your duty to safeguard your
Account login identifier and password from any unauthorized use. Any
person in possession of your Account login identifier and password will
have both the ability and your authorization to modify your Account and
domain name information, initiate transfers of your domain name(s) to
other registrars, initiate registrant changes to your domain names which
may terminate your rights to use such domain name(s), update DNS changes
to your domain name(s) which may result in changes to the content
associated with your domain name(s) and take other actions which may affect
or terminate your rights and access to your domain name(s) and/or the
will take reasonable precautions to protect the information we obtain
from you from loss, misuse, unauthorized access or disclosure,
alteration or destruction of that information and such reasonable
precautions include procedures for releasing Account access information
to parties who claim to have lost Account access information. If we take
reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE
LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED
USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE
FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY
CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION
FOUND IN PARAGRAPH 15 BELOW IN THIS AGREEMENT.
- If you
contact us alleging that a third party has unauthorized access to your
Account or domain names, we may charge you administrative fees for our
time spent in relation to the matter, regardless of whether or not we
return control over the Account and/or domain name(s) to you. You will
indemnify us for any reasonable attorneys fees and costs we may incur in
relation to the matter, even if those fees and costs accrue as a result
of defending an action, or responding to a threat of an action,
initiated by You or a third party.
OF WHOIS INFORMATION:
will make available the domain name registration information you provide
or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized
escrow service, the registry administrator(s), and to other third
parties as ICANN and applicable laws may require or permit (including
through web-based and other on-line WHOIS lookup systems), whether
during or after the term of your domain name registration services of
the domain name. You irrevocably waive any and all claims and causes of
action you may have arising from such disclosure or use of such
information. We may make publicly available, or directly available to
third parties, some, or all, of the 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
applicable laws, including by way of bulk WHOIS data access provided to
third parties who enter into a bulk WHOIS data access agreement with us.
may establish or modify the guidelines, limits and/or requirements that
relate to the amount and type of information that we may or must make
available to the public or to private entities, and the manner in which
such information is made available. Information regarding ICANN's
guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm,
and elsewhere on the ICANN website at http://www.icann.org/.
- VERIFIED ACCOUNTS:
- You may become a Verified Account Holder by providing us authentication materials. Nimzo 98, LLC. may require that you provide a true and correct copy of your driver's license, government photo identification, passport, social security number, utility bill with current residential address, and/or a notarized affidavit verifying your identity. In addition, Nimzo 98, LLC. may require video authentication. Based upon a review of the requested materials, Nimzo 98, LLC, at its sole discretion, will determine your eligibility as a Verified Account Holder.
- We are
accredited registrars with ICANN for generic Top Level Domain Names
("gTLDs") (such as .com, .net, .org, etc.). ICANN oversees
registrations and other aspects of the gTLDs. We also are registrars for
a variety of country code Top Level Domains ("ccTLDs") (such
as .co.uk, .de, etc.). For a partial list of registry administrators and
for more information on gTLDs, see http://www.icann.org/tlds/. Domain name
registrations are not effective until the registry administrator puts
them into effect. Domain name registrations are only for limited terms that
end on the expiration date. For domain names that are created as a new
registration out of the pool of available domain names, the term begins
on the date the domain name registration is acknowledged by the
applicable registry. For domain name registrations that were not
returned to the pool of available domain names, the term begins on the
date the previous registrant's domain name registration was acknowledged
by the applicable registry.
- We are
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
a request to register, renew, modify the settings for, or transfer of a
domain name registration. You acknowledge that domain name registration
is a service, domain name registrations do not exist independently from
services provided pursuant to this or a similar registration agreement
with a registrar, domain name registration services do not create a
property interest and you have no such property interest in any domain
name(s) which you may register with us.
provide a venue for notifying third parties of the availability of currently-registered,
recently-expired, or recently-released domain names for sale.
While some processes may occur in an auction style format or operate
with the label "Auction" or "Online Auction", we are
not an auctioneer, auction house, or an escrow agent.
must have an Account in order to participate in any Domain Name
Marketplace transaction. You agree to thoroughly, accurately, and
honestly complete all forms and requests for information to us. You
understand and agree that we will not be responsible for any false or
misleading information you provide, whether intentionally or
allow you to place a listing in our Domain Name Marketplace area as a
means of advertising on your behalf that your domain name is available
for sale to third parties ("Listing Transaction").
understand and agree that you are participating in a Listing Transaction
by either (1) placing a listing in the Domain Name Marketplace as a
seller on behalf of Yourself or a third party ("Seller"); (2)
purchasing a domain name vis-a-vis the Marketplace on behalf of yourself
or a third party ("Buyer"); or (3) participating in
communications and/or negotiations for the sale or purchase of a domain
name in the Domain Name Marketplace, whether or not such activities
result in a completed sale or purchase ("Interested Party" or
"Bidder"). By participating in a Listing Transaction,
you agree to abide by the terms and conditions set forth in this
Agreement. You further agree to pay any and all required fees to
have the ability to place, edit, and remove listings in the Domain Name
Marketplace via your Account. We will not place listings on your
behalf. You understand and agree that you are solely responsible
and liable for any domains placed into the Domain Name Marketplace from
your Account, whether such placement is intentional or
unintentional. By placing a listing, you represent and warrant
that: (i) You have all rights, titles, and interests in the domain name
as necessary to complete the Listing Transaction; (ii) the domain name
does not infringe upon the intellectual property rights of any third
party; (iii) you are able to transfer the domain name in accordance with
your obligations under this Agreement; and, (iv) the domain name is not
currently, and will not in the reasonably foreseeable future be, the
subject of a UDRP dispute, administrative proceeding, or any criminal or
civil litigation of any kind.
