Domain Registration Agreement

This Domain Name Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the Domain Registration and other related services (the "Services") between you and DomainSpa LLC , DomainSpa.com , ("Registrar"). By using Registrar Services, you acknowledge that you have read, understood, and agreed to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies or agreements that are or may be published by Registrar from time to time, on its website(s) and/or which may be enforced by ICANN, the registries and governments.

1. Terms of Agreement and modifications
   
   

   1.1. This Agreement as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Registrar concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications. You acknowledge and agree that Registrar shall not be bound by any representations made by third parties who you may use to purchase services from Registrar, and that any statement of a general nature which may be found on Registrar's web site or promotional materials will not be a Registrar.

   1.2. By using the Services you agree to all terms and conditions of this Agreement, the UDRP (defined below) and the rules, policies, or agreements published in association with specific of the Services and/or which may be enforced by ICANN, the registries, and governments.

   1.3. This Agreement will change over time as well as any additional rules or policies that are or may be published by Registrar. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of us that Registrar cancel your domain name registration services. In such case you will not receive a refund for any fees you may have paid to Registrar. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes.

   1.4. Your continued use of any domain name registered through Registrar shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Registrar, each with the new modifications.



2. Representations and warranties
   
   

   2.1. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that:

   2.1.1. the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate;

   2.1.2. each registration you make is being done so in good faith;

   2.1.3. to your knowledge, the registration of the domain name will not infringe upon or otherwise violate or conflict with the rights of any third party or third party's registration, trademark or trade name;

   2.1.4. you are not registering the domain name for an unlawful purpose; and

   2.1.5. you will not knowingly use the domain name in violation of any applicable laws or regulations.

   2.2. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights. You agree that registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or Registry Operator procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the domain name registered.

   2.3. YOU ACKNOWLEDGE THAT 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, REGISTRAR 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, REGISTRAR 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. YOU UNDERSTAND AND AGREE THAT 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 THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. REGISTRAR MAKES 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.



3. Your account
   
   

   The first time you apply for domain name registration, administration, and renewal services, you will be asked to select a User name and password. That User name and password are the means through which you access to certain of the Services. Please keep your User name and password you select from any unauthorized use. You acknowledge and agree that in no event will Registrar be liable for the unauthorized use or misuse of your User name or password. Where an entity sign up and registered a domain name using a pre-selected login information (i.e. User and Password pair) , that entity is granted to control and manage the domain name thenafter. You are responsible for maintaining and updating all login IDs, passwords, and for all access to and use of your account by you or any third party.



4. Domain Name Registration and renewal
   
   

   4.1. Registrar is an accredited registrars with ICANN) for Top Level Domain Names ("TLDs"). Registrar accepts applications to register and renew domain names with those TLDs and acts as an agent with respect to registration of regional (ccTld) domain names. As an accredited domain name registrar, Registrar is, upon accepting your application to register or renew a domain name with the TLDs, your sponsor for that application. All domain name registrations Registrar registers or renews are not effective until Registrar have delivered the domain name registration or renewal information you have provide us to the registry operator ("Registry Operator") for each TLD, as applicable.

   4.2. Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry.

   4.3. You acknowledge and agree that Registrar cannot guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since Registrar cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that Registrar may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that Registrar is not liable or responsible in any way for any errors, omissions or any other actions by any Registry Operator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless the applicable Registry Operator and its subcontractors, directors, officers, employees, affiliates 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, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.

   4.4. You agree that Registrar 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 a request to register, renew, modify the settings for, or transfer of a domain name registration. You further agree that domain name registration is a service; that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.



5. Renewals, auto-renewals and domain name expiration
   
   

   5.1. You acknowledge that 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. As a convenience to you, and not as a binding commitment, Registrar may notify you via an email message or via your account 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 Registrar may allow or require from time to time.

   5.2. If you select automatic renewal of the Services, Registrar 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. You acknowledge that it is your responsibility to keep your billing information up to date and that Registrar are not required to, but that Registrar may, contact you to update this information in the event that an attempted transaction is not processed successfully.

