This Registration Service Agreement ("Agreement") between the account holder ("You") and 007Names, Inc. ("007names.com" or "007Names") sets forth the terms and conditions of Your use of 007Names' domain name registration services, domain name renewal services and all other services 007Names provdes.
This Agreement, 007Names' Disclaimer ,and the Dispute Policy, as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and 007Names, Inc. and supersede and govern all prior proposals, agreements, or other communications. When You use Your account or permit someone else to access and manage Your account (even if we were not notified of such authorization), this Agreement covers such delegations or actions.
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 007Names 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 007Names of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Policy shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Policy unenforceable or invalid as a whole. 007Names will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of 007Names as reflected in the original provision. This Agreement, 007Names' Disclaimer and the Dispute Policy may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of 007Names.
By selecting 007Names' registration service(s) You have agreed to establish an account with us for such services and upon submitting Your account application You acknowledge that You have read, understood and agreed to be bound by the agreement, all terms and conditions of relevant policies, as amended from time to time, as follows:
Disclaimer
007Names, Inc. referred to as "007Names" or "007names.com" at its sole discretion, may change the terms, conditions and operation of this web site (the "Site") at anytime. By using this service the user agrees to the terms of this disclaimer and further waives any rights or claims it may have against 007Names.
The content available through the Site is the sole property of 007names.com, or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the Site's content may only be downloaded, displayed, reformatted and printed for your personal, non-commercial use. Content owned by 007Names advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without 007Names' express prior written consent.
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE 007Names' WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
WITHOUT LIMITING THE FOREGOING, 007Names SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE 007Names WEB SITE AND THAT 007Names MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS 007Names MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL 007Names BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST 007Names WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Uniform Domain Name Dispute Resolution Policy (UDRP):
For all .com, .net, .org, .info, .biz, .us, .pro and .name domain name registrations, modifications and renewals, the ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. Click here for a current copy of the UDRP.
Under the UDRP, if an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision.
007Names, Inc. is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net, .org, .info, .biz, .us, .name and .pro TLDs. ICANN oversees the .com, .net, .org, .info, .biz, .us, .name and .pro global top level domains ("gTLDs"). 007Names, Inc accepts applications to register and renew domain names for these gTLDs.
As an accredited domain name registrar, 007names.com is, upon accepting Your application to register, modify or renew a domain name with a .com, .net, .org, .info, .biz, .us, .name, .pro, .eu, and .mobi gTLD, Your sponsor for that application. All .com, .net, .org, .info, .biz, .us, .name, .pro, .eu and .mobi domain name registrations, modifications or renewals applications we receive from You are not effective until we have first received a payment from you for Your application and then delivered the information You provide us to the registry operator, which is VersiSign Global Services for .com, .net, .org, NeuLevel, Inc. for .biz and .us, Afilias Ltd. for .info, RegistryPro for .pro, Global Name Registry Ltd. for .name, EURid for .eu and mTLD Mobile Top Level Domain for .mobi as applicable.
007Names, Inc. considers the account holder as the sole owner in control of a domain name registered by the account. User name and password are chosen by the applicant when an account is first created. That user name and password are the means through which You access Your account for domain name registration, modification, transfer or renewal.
Indemnification Provisions for All Registry Operators
You agree to indemnify, defend and hold harmless all registry operators that 007names has entered into an agreement with, including VeriSign, Inc., NeuStar,Inc., NeuLevel Inc., Afilias Limited, RegistryPro, and EURid .EU Registry, and mTLD Mobile Top Level Domain, their 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 Your domain registrations.
Indemnification Provisions for 007Names, Inc.
You agree to indemnify, defend and hold harmless 007Names, Inc., its contractors, agents, employees, officers, directors and affiliates from all liabilities, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to (a) Your use of the Services, including, but not limited to, Your application for registration, modification, or renewal of any domain name registered in Your name, and (b) Your use of any domain name registered in Your account.
This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
Fees and Payment:
As consideration for 007Names' domain name registration, administration, and renewal services, You agree to pay 007Names, Inc., upon submission of Your domain name registration, receiving of your domain renewal notification, or successful domain transfer to 007Names, Inc., the fees set forth in the price schedule for such services. 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. In the event of a charge back in connection with Your payment of the registration, renewal, or inbound transfer fee, You agree that the domain name registration shall be transferred to 007Names, Inc., the entity that has paid for that registration, renewal or transfer. 007Names, Inc. reserves all rights regarding such domain name including, without limitation, cancellation of the domain name registration, transfer of the registration to 007names' own account, or sale of the domain name to any other third party.
Domain Renewals:
007Names, Inc. will send You, using the email address listed in Your account, the first renewal notice thirty(30) days prior to Your domain's expiration date, a second reminder ten(10) days prior to the expiration date, and a deletion notice on the expiration date if the name has not been renewed by then.
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It is very important that you keep your account information ESPECIALLY YOUR EMAIL ADDRESS up-to-date!!