understand and agree that transfer of the domain name to the Buyer's account may be completed before we have
received timely and valid payment. You further understand and agree that
the transfer by us of any such domain name is done without warranty, and
we expressly disclaim any and all warranties or representations that the
transferred domain name does not infringe upon the intellectual property
rights of any third party, or that the transferred domain name has any
particular amount of time remaining on its term of registration.
understand and agree that, if you buy a domain name by participating in
a Listing Transaction ("Domain Sale"), a "buy" lock will be
placed on the domain name for sixty (60) days, which prohibits transfer
of the domain name to another account or another registrar. You
understand and agree that, if you sell a domain name by participating in
a Domain Sale, you will receive payment for the domain name in the form
of account credit, minus any transaction fees charged by us. By
participating in a Domain Sale, you understand and agree that we,
without liability to you or any third party, may suspend, delete,
cancel, interrupt, reverse or otherwise undo a Domain Sale by reversing
payment, deleting account credit, moving a domain name back into a
Seller's account or into a separate holding account, or by taking any
other action it deems necessary in its sole discretion in the event of
dispute, fraud, abuse, mistake, error, or any other circumstances that
we determine in our sole discretion to necessitate the interruption or
reversal of a Domain Sale transaction.
understand and agree that although some listings may state that the
Seller is selling the website in addition to the domain name, and
although the amount of money we and you receive as payment in a Domain
Sale may have the effect of constituting payment for both the domain
name and the website, we have no control over, will not and cannot
transfer possession of, any service, product, property, intellectual
property or anything else other than a domain name.
may withdraw listings at any time for any reason by changing the domain
settings within their Account unless the domain name is in auction. In addition, listings may terminate
if a domain name is disabled, suspended, or removed from the Seller's
customer account for any reason, including but not limited to pushing the
domain to another account, transferring the domain to another registrar,
or expiration of the domain.
the Domain Sale is complete, normal terms and conditions of domain name
registrations as set forth elsewhere in this Agreement apply. You
acknowledge and agree that the term of registration is whatever period
remains on the Seller's initial registration term at the time of the
Listing Transaction. You understand and agree that you may extend
the domain name registration term by renewing the domain pursuant to the
terms set forth in this Agreement.
- In the
event of a dispute concerning, relating to, or arising out of a Listing
Transaction or Domain Sale, you understand and agree that we shall not
participate in any such dispute, and you agree not to name us as a party
to any lawsuit, administrative proceeding or criminal investigation.
- Nimzo 98, LLC
and its partners, subsidiaries, and affiliate companies may place bids
on domain name listings in the Domain Name Marketplace and/or Auctions.
We provide a
venue for third-parties to request a backorder for currently registered domain
names. While some processes may occur in an auction style format or
operate with the label "Auction" or "Online Auction", we
are not an auctioneer, auction house, or an escrow agent.
- We can
acquire a registered domain name that subsequently becomes or is made
available for public registration. There is no initial fee for placing a
backorder request, and you will only be charged if the Company is
successful in securing an ordered domain name on your behalf. If a
backordered domain name that is sought via the Services becomes
available for public registration due to any circumstance, we will make
commercially reasonable efforts to acquire the domain name and register
it through its own registrar, or one of its registrar partners on your
- We do
not and cannot guarantee acquisition of any domain name, nor can we
guarantee at which registrar the name will ultimately be registered upon
its deletion by the applicable registry operator. To maximize your
chances of getting the domain name you want, we use a network of many
registrars, in addition to our registrars, to attempt to acquire domain
names. The domain name you backorder may therefore be registered through
a registrar other than one of our registrars.
- If we
register a domain name in response to your backorder request, you
acknowledge that the duration of the initial domain name registration
term may vary slightly depending on the method used fulfill your order.
If the domain was registered to you after deletion from a domain
registry, the registration term will be for 365 days from the date of
acquisition. If the domain did not go through deletion but rather was
registered to you via a registrar transfer, the registration term will
be for 365 days from the date of expiration listed in the WHOIS for that
order to assist you in identifying and determining the status of domain
names you may wish to order, we may offer on our website WHOIS look-up
services, in addition to services that provide information on names that
are about to or have already expired, are about to be deleted, or have
just been made available to the public for registration via our site.
Information about the status of a domain name is offered on a commercially
reasonable basis, and to our knowledge, no entity is able to reliably
offer complete and real-time information on the status of a domain name
during the time just before or soon after its deletion by the registry.
You should always attempt to obtain independent confirmation of a domain
name's status by performing a WHOIS look-up, found on the website of any
ICANN-accredited registrar, including our website, prior to placing an
you specify nameservers that should be assigned to the ordered domain
name upon its registration, we may direct the domain name to
name-servers and IP address(es) designated by us, including, without
limitation, to no IP address or to IP address(es) which host a parking
page or a commercial search engine that may display advertisements.
- In the
event that we successfully obtains registration rights for the selected
domain name, and if there are no other backorder request for the
selected domain name, you agree to pay any and all required fees to us
immediately after the selected domain name has been registered.
Valid payment must be received within forty-eight (48) hours from the
date of the selected domain name's registration ("Payment
Deadline"). You understand and agree that you bear the sole
responsibility for making timely and valid payment, and that we disclaim
any responsibility for failed or un-received payment, regardless of
reason or fault. In the event that we do not receive your timely
and valid payment by the Payment Deadline, you will immediately lose the
right to purchase the domain.