   5.3. It is your obligation to make sure you have at the time of the domain expiration a payment method valid and in place (e.g. credit card valid data, or a positive credit balance). Registrar will charge your auto-renewal fee not before the domain name expiration date, unless you explicitly requested otherwise. Auto-renewal will not take place where there is no valid payment method and no positive credit in domain name account balance.



6. After expiration
   
   

   6.1. After a domain name has expired without being explicitly renewed or auto-renewed, Registrar, at its sole discretion may put the domain name on "HOLD" status and/or may delete the domain name (if Redemption Grace Period ("RGP") is applicable by the respective domain name TLD Registry Operator) and/or or may change the domain name contact data and the domain name user and/or modify any of the domain whois information and/or point the domain name to resolve at another DNS server chosen by Registrar.

   6.2. You also agree and acknowledge that for some ccTLDs, there is no renewal grace period given by the respective TLD registry, and therefore your domain name may be cancelled immediately upon its expiration date. For .eu, in particular, your last day to explicitly renew a domain is 7 days before its expiration.

   6.3. You also agree and acknowledge that after the expiration date of your domain name, and after you have been given the RRGP (Registrar Renewal Grace Period), Registrar may, at its sole discretion, renew and transfer the domain name to a third party. The domain name transfer to a third party may involve a direct transfer to an interested party, or a brief auction involving multiple interested parties.

   6.4. Where a domain name is deleted, and enters a RGP. That period ensures that for 30 days the domain name although being on hold, will not become available to others. You will be able, subject to a "Restoration Fee", to restore the domain, renew it and reuse the domain name again.



7. Services provided at will and termination of services
   
   

   7.1. Registrar 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.

   7.2. Outside of this period, Registrar and may terminate or suspend the Services at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, serious allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider's ("ISP's") acceptable use policies, including the transmission of unsolicited bulk email.

   7.3. You agree that if Registrar terminate or suspend the Services provided to you under this Agreement, that Registrar may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option.

   7.4. If Registrar has ground to terminate or suspend Services with respect to one or more domain names or in relation to other Services provided through your account, Registrar may terminate or suspend all Services provided through your account, including Services to other domain names. No fee refund will be made when there is a suspension or termination of Services for cause.

   7.5. At any time and for any reason, Registrar may terminate the Services 30 days after Registrar 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 or risk that Registrar may delete your domain name or suspend or modify Services to it. If Registrar terminates Services for a reason other than cause, Registrar will attempt to refund your fees.

   7.6. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar or registry administrator procedures approved by an ICANN-adopted policy, 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.



8. Transfers
   
   

   8.1. You agree that transfer of your domain names services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time.

   8.2. transfer your domain name to other registrar of your choice, you are eligible to do so, provided you have paid all your registration fees , and no third party's procedure are in effect related to the domain name (e.g UDRP etc..)

   8.3. You agree that Registrar may "Lock" your domain name services as security precautions Thus you will have to make sure your domain name is unlocked prior to transfer and either use the auth code given by Registrar when applicable , and confirm your willing to transfer by responding to an email notification.

   8.4. 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. Registrar will follow the procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies. 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. 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. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.



9. Services do not include
   
   

   Registrar cannot and do not check whether the domain name(s) you select, or the use you make of any of them, or other of the Services, infringes legal or other rights of others. It is solely your responsibility to know and avoid any such infringement. Registrar might be ordered by a court 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. Registrar will comply with court orders unless you contact us to contest the order.



10. Fees
    
    

    10.1.As consideration for the Services granted to you including inter alia, registration, administration, renewal, and, if selected it, auto renewal, etc. you agree to pay, prior to the effectiveness of the desired Service(s), the then current fees. 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, Registrar 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. Registrar reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

    10.2.In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be either a) cancelled , or b) be transferred to Registrar as the entity that has paid the registration, renewal, or transfer fee for that registration to the Registry Operator and that Registrar reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Registrar will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal, or transfer fee and our then-current reinstatement fee.