007Names, Inc. bears no responsibility in the event that Your domain names get deleted, redirected or transferred
because You had not received our renewal notices due to an outdated email address listed in Your account.
Once a domain name has expired, 007Names, Inc. reserves the right to do any of the following,
delete the domain name immediately.
Once a domain name is deleted, it will be placed in a Redemption Period for thirty(30) days by the registry operator. A deleted domain name cannot resolve during the Redemption Period.
You may request to restore a deleted name within the thirty day period. A Restoration fee of US$120 per name plus a min. of one year renewal fee must be paid before 007Names.com submits Your application for Restoration. A Restored domain name can not be transferred wtihin 60 days from the day of Restoration.
redirect the domain name.
007Names, Inc. will remove an expired name from Your account and direct the domain name to an IP address or a web site of our choice. The expired name can either be pointed to 007names.com's web site, a third party's web site for advertisements and promotions. 007Names.com will become the Registrant and Contacts in the WHOIS output of the domain name.
You may request to reactivate Your redirected domain name within 30 days from the domain's expiration day. The Reactivation fee is $80 per name. 007Names.com reserves the right to deny your Reactivation request after the thirty (30) days window. If Your Reactivation request is accepted, the $80 fee plus a min. of one year renewal fee must be paid before 007Names.com returns and reactivates the domain name to your account. A Reactivated domain name can not be transferred to another registrar within 60 days from the day of Reactivation.
transfer the domain name to a third party.
If Your redirected domain name is not reactivated within 30 days from day of expiration, 007Names.com reserves the right to take full control of the domain name including but not limited to deletion, transfer the domain name registration to any third party through direct sales, public auctions or any other means without an advanced notice to You. You also agree that You are not entitled to any of the proceeds if the transfer takes place because of a sale or auction.
outbound transfer of a restored or reactivated domain name.
A restored or reactivated domain name cannot be transferred to another registrar within 60 days from the day of restoration or reactivation.
Domain Transfers:
Outbound Transfer: In the absence of extenuating circumstances an outbound transfer will be denied if a domain name has expired, or only been transferred to us less than 60 days prior to the request. Extenuating circumstances are defined as: UDRP action, or a valid court order.
Inbound Transfer: There will be no fee for transferring a domain name to us except for the fee for the additional year of the registration period added by the registry upon a successful transfer of a domain name.
Under Construction Page:
You acknowledge and agree that any or all domain names that are (1)registered with 007Names, Inc, directly from 007names.com web site or through our contracted agents', (2)hosted on a 007Names.com domain name server, and (3) do not otherwise resolve to any active web site, may resolve to a temporary Under Construction Page with promotions/advertisements contents, links to 007names.com web site, or any third-party's web site.
Limitation of Liability:
YOU AGREE THAT 007Names, Inc. WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND 007Names, Inc. REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES, (i) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD, (j) LOSS OR LIABILITY RESULTING FROM UNAUTHORIZED USE OF YOUR USER NAME OR PASSWORD, OR (k) APPLICATION OF THE DISPUTE POLICY. 007Names, Inc. ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF 007Names, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 007Names Inc.'s MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00) BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Modifications to 007Names' Registration Agreement and Dispute Policy:
You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on 007Names' web site, or on notification to You by e-mail or United Sates mail. You agree to review 007Names' web site, including the Agreement, periodically to be aware of any such revisions. If You do not agree with any revision to the Agreement, You may terminate this Agreement at any time by providing us with notice by e-mail at info@007names.com or United States mail at the addresses listed on the contact us page on the 007Names' website, located at http://www.007names.com/contactus.jsp. Notice of Your termination will be effective on receipt and processing by us. You agree that, by continuing to use the 007Names' services following notice of any revision to this Agreement or change in service(s), You abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Dispute Policy at any time. Your continued use of the domain name registered to You shall constitute Your acceptance of this Agreement and the Dispute Policy with the new modifications. You acknowledge that if You do not agree to any of such changes, You may request that Your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be Your exclusive remedy if You do not wish to abide by any changes to this Agreement or the Dispute Policy.
Account and Domain Registration Information and their Use:
Access of Your Account and You Domain Registration Information
You may access Your account at our web site (http://www.007names.com) using your Account Name and Password to modify Your account information, to view, modify or cancel a domain name registration, and to transfer a domain registration from another registrar to 007Names.
Information You Are Required to Submit:
As part of the registration process, You are required to provide certain information and to update this information promptly as needed to keep it current, complete and accurate. The information You are obligated to provide in connection with the domain name You are registering is the following:
The domain name being registered.
Your (Account holder's) name, postal address, e-mail address, voice telephone number, and where available, fax number.
The name, postal address, e-mail address, voice telephone number, and where available, fax number of the registrant, administrative contact, billing contact and technical contact, if different from Account, for the domain name. In the case of an organizations, association or corporation, the name of a contact person must be supplied.