- In the
event that we obtain registration rights for a requested domain name,
and if there are two or more backorder requests by multiple parties for
the same domain name (hereinafter, "Backordering Bidders"), you understand
and agree that an auction will commence immediately after we have
obtained the registration rights for the domain name. You
understand and agree that the auction will be Public ("Public
Auction"). You also understand and agree that participation
for these Public Auctions is open to third-parties ("Third-Party
Bidders"), and participation is not limited to those parties who have
submitted backorder requests for the selected domain name ahead of
time. You acknowledge and agree that we shall have no liability to
you for failing to submit a backorder request prior to the release of
the selected domain name.
understand and agree that you may specify a maximum amount that you are
willing to bid on a domain, and that our system will automatically increase
your bid amount by the minimum bid increment each time another bidder
places a bid, so that you remain the high bidder, up to your maximum
amount ("Proxy Bidding"). You acknowledge and agree that
all Proxy Bids are final and irreversible, and that you may not lower
your maximum bid amount, or cancel the Proxy Bid, except under
extenuating circumstances as determined in our sole discretion.
However, you may increase your maximum bid amount by placing a new Proxy
Bid. If more than one bidder specifies identical maximum bid
amounts, the bid processed earlier in time, as determined by our system,
prevails. We may set a reserve price for the domain name. If the
parties do not place an offer that meets the reserve price, the domain
name may be retained by us, deleted or otherwise disposed of by us as we
see fit in our sole discretion.
- In the
event that we successfully obtain registration rights for the selected
domain name, and if there are two or more backorder requests for the
selected domain name, a Public Auction will commence. For all
completed Public Auctions, and if you are the winning bidder as
determined by us our its sole discretion ("First Place
Winner"), valid payment must be received within the Payment
Deadline. You understand and agree that you bear the sole responsibility
for making timely and valid payment, and that we disclaim any
responsibility for failed or un-received payment, regardless of reason
or fault. In the event that we do not receive your timely and
valid payment by the Payment Deadline, You will immediately lose the
right to purchase the domain. The party who placed the next
highest auction bid as determined by us in our sole discretion
("Second Place Winner"), then has the right to purchase the
domain. If you are the Second Place Winner, valid payment must be
received within twenty-four (24) hours from the end of the First Place
Winner's Payment Deadline. You understand and agree that you bear
the sole responsibility for making timely and valid payment, and that we
disclaim any responsibility for failed or un-received payment,
regardless of reason or fault. In the event that we do not receive
your timely and valid payment, you will immediately lose the right to
purchase the domain.
Bidders placing a winning bid will make payment pursuant to Section
4(c)(x) above. Third-Party Bidders placing a winning bid will make
payment pursuant to Section 4(c)(x) above, plus an additional public
auction fee, which shall be determined by Nimzo 98, LLC. and may be subject to
change without notice.
understand and agree that transfer of ownership will not be completed
until (i) we have received your timely and valid payment, and (ii) upon
the termination of the Public Auction, should any Public Auction be held
for the selected domain name. You further understand and agree
that the transfer by us of any backordered domain name to a winning
bidder is done without warranty, and we expressly disclaims any and all
warranties or representations that the backordered domain name does not
infringe upon the intellectual property rights of any third party.
you have received use, possession, and/or control over the domain you
have purchased through our domain name backordering system, normal terms
and conditions of domain name registrations as set forth elsewhere in
this Agreement apply. You acknowledge and agree that the term of
the registration is whatever period is so stated in Section 4(c)(iv), or
as stated in your Account.
Domain Sales are final, irreversible, non-refundable, and ineligible for
all domain extensions are available for backordering.
- Nimzo 98, LLC
and its partners, subsidiaries, and affiliate companies may place a
backorder on a domain name (hereinafter, a "Corporate Backorder").
provisions of this section are subject to Section 4(d) below.
may place a Gold Backorder and a Super Saver Backorder at http://www.nimzo98.com.
cost to place a Super Saver Backorder may be lower than the cost to
place a Gold Backorder, however, the costs may be changed at anytime
by us without notice, and the costs are subject to the provisions of
Section 6 below.
- If there
is a Gold Backorder and a Super Saver Backorder on the same domain
name, the Gold Backorder will be given priority to register the
there are multiple Super Saver Backorders, and no Gold Backorders,
on the same domain name, the provisions of Section 4(c) above will apply
to determine which Super Saver Backorder receives registration priority.
Corporate Backorder will be given the same backorder priority as a
Gold Backorder pursuant to Sections 4(d)(i)-(iv) above.
- We may
offer the ability for customers to pre-purchase backorder credits for a
discounted price (hereinafter, a "Backorder Credit"). In the event that
you place a backorder, the Backorder Credit will automatically be applied
to your registrant account if the backorder request is successful.
Credits are non-refundable, and must be fully paid for at the time of
Credits are non-transferrable, and may be used only by the user account
associated with the purchase of the Backorder Credit. Users having
multiple registrar accounts with us cannot use a Backorder Credit for an
account not associated with the purchase of that Backorder Credit.
one Backorder Credit may be used for each domain name backorder that is
Credits can only be applied to future backorder purchases, and cannot be
applied toward backorder purchases made prior to the purchase of the
reserve the right to modify the Backorder Credit pricing and terms, at
our sole discretion, and we reserve the right to discontinue offering
Backorder Credits without any notice.