11. Dispute resolution policy
    
    

    11.1.You acknowledge and agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party.

    11.2.You herhby accept the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is currently available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm and acknowledge that the UDRP may be changed by ICANN (or ICANN's successor) at any time. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP.

    11.3.You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.



12. Indemnification
    
    

    12.1.You agree to defend, indemnify, and hold harmless Registrar and applicable registry administrators (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties' 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, the domain name registration services you are obtaining from us. This indemnification is in addition to any indemnification required under the UDRP or any similar policy

    12.2.In case Registrar sued or threatened with lawsuit in connection with Services provided to you, Registrar may turn to you to indemnify and to hold Registrar harmless from all claims and expenses (including attorney's fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. Registrar shall not be obliged to extend you any credit in relation to such expenses and Registrar may terminate the Services for a failure to make or renew such a deposit. Registrar will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.



13. Information
    
    

    13.1.As further consideration for the Services, you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain names. You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registrations and other Services, you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Services may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Services. You may provide information regarding the name-servers assigned to your domain names and, if Registrar is 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, you agree that Registrar 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.

    13.2.In the event that, in registering a domain name or obtaining other Services, you provide information about or on behalf of a third party, you represent that you have (1) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (2) that you have obtained the third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a domain name or applying for other Services you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that 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 a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain names or other Services you may loose your rights to the domain names or your right to receive the Services if you do not respond appropriately to an email sent in conjunction therewith.

    13.3.In order to change any of your account or domain name WHOIS information, you must access your account with your Primary Service Provider (if any), or your account with us. Please safeguard your account login identifier and password from any unauthorized use. You agree that any person in possession of you account login identifier and password will have the ability and your authorization to modify your account and domain name information. Registrar will take reasonable precautions to protect the information Registrar obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if Registrar take reasonable precautions in relation thereto, that IN NO EVENT SHALL REGISTRAR BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF REGISTRAR FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorized access to your account or domain names, you agree that Registrar may charge you administrative fees of $50 (US dollars) per hour for our time spent in relation to the matter, regardless of whether or not Registrar return control over the account and/or domain names to you.

    13.4.Privacy Policy - You agree and consent that Registrar will make available the domain name registration information you provide or that Registrar otherwise maintain to the following parties: ICANN, 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 hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that Registrar 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, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org. You agree that Registrar 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. One of the ways that Registrar may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us.

    13.5.Ownership of Data - You agree and acknowledge that Registrar 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. You further agree and acknowledge that Registrar owns the following information for those registrations for which it is registrar: (1) the original creation date of the registration, (2) the expiration date of the registration, (3) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (4) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (5) any other information Registrar 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. Registrar does not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.



14. Agents and licenses

    14.1.You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein including URDP. You accept liability for harm caused by wrongful use of the Services.

    14.2.You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.



15. Use of free services

    In consideration for providing additional optional Services for which Registrar does not charge an additional fee, including, but not limited to, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other services which Registrar may introduce from time to time but for which there is not a separate fee ("Free Services"), you agree that, if you use such Free Services, Registrar may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or other similar advertising means, and that Registrar may aggregate related usage data by means of cookies and other similar means. You agree that from time to time Registrar may provide you with free or low-cost domain names services ("Promotional Names"). If Registrar does so, the services for the Promotional Names will be placed in the same account as your other domain names and you will be listed as the registrant, though Registrar may point the Promotional Name to IP addresses of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and agree to the terms of this Agreement with respect to such Promotional Names. If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and Registrar will be listed as the domain name registrant. Alternatively, you may contact us or your Primary Service Provider to request that Registrar delete the Promotional Name from the namespace. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, you agree that Registrar may assign name-servers to the domain name and point the domain name to IP addresses designated by us until the registration or renewal fee is paid.