- Nimzo 98, LLC
can accumulate Nimzo 98, LLC. Points for every dollar ($) that you spend with
us. Points are accrued on one-to-one basis, and spent dollars are
rounded to the nearest dollar (i.e., $1.50 is rounded to 2 points, and
$1.49 is rounded to 1 point).
- Nimzo 98, LLC
Points do not necessarily equate to the same purchasing power as
dollars, and the purchasing power of one Nimzo 98, LLC. Point against may
fluctuate. We reserve the right to modify the Nimzo 98, LLC. Point-to-dollar
ratio at our sole discretion. For example, purchasing a backorder may
cost $18.95, or the backorder may be purchased by using 2,000 Nimzo 98, LLC
- Nimzo 98, LLC
Points have no monetary value, and cannot be redeemed for cash value.
- Nimzo 98, LLC
Points are non-transferrable, and may be used only by the user account
that accrued the Nimzo 98, LLC. Points. Users having multiple registrar
accounts with us cannot transfer Nimzo 98, LLC. Points between different
made using Nimzo 98, LLC. Points are not eligible to accrue Nimzo 98, LLC. Points.
offer through WHOIS privacy protection services
viaWHOISPrivacyShield.org. By using the WHOIS privacy protection
services offered by us, you agree to all terms and conditions of this
Agreement, as well as the terms and conditions of WHOISPrivacyShield.org
located at http://whoisprivacyshield.org/terms-and-conditions/
INCLUDED IN THE SERVICES:
- We are
not responsible to determine whether the domain name(s) you select, or
the use you or others make of the domain name(s), or other use of the
Services, infringes legal rights of others. It is your responsibility to
know whether or not the domain name(s) you select or use or allow others
to use infringe legal rights of others.
might be ordered by a court or arbitrator to cancel, modify, or transfer
your domain name; it is your responsibility to list accurate contact
information in association with your Account and to communicate with
litigants, potential litigants, and governmental authorities. It is not
our responsibility to forward court orders or other communications to
you. Our policy is to comply with court orders from courts of competent
jurisdiction as well as UDRP Panel decisions. If you contact us
informing us that you are contesting a court order from a court of
competent jurisdiction, we may, but are not obligated to, place a transfer
lock on the domain name pending the outcome of the dispute. If you
contact us informing us that you are contesting an adverse UDRP Panel
decision, your time limits and procedures to do so are subject to the
requirements set forth in the UDRP. We will not delay implementation of
a UDRP Panel decision based solely on your informing us that you intend
to contest the decision.
- REGISTRATION REQUIREMENTS FOR CERTAIN ccTLDs and nGTLDs
.CN Registration Requirements
- As .CN is a restricted top-level domain, you are required to undergo both a domain name check and a real name verification process as required by the People's Republic of China.
- If a .CN domain name is not permitted to be registered by the People's Republic of China, as determined by us, the .CN Registry Operator, or any authorized third-party responsible for making such determinations, you application for registration will be unsuccessful and the domain name will be deleted, and you will be entitled to a refund of registration fees.
- If a .CN domain name is permitted to be registered by the People's Republic of China, the domain name may not be activated for resolution on the Internet until you have submitted valid documents required by the .CN Registry Operator to perform a verification of your real name. The following documents may be acceptable forms of identification that you can submit:
1. China: Resident ID, temporary resident ID, business license or organization code certificate
2. Hong Kong/Macau: Resident ID, driver's license, passport or business license
3. Singapore: Driver's license, passport or business license
4. Taiwan: Resident ID, driver's license or business license
5. Other Countries/Regions: Driver's license or passport
.DE Registration Requirements
- .DE domain name registration is subject to a local presence requirement. The Registrant or Administrative Contact for a .DE domain must reside in Germany. Please note that a P.O. Box does not satisfy the local presence requirement.
- The .DE Registry Operator requires that the domain name has two active name servers, which must be active at the time of registration, and which must be on different subnets (i.e., different class-C networks). If you cannot provide two active name servers at the time of registration, your order may still process and complete, however there will be a 30-day window in which you must update your name servers. If you fail to do so within this time frame, the .DE Registry Operator will delete the domain name, and refunds will not be given. The name servers associated with the domain name at the time of the order cannot be changed during the 30-day window.
.EU Registration Requirements
- .EU domain name registration is limited to individuals and companies with a connection to a European Union member state. Registration is subject to meeting the following eligibility criteria:
1. Undertakings should have their registered office, central administration or principal place of business within the European Community.
2. Organizations established within the European Community without prejudice to the application of the national law.
3. Natural persons residing within the European Community.
- The following .EU domain names have been reserved for use by either the European Union institutions, one of the European Union member states, EEA countries, countries in the EU accession phase or EURid (the .EU registry):
.FR Registration Requirements
- .FR domain name registration requires that the registrant (both an individual or legal entity) either resides or has its headquarters or principal place of business in Europe or within the territories of Iceland, Liechtenstein, Norway, or Switzerland.
- Please note that the .FR Registry does not require documentary proof of the above information at the time of registration, but if requested you will need to provide documentary proof within two weeks of the domain being registered; failure to do so could result in your domain names(s) being cancelled.
- For companies, either a valid Trademark or SIREN/SIRET number is required.
.IT Registration Requirements
- .IT domain name registration requires that the administrative contact be a resident of a European Union member state.
- If the registrant is a legal entity, then a VAT (Value Added Tax) number is required.
- If the owner of the domain is an individual, then a birth date and place of birth is required, as well as a national identity document, passport, or driver's license copy.
- The DNS servers used must be configured in advance.
.UK and .CO.UK Registration Requirements
- Note that registrants who own an existing co.uk, org.uk, me.uk, net.uk, plc.uk or ltd.uk registered prior to Oct. 29, 2013 will have their .UK domain name reserved for free up until June 10, 2019, as long as the existing domain name remains registered.
- .UK domain name registration required a postal address in the United Kingdom (i.e., within Great Britain, Guernsey, Jersey, or Isle of Man). Please note that a P.O. Box does not satisfy the local presence requirement, as it formerly allowed for .CO.UK domain name registration.
.US Registration Requirements
- .US domain name registration is subject to a nexus requirement, whereby registrants must be either:
1. A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States of America or any of its possessions [Nexus Category 1],
2. A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories, or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories (including a federal, state, or local government of the United States or a political subdivision thereof, and non-commercial organizations based in the United States) [Nexus Category 2], or
2. 3. A foreign entity or organization that has a bona fide presence in the United States of America or any of its possessions or territories [Nexus Category 3].
.MOBI Registration Requirements
- There are no specific requirements to register a .MOBI domain name. Everyone can register .MOBI domain names. However, the .MOBI Registry regularly audits all .MOBI sites to ensure .MOBI compliance. Compliance ensures that the site has been optimized for display on mobile devices. Mandatory requirements for building a .MOBI website are as follows:
1. Must use XHTML Mobile Profile 1.0 as the default for the landing page
2. Cannot use frames
3. Site must be present on second level
- Any non-compliant .MOBI domain names will have 60 days to become compliant. If a domain fails to comply within 60 days, the Registry will remove the domain from the zone file and the site will no longer resolve.
.BIZ Registration Requirements
- .BIZ domain names are subject to the following restrictions per ICANN:
1. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes;
2. Registrations in the .biz TLD must comply with the Uniform Dispute Resolution Policy ("UDRP"), as adopted and as may be amended by the Internet Corporation of Assigned Names and Numbers.
- 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:
1. To exchange goods, services, or property of any kind;
2. In the ordinary course of trade or business; or
2. 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. For illustration purposes, the following shall not constitute a "bona fide business or commercial use" of a domain name:
1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or
2. Using or intending to use the domain name exclusively for the expression of noncommercial ideas (i.e., registering xxxsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose);
2. Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes.
PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:
- We may
reject your domain name registration application or elect to discontinue
providing Services to you for any reason within 30 days of a Service
initiation or a Service renewal. Outside of this period, we may terminate
or suspend the Services at any time for cause, which, without limitation,
includes (i) registration of prohibited domain name(s), (ii) abuse of the
Services, (iii) payment irregularities, (iv) allegations of illegal
conduct, (v) failure to keep your Account or WHOIS information accurate
and up to date, (vi) failure to respond to inquiries from us for over ten
(10) calendar days, or (vii) if your use of the Services involves us in a
violation of any third party's rights or acceptable use policies,
including but not limited to the transmission of unsolicited email or the
violation of any copyright.
agree that your registration of domain names and use of the Services
shall be subject to suspension, cancellation, or transfer pursuant to any
terms and conditions, standards, policies, procedures, and practices
adopted by Company, ICANN, and the Registry, (1) to correct mistakes by
you or the Registry Operator in registering the name or (2) for the
resolution of disputes concerning the domain name and/or the Services.
- If we
terminate or suspend the Services provided to you under this Agreement,
we may then, at our option, make either ourselves or a third party the
beneficiary of Services that are substantially similar to those which
were previously provided to you. If we have grounds to terminate or
suspend Services with respect to one domain name or in relation to other
Services provided through your Account, we may terminate or suspend all
Services provided through your Account. No fee refund will be made when
there is a suspension or termination of Services for cause.
- At any
time and for any reason, we may terminate the Services thirty (30) days
after we send notice of termination via mail or email, at our option, to
the WHOIS contact information provided in association with your domain
name registration. Following notice of termination other than for cause,
you must transfer your domain name within such thirty (30) day notice
period or risk that we may delete your domain name, transfer the
registration services associated with your domain name to ourselves or a
third party, or suspend or modify Services related to your domain name.
If we terminate Services for a reason other than cause, we will provide a
pro-rata refund of your fees.
registration of a domain name is subject to suspension, cancellation or
transfer by any ICANN procedure now in affect or which may come into
affect at a later date, by any registrar or registry administrator
procedures approved by an ICANN-adopted policy or any policy adopted by
any ccTLD registry or governing body, to correct mistakes by us, another
registrar or the registry administrator in administering the domain name
or for the resolution of disputes concerning the domain name or as a
result of any government decree, rule, law or regulation.
- We do
not tolerate the operation of phishing or spamming from our web servers. We
actively track traffic on our systems, and we encourage any parties that
suspect abuse to notify our complaint department via email at email@example.com.
- If we
determine that your Account is being used in association with phishing,
spamming, or other fraudulent or malicious activities (collectively, "Fraudulent
Activities") (as determined by us in our sole and absolute discretion),
we expressly reserve the right to transfer to our control, deny, cancel,
terminate, suspend, re-direct, or lock your Account (including the right
to cancel, or transfer to our control, any domain name registration
- If we transfer
to our control, deny, cancel, terminate, suspend, re-direct, or lock your
Account, we will charge you a non-refundable re-activation fee if you
desire for us to restore your Account. You will be required to confirm
in writing that you will cease the Fraudulent Activities before we
restore your Account.