16. 16. LIMITATION OF LIABILITY:

    YOU AGREE THAT REGISTRAR WILL NOT BE LIABLE FOR ANY :

    (1) SUSPENSION OR LOSS OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES,

    (2) USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES,

    (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS,

    (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO REGISTRAR'S WEB SITES OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US;

    (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND REGISTRAR'S CONTROL

    (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;

    (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION;

    (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR

    (9) APPLICATION OF THE DISPUTE POLICY.

    YOU ALSO AGREE THAT REGISTRAR WILL 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 REGISTRAR OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRAR'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 US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, REGISTRAR'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.



17. Indemnity

    With respect to ICANN, the registry operators, Registrar, , as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under 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 Registrar provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Services provided. When Registrar may be involved in a suit involving a third party and which is related to our Services to you under this Agreement, Registrar 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 bonds or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by Registrar 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 Registrar are the registrar of record. This indemnification is in addition to any indemnification required under the UDRP.



18. Governing Law

    18.1.Except 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 New Jersy, as if the Agreement was a contract wholly entered into and wholly performed within the State of New Jersy.

    18.2. You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is against or involves Registrar and which relates to your use of the Services shall be brought exclusively in the authorized court in the State of New Jersey. You agree that service of process on you by Registrar 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.



19. Notices

    You agree that any notices required to be given under this Agreement by Registrar to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.



20. General

    20.1.This Agreement and 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.

    20.2.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.

    20.3.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. Registrar 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.

    20.4.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.

    20.5.You attest that you are of legal age to enter into this Agreement.


Additional Requirements for specific TLDs

If You are registering one or more of the following TLDs domain name You also agree to the additional provisions set below regarding that TLD:

.BIZ

1. 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:

1.1. To exchange goods, services, or property of any kind;

1.2. In the ordinary course of trade or business; or

1.3. 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. As a .BIZ domain name registrant, You hereby certify to the best of Your knowledge that:

2.1. 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. More information on the .BIZ restrictions, which are incorporated herein by reference, are available online.

2.2. The domain name registrant has the authority to enter into the registration agreement; and

2.3. The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.



3. If You reserved or registered a .BIZ domain name through us, You agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize Yourself with that policy. In addition, You hereby acknowledge that You have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

3.1. The Uniform Domain Name Dispute Policy;

3.2. The Start-up Trademark Opposition Policy ("STOP"); and

3.3. The Restrictions Dispute Resolution Criteria and Rules.

The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.



4. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.
5. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
6. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of Your domain name after modifications to the dispute policy become effective, You have agreed to these modifications. You acknowledge that if You do not agree to any such modification, You may terminate this Agreement. We will not refund any fees paid by You if You terminate Your Agreement with us.
7. You agree that, if Your use of our domain name registration services is challenged by a third party, You will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, You will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding Your use of our domain name registration services, You agree not to make any changes to Your domain name record without our prior approval. We may not allow You to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by You and the other party contesting Your registration and use of our domain name registration services that the dispute has been settled. Furthermore, You agree that if You are subject to litigation regarding Your registration and use of our domain name registration services, we may deposit control of Your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
8. Registrar and the .BIZ Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Go Daddy and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Go Daddy and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
9. You agree to indemnify, defend and hold harmless the .BIZ Registry Operator, NeuLevel, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.

1. You that it meets the following Nexus Requirements to qualify to register to use a .US domain name.
2. Registrants must be either:

2.1. 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 (ii) whose primary place of domicile is in the United States of America or any of its possessions, or;

2.2. An 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 (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), or;

2.3. A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or (ii) maintains an office or other property within the United States.



3. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.
4. You further certifies that Registrar has requested specific information regarding how the you meet the Nexus requirement and that you have willingly volunteered such information. you acknowledge that such information will be verified and will be shared with the .US Registry.
5. You acknowledge that if such information cannot be verified, or if you fail to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.
6. You agree to indemnify and hold harmless the .US Registry Operator, NeuStar, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) .US domain name registration and (ii) use of any .US registered domain name.
7. You acknowledge that when You register one of these domains, that You are prohibited from using any profanity in the domain name, pursuant to the .US policy. The definition of profanity can be found in the Supreme Court decision, FCC v. Pacifica Foundation, made famous by George Carlin.
8. Further, You acknowledge and agree that You are not permitted to purchase private or proxy .US registrations. You shall register for any and all .US registrations using Your personal information, which information You represent and warrant is current, accurate and complete.

1. You may not register or use a domain name that is deemed by China Internet Network Information Center ("CNNIC") to:

1.1. Be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("China");

1.2. Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt the state of integrity of the China;

1.3. Harm national honor and national interests of the China;

1.4. Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the China;

1.5. Violate the China's religion policies or propagate cult and feudal superstition;

1.6. Spread rumors, disturb public order or disrupt social stability of the China;

1.7. Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the China;

1.8. Insult, libel against others and infringe other people's legal rights and interests in the China; or

1.9. Take any other action prohibited in laws, rules and administrative regulations of the China.



2. You understand that You may not transfer to or from a domain registrar that is headquartered or controlled by an entity located inside China.
3. For the adjudication of disputes concerning or arising from use of the registered .cn Domain Name, You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile state, (2) New Jersy, and (3) the People’s Republic of China .
4. You agree that Your registration of the .cnTLD domain name shall be subject to suspension, cancellation, or transfer pursuant to any NeuLevel or CNNIC adopted specification or policy.
5. You agree to obey, comply with and be bound by the CNNIC Dispute Resolution Policy and any and all updates, revisions and modifications, which may be made by CNNIC from time to time (currently at http://www.cnnic.net.cn/doc/e-9.shtml)
6. You give Registrar the right to accept written complaints from third parties against false and/or inaccurate Whois data and You agree to follow any procedural regulation that may exist between the .CN registry operator, currently NeuLevel Inc. and Go Daddy.
7. You agree to indemnify, defend and hold harmless the .CN Registry Operator, NeuLevel, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.
8. You acknowledge and agree that You are not permitted to purchase private or proxy .CN registrations. You shall register for any and all .CN registrations using Your personal information, which information You represent and warrant is current, accurate and complete.

1. You agree to obey and comply with any and all applicable laws, regulations and administrative policies promulgated by the Taiwan Network Information Center ("TWNIC").
2. You agree to obey, comply with and be bound by TWNIC rules and regulations and their any and all updates, revisions and modifications, which may be made by TWNIC from time to time, including but not limited to:

2.1. Supervision and Guidance Regulation for Internet Protocol (IP) Address and Domain Name Registration and Management Services (currently at http://www.twnic.net.tw/file/ip0320.htm)..

2.2. Guidelines for Administration of Domain Name Registration (currently at http://www.twnic.net.tw/english/dn/dn_02.htm). .

2.3. Guidelines for Authorization of Domain Name Registration Services (Currently at http://www.twnic.net.tw/english/dn/dn_07.htm).

2.4. TWNIC Domain Name Dispute Resolution Policy (currently at http://www.twnic.net.tw/english/dn/dn_04.htm) .

2.5. Rules for TWNIC Domain Name Dispute Resolution Policy currently at http://www.twnic.net.tw/english/dn/dn_04a.htm). .



3. You give Registrar the right to accept written complaints from third parties against false and/or inaccurate Whois data and You agree to follow any procedural regulation that may exist between the .TW registry operator, currently NeuLevel Inc. and Registrar.
4. With regards to .TW domain names, the Domain Registration Agreement will be interpreted and governed by the Laws of Taiwan.
5. You represent that, to the best of yours knowledge and belief, the registration and the use of the domain names as applied for registration do not directly or indirectly infringe or violate the legal rights and/or interests of any third party.
6. you shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the effective term of the domain name registration, including: the full name, postal address, email address, voice telephone number, and fax number if available of you; name of authorized person for contact purposes in the case you are an organization, association, or corporation;
7. Your willful or gross negligence in providing inaccurate or false information, its willful or gross negligence in failing to promptly provide updated information to Registrar shall constitute a material breach of the domain name registration agreement and gives Registrar the right to cancel the domain name registration.
8. You agree to indemnify, defend and hold harmless the .TW Registry Operator, NeuLevel, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.
9. You acknowledge and agree that You are not permitted to purchase private or proxy .TW registrations. You shall register for any and all .TW registrations using Your personal information, which information You represent and warrant is current, accurate and complete.