- You agree to pay, prior to
the effectiveness of the desired Services, the applicable Service fees as
determined by us. All fees are non-refundable, in whole or in part, even
if your domain name registration is suspended, cancelled or transferred
prior to the end of your then current registration term, unless this
Agreement specifically provides for a refund. At our option, we may
require that you pay fees through a particular payment means (such as by
credit card or by wire transfer) or that you change from one payment
provider to another.
- Nimzo 98, LLC. reserves the right to void any domain name purchase within thirty (30) days after a purchase transaction, if, at the sole discretion of Nimzo 98, LLC, we determine that the purchase price was incorrect, inaccurate, or otherwise erroneously offered or mispriced. In such a scenario, Nimzo 98, LLC. will fully refund the purchase price to the buyer, and Nimzo 98, LLC. will take ownership of the domain name. You irrevocably waive any and all claims and causes of action you may have arising from such voiding of a domain name purchase against Nimzo 98, LLC.
- PAYMENT ISSUES:
the event of a charge back by a credit card company (or similar action by
another payment provider allowed by us) or non-payment in connection with your payment of
fees for any Services, we may suspend access to any and all Accounts you
have with us and all interests in and use of any domain name registration
services, website hosting, and/or email services, including all data
hosted on our systems may be assumed by us, as the case may be, or may be
terminated. We may reinstate your rights to and control over these
Services solely at our discretion, and subject to our receipt of the
unpaid fees and our then-current reinstatement fee.
- Nimzo 98, LLC. may, at its sole discretion, allow you to pay in installments under a Payment Plan. If you complete a purchase of a domain name via the Payment Plan, you must make timely payments per a payment schedule that Nimzo 98, LLC. provides at the time of purchase.
- If a payment is not made within seven (7) calendar days of an installment payment deadline, Nimzo 98, LLC, at its sole discretion, may suspend and lock the domain name, thereby restricting your access to the domain name until the required installment payment is made to Nimzo 98, LLC.
- If a payment is not made within fifteen (15) calendar days of an installment payment deadline, Nimzo 98, LLC, at its sole discretion, may repossess and take ownership of the domain name, at which point you agree to forfeit all rights to the domain name. You will not be entitled to any refunds for prior payments made under the Payment Plan for the domain name.
- If a late payment is made within fifteen (15) calendar days of an installment payment deadline, Nimzo 98, LLC, at its sole discretion, may charge interest at a five (5) percent per month compounded on a daily basis, which will be added to the amount you owe.
In the event that you make a payment of fees for any Services via any
cryptocurrency (including, but not limited to, BitcoinTM), we,
in our sole discretion, can issue a full or partial chargeback to you in
the number of Bitcoins paid within thirty (30) days.
AND RENEWAL OF SERVICES:
- It is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire and to maintain current and accurate credit card information should any Services be placed on "auto-renew." We will notify you when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Services, we may attempt to renew the Services a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note: for certain TLDs, the automatic renewal option is not available.
- If your domain name is registered with any Nimzo 98, LLC-affiliated or owned (in whole or in part) registrar, but not specifically with the Nimzo 98, LLC. registrar, then the domain name will be transferred to the Nimzo 98, LLC. registrar if you opt to renew the domain name registration with us. You consent to Nimzo 98, LLC. transferring your domain name to the Nimzo 98, LLC. registrar if you choose to renew your domain name registration services with us (hereinafter, the "Renewed Domain Name"). You also consent for Nimzo 98, LLC. to temporarily be the registrant of the Renewed Domain Name in order to faciliate the transfer. You understand and acknowledge that per the ICANN Inter-Registrar Transfer Policy, you will not be able to transfer the Renewed Domain Name to another registrar within the first sixty (60) days after we transfer the Renewed Domain Name to the Nimzo 98, LLC. registrar.
OF A DOMAIN NAME REGISTRATION:
Immediately after the expiration of the term of domain name registration
services and before deletion of the domain name in the applicable
registry's database, we may direct the domain name to name-servers and IP
address(es) designated by us, including, without limitation, to no IP address
or to IP address(es) which host a parking page or a commercial search
engine that may display advertisements, and we may either leave your WHOIS
information intact or we may change the contact information in the WHOIS
output for the expired domain name so that you are no longer the listed
registrant of the expired domain name.
Grace Period. If you fail to renew the expired domain name prior to its
expiration date, Nimzo 98, LLC. provides a Renewal Grace Period of thirty (30)
days from the expiration date where the expired domain name registration
may be renewed. During the Renewal Grace Period, you may renew the
expired domain name for a renewal fee plus any registration fees that may
also be due. Our current list of fees can be found at https://www.nimzo98.com/fees.php.
You assume all risks and all consequences if you wait until close to or
after the expiration of the original term of domain name registration
services to attempt to renew the domain name registration services. The
Renewal Grace Period is subject to change under the terms of this
the Renewal Grace Period, if you have not exercised your rights under the
provisions of Paragraph 10(a), you have abandoned the domain name services,
and relinquish all interests and use of the expired domain name. At this
time, we may delete the expired domain name, transfer the expired domain
name to any third-party, sell the expired domain name, auction the
expired domain name, refuse to restore the expired domain name to you,
and otherwise exercise complete authority, ownership, control, and use of
the expired domain name.
Grace Period. If we delete the expired domain name, the registry may
provide a thirty (30) day Redemption Grace Period during which you may
pay us a redemption fee and redeem the expired domain name. If you do not
redeem your expired domain name prior to the end of the Redemption Grace
Period the registry will release the expired domain name. It will then
become available for registration on a first-come-first-served basis to
notices in accordance with ICANN's Expired Domain Deletion Policy located
given under this Agreement by us to you will be deemed to have been given
if delivered via the email address you provided in accordance with the
Account and/or domain name WHOIS information.
of your domain name(s) services shall be governed by ICANN's transfer
policy, available at http://www.icann.org/transfers/, including the
Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm
as well as the UDRP as described in Section 17 of this Agreement, as
these policies may be modified from time to time. To transfer your domain
name(s) you should first login to your Account to lock or unlock your
domain name(s) and/or to obtain the EPP "AuthCode" which is
required to transfer domain services in an EPP registry (such as .org). Only
the registrant and the administrative contacts listed in the WHOIS
information may approve or deny a transfer request. Without limitation,
domain name services may not be transferred within 60 days of initial
registration, within 60 days of a transfer, if there is a dispute
regarding the identity of the domain name registrant, if you are
bankrupt, or if you fail to pay fees when due. We will follow the
procedures for both gaining and loosing registrars as outlined in ICANN's
transfer policies. Transfer requests typically take five business days to
be processed. A transfer will not be processed if, during this time, the
domain name registration services expire, in which event you may need to
reinstate the transfer request following a redemption of the domain name,
if any. You may be required to resubmit a transfer request if there is a
communication failure or other problem at either our end or at the
registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT
THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION
- We may
place a "Registrar Lock" on your domain name services and this
will prevent your domain name services from being transferred without
your authorization, though we are not required to do so. By allowing your
domain name services to remain locked, you provide express objection to
any and all transfer requests until the lock is removed.
OF INFORMATION AND DATA:
- We own
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. 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 the
registrant and 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 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. We do not have any ownership
interest in your specific personal registration information outside of
our rights in our domain name database.
shall provide notice to each new or renewed Registered Name Holder
purposes for which any Personal Data collected from you are intended;
intended recipients or categories of recipients of the data (including
the Registry Operator and others who will receive the data from the
data are obligatory and which data, if any, are voluntary and how you
or data subject can access and, if necessary, rectify the data held
will not process the Personal Data collected from the Registered Name
holder in a way incompatible with the purposes and other limitations
about which it has provided notice to the Registered Name holder.
will take reasonable precautions to protect Personal Data provided by the
Registered Name holder from loss, misuse, unauthorized access or
disclosure, alteration, or destruction.
- If you
are using the Services for or on behalf of someone else, you represent
that you have the authority to bind that person as a principal to all
terms and conditions provided herein. If you license the use of a domain
name you register to us or a to third party, you remain the domain name
holder of record, and remain responsible for all obligations at law and
under this Agreement, including but not limited to payment obligations,
and providing (and updating, as necessary) both your own full contact
information, and accurate technical, administrative, billing and zone
contact information adequate to facilitate timely resolution of any problems
that arise in connection with the domain name and domain name
registration and for ensuring non-infringement of any third party
intellectual property rights.
acknowledge that all communication about the Services will be only done
with the Customer or the Resellers of the Services. Company is not
required to, and may not directly communicate with you during the entire
term of the Services.
OF INTELLECTUAL PROPERTY
to the provisions of this Agreement, each Party will continue to
independently own his/her/its intellectual property, including all
patents, trademarks, trade names, domain names, service marks, copyrights,
trade secrets, proprietary processes and all other forms of intellectual
property. Any improvements to existing intellectual property will
continue to be owned by the Party already holding such intellectual
limiting the generality of the foregoing, no commercial use rights or
any licenses under any patent, patent application, copyright, trademark,
know-how, trade secret, or any other intellectual proprietary rights are
granted by Registrar to the Registrant, or by any disclosure of any
Confidential Information to the Registrant under this Agreement.
shall further ensure that you do not infringe any intellectual property
rights or other rights of any person or entity, or does not publish any
content that is libelous or illegal while using services under this
Agreement. You acknowledge that Company cannot and does not check to see
whether any service or the use of the services by you under this
Agreement, infringes legal rights of others.
- We respect the intellectual property
rights of others. If you are the owner of a registered trademark that
you believe is being infringed upon in a website hosted by Company, you
may submit a trademark infringement complaint to us via email at firstname.lastname@example.org. These complaints
may only be submitted by registered trademark owners or agents
authorized to act on the owners' behalf. Please include the
following information, and include the term "Trademark Complaint" in the subject line of your email:
name, address, telephone number, and email address.
relationship to the trademark owner (owner of trademark, legal representative,
trademarked word or symbol.
number and jurisdiction of registration.
6. A true
and correct copy of the registration certificate.
domain name hosted/registered by Company that you believe is infringing your
8. A description
and screenshot of the infringing content and how you believe it is infringing.
9. Signed and dated statement that you
believe in good faith that the identified domain name/content is infringing
Upon receipt of
a valid complaint as described above, Company will initiate an internal investigation,
and may provide written notice to the alleged infringing party. If Company
concludes that the trademark complaint has merits, then Company, at its sole
discretion, and in an effort to protect its legal interests, may temporarily
remove the allegedly infringing content, instruct the domain owner to remove
the allegedly infringing content, redirect the DNS of the domain name hosting
the allegedly infringing content, or deny access to the domain name hosting the
allegedly infringing content.
It is Company's policy to terminate, when deemed
appropriate at the sole discretion of Company, Company's customers and account holders who repeatedly
violate this policy or are repeat infringers of others' trademarks.