1. You understands the eligibility requirements and states that it is an eligible entity to register a .travel domain and is related to one of the following categories:

1.1. " Airlines

1.2. " Attractions/Theme Parks

1.3. " Bed & Breakfast Houses

1.4. " Bus/Taxi/Limousine Operators

1.5. " Camp Facility Operators

1.6. " Car Rental Companies

1.7. " Computer Reservation/Travel Technology Provider

1.8. " Convention & Visitor's Bureaus

1.9. " Cruise Lines

1.10." Ferries

1.11." Hotels/Resorts/Casinos

1.12." National Tourism Offices

1.13." Passenger Rail Lines

1.14." Restaurants

1.15." Tour Operators

1.16." Travel Agents

1.17." Travel Media

1.18." Travel-Consumer and Market Research Organizations

you acknowledges that if it ceases to be a member of the travel industry as defined by the Registry policy, then the registrant must give a 14 days notice to Registrar of ceasing to be eligible for the respective .travel name.

2. You have obtained a UIN (Unique Identification Number) , from one of the .travel official authenticating members , to be used to eligibly register a .travel domain name.
3. you shall not attempt to create a 3rd level domain under the .travel domain name unless for its own web service use , such as the its website or email service.
4. Renewal - Within 30-60 prior to the anniversary of the domain name, registrant will apply via authenticating organization, the same way as done with the initial registration , to ensure to eligibility has been changed through the term of the registration.
5. Transfer of ownership - Where a registrant wishes to transfer its domain to another entity , then the new holder of the domain name must initiate an application to an authenticating organization as if it was a new application for a new domain name.
6. Revocation - Registrar and/or the Registry reserve the right to revoke the domain name and/or the use of the domain name for the following reasons:

   6.1.1. The registrant's status changes and they cease to be a member of the eligible community defined by the .travel Charter and .travel policies;

   6.1.2. If any prescribed registration, transfer, renewal or other fee is not paid;

   6.1.3. If a warranty made by the registrant or their agent is breached ;

   6.1.4. If any information provided in the course of registration is incorrect;

   6.1.5. If misleading, incomplete or incorrect information is supplied in the application for registration, transfer or renewal;

   6.1.6. Failure to comply with any .travel policy that applies to the registrant at any time;

   6.1.7. If a court of competent authority orders that the .travel domain name should not be licensed to the Registrant, be removed from the registry or be licensed to another person;

   6.1.8. If the .travel domain name, or the use of the .travel domain name, is not in the best interests of the Sponsored community;

   6.1.9. If instructed by the registrant or its authorized agent; and

   6.1.10. . If a .travel domain name which could not otherwise be registered under this policy is registered through mistake on the part of the registrant or the Registry.

7. Representation -

   7.1. you understand the eligibility requirements of the .travel TLD and meets those requirements,

   7.2. the selected name meets the requirements of the .travel name selection policy;

   7.3. information provided is accurate and complete, and that any future changes to this information will be provided in a timely manner;

   7.4. the registration of the domain name nor its use will directly or indirectly infringe the legal rights of a third party or contravene any .travel policies;

   7.5. you have power and authority to execute the agreement and to perform their obligations;

   7.6. the domain name is not registered for an unlawful purpose;

   7.7. the domain name will not be used in violation of any applicable laws or regulations;

   7.8. you are of legal age; and

   7.9. you will indemnify the Registry against all claims and demands from third parties regarding registration and use of the .travel domain name.