- WE WILL
NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES, (b) USE OF
THE SERVICES, (c) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR
BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR
SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO
A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR LIABILITY RESULTING FROM
ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) THE PROCESSING OF AN
APPLICATION FOR A DOMAIN NAME REGISTRATION; (h) LOSS OR LIABILITY
RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER
OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY. WE 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
WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU
FOR SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT YOU PAID US FOR ANY
SERVICES, OR $400.00 USD, WHICHEVER IS LESSER. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
hereby release, indemnify, and hold us, ICANN, and the registry operators,
as well as the contractors, agents, employees, officers, directors,
shareholders, and affiliates of such parties harmless from and against
any and all liabilities, claims, damages, costs and expenses, including
reasonable attorneys' fees and court costs, for third party claims
relating to or arising under this Agreement, including any breach of any
of your representations, warranties, covenants or obligations set forth
in this Agreement, the Services provided hereunder, or your use of the
Services, including, without limitation, infringement by you, or by
anyone else using the Services, of any intellectual property or other
proprietary right of any person or entity, or from the violation of any
of our or ICANN's operating rules or policies relating to the Services
provided. We may seek written assurances from you in which you promise to
indemnify and hold us harmless from the costs and liabilities described
in this paragraph. Such written assurances may include, in our sole
discretion, the posting of a performance bond(s) or other guarantees
reasonably calculated to guarantee payment. Your failure to provide such
assurances may be considered by us to be a breach of this Agreement by
you and may, in our sole discretion, result in loss of your right to
control the disposition of domain name Services for which you are the
registrant and in relation to which we are the registrar of record. This
indemnification is in addition to any indemnification (a) required under
the UDRP or any other ICANN policy or any policy of any relevant
registry; or (b) set forth elsewhere in this Agreement.
shall indemnify and hold harmless the Registry Operator and its
directors, officers, employees, and agents from and against any and all
claims, damages, liabilities, costs, and expenses (including reasonable
legal fees and expenses) arising out of or related to the your domain
name registration and/or use of the Services.
YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME
NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF
OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL
OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE
BY PERSONS WHO ARE AT LEAST 18 YEARS OLD AND BY USING THE SERVICES, YOU
REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ALL
INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE
SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU "AS IS"
AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION
AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH
THIS AGREEMENT OR THE 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, WE MAKE 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. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICES OR
ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
You are bound by all ICANN consensus policies and all policies of any
relevant registry, including but not limited to the Uniform Domain Name
Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm
along with the UDRP Rules and all Supplemental Rules of any UDRP provider.
The UDRP may be changed by ICANN (or ICANN's successor) at any time. If
the registration or reservation of your domain name is challenged by a
third party, you will be subject to the provisions specified in the UDRP
in effect at the time your domain name registration is disputed by the
third party. In the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the terms and
conditions of the UDRP. If you or your domain name is the subject of
litigation, we may deposit control of your domain name record into the
registry of the judicial body by providing a party with a registrar
LAW AND JURISDICTION FOR DISPUTES:
as otherwise set forth in the UDRP or any similar ccTLD policy, with
respect to any dispute over a domain name registration, this Agreement,
your rights and obligations and all actions contemplated by this
Agreement shall be governed by the laws of the United States of America
and the State of California, as if the Agreement
was a contract wholly entered into and wholly performed within the State
dispute, claim or controversy arising out of or relating to this
Agreement or the breach, termination, enforcement, interpretation or
validity thereof, including the determination of the scope or
applicability of the agreement to arbitrate, shall be determined by
arbitration in Los Angeles, California, before one arbitrator. The
arbitration shall be administered by JAMS pursuant to its Comprehensive
Arbitration Rules and Procedures. Judgment on the Award may be entered in
any court having jurisdiction. This clause shall not preclude parties
from seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction. Service of process on you by us in relation to
any dispute arising under this Agreement may be served upon you by first
class mail to the address listed by you in your Account and/or domain
name WHOIS information or by electronically transmitting a true copy of
the papers to the email address listed by you in your Account and/or
domain name WHOIS information.
- In the
event arbitration is unsuccessful for the adjudication of disputes
concerning or arising from use of the Service and/or this Agreement, you
submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the your domicile as listed on
the WHOIS record and/or your account information, and (2) Los Angeles
County, California, where Company is located.
the foregoing, for the adjudication of third party disputes (i.e.,
disputes between you and another party, not us) concerning or arising
from use of domain names registered hereunder, you shall submit without
objection, without prejudice to other potentially applicable
jurisdictions, to the subject matter and personal jurisdiction of the
courts (i) of the domicile of the registrant as it appears in the public
WHOIS record for the domain name(s) in controversy, and (ii) where we are
located, currently those State or federal courts whose geographic
districts include Los Angeles, California.
Any notices required to be given under this Agreement by us to you will be
provided in English, and deemed to have been given if delivered in
accordance with the Account and/or domain name WHOIS information you have
provided. Any communication by us to you will only be given in English,
and we are not obligated to provide support, assistance, or any
communication in any languages other than English.
- GENERAL:This Agreement and all
applicable ICANN policies and the policies of any relevant registry,
including but not limited to the UDRP, together with all modifications,
constitute the complete and exclusive agreement between you and us, and
supersede and govern all prior proposals, agreements, or other
communications. Nothing contained in this Agreement shall be construed as
creating any agency, partnership, or other form of joint enterprise
between the parties. The failure of us 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 us 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 Agreement 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 Agreement unenforceable or invalid as a whole. We will amend
or replace such provision with one that is valid and enforceable and which
achieves, to the extent possible, our original objectives and intent 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 us.