Additional Information We Maintain About Your Registrations:
In addition to the information You provide, we maintain records relating to Your domain name registration. These records may include:
Records of Your domain name registration, including original creation, date of the domain name, date of domain information modification, date and amount of Your payment of the domain domain registration,
The Host Name of the primary nameserver and any secondary nameservers for the domain name
The name, postal address, e-mail address, voice telephone number, and where available, fax number of the registrant for the domain name
The name, postal address, e-mail address, voice telephone number, and where available, fax number of the admin/billing/technical contact for the domain name
The expiration and renewal date of the domain registration
Information and copies in electronic or paper form regarding all other activity between You and 007Names and third parties relating to Your domain name registration and related services.
Accuracy of Your information
By applying to establish an account with us for the services of registration, modification or renewal of a domain name, You hereby represent, warrant and agree to us that (a) the information You supply in Your Create Account Application, Domain Contact and Domain Registrant are accurate and reliable and promptly correct and update them during the term of the Agreement, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in the case of a Registrant or Contact that is an organization, association, or corporation, (b) to the best of Your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party or any applicable laws or regulations, (c) the registration of the domain name is not for an unlawful purpose.
Your willful provision of inaccurate or unreliable information, Your willful failure promptly to update information provided to 007Names, or Your failure to respond for over fifteen(15) calendar days to inquiries by 007Names concerning the accuracy of registrant or contact details of any of Your domain registrations sponsored by 007Names shall constitute a material breach of the Agreement and be a basis for cancellation of the domain registration.
If You intend to license use of a domain name to a third party, You are nonetheless the sole owner in control of the domain name and are responsible for providing and updating the domain's accurate registrant, administrative, billing and technical contact information in order to facilitate timely resolution of any problems that arise in connection with the domain name.
Ownership of Information and Data:
You agree and acknowledge that 007Names owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar:
the original creation date of the registration
the expiration date of the registration
the name, postal address e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration
any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database
any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. 007Names does not have any ownership interest in Your specific personal registration information outside of its rights in our domain name database.
Disclosure and Use of Registration Information ( Privacy Policy ):
You agree and acknowledge that 007Names will make available domain name registration information You provide or that we otherwise maintain to ICANN, to the registry operator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that 007Names may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information You provide, for purposes of inspection (such as through our "whois" service) and other purposes as required or permitted by ICANN and applicable laws. Additionally, You acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that 007Names may or must make available to the public or to private entities, and the manner in which such information is made available. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by You in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action You may have arising from such disclosure or use of Your domain name registration and other information by 007Names Inc.
Agents, Licenses and Resellers:
You agree that, if You are registering a domain name for or on behalf of another entity, You represent that You have the authority to nonetheless bind that other entity as a principal to all terms and conditions provided herein, including the Dispute Policy. You agree that if You license the use of the domain name registered to You to a third party, You nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both Your own full contact information, and accurate technical, administrative and billing information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. You agree that by licensing the use of a Registered Name according to this provision You shall accept liability for harm caused by wrongful use of the Registered Name unless You promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.
Announcements:
We reserve the right to distribute information to You that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance Your identity on the Internet.
Breach and Revocation:
007Names reserves the right to suspend, cancel, transfer or modify Your domain name registration or suspend, cancel or modify other services we provide in the event (a) You materially breach this Agreement (including the Dispute Policy) and do not cure such breach within fifteen (15) days of notice by 007Names, (b) You use the domain name registered to You to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) You use Your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement. You further acknowledge and agree that Your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including 007Names, Inc.) or registry administrator procedures approved by an ICANN-adopted policy, (1) to correct mistakes by 007Names, another registrar or the registry administrator in administering the name or (2) for the resolution of disputes concerning the domain name. You also agree that 007Names shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as 007Names receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
Right Of Refusal:
We, in our sole discretion, reserve the right to refuse to register or reserve Your chosen domain name or register You for other 007Names service(s), or to delete Your domain name within thirty (30) calendar days from receipt of Your payment for such services. In the event we do not register or reserve Your domain name or register You for other 007Names service(s), or we delete Your domain name or other 007Names service(s) within such thirty (30) calendar day period, we agree to refund Your applicable fee(s). You agree that we shall not be liable to You for loss or damages that may result from our refusal to register or reserve, or delete Your domain name or register You for other 007Names service(s).
Governing Law:
Except as otherwise set forth in the UDRP or any similar gTLD policy with respect to any dispute over Your 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 Jersey, as if the Agreement was a contract wholly entered into and wholly performed within the State of New Jersey. Except as otherwise set forth in the UDRP or any similar gTLD policy with respect to any dispute over Your domain name registration, any action to enforce this Agreement or any matter relating to Your use of the 007Names site shall be brought exclusively in the United States District Court for the District of New Jersey, or if there is no jurisdiction in such court, then in the Superior Court of the State of New Jersey, Somerset County. You irrevocably consent to the jurisdiction of the State of New Jersey for any actions hereunder.
For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.
Notices:
You agree that any notices required to be given under this Agreement by 007Names to You will be deemed to have been given if delivered in accordance with the information supplied on the Create Account application You have provided. For notices to 007Names, 007Names may be contacted via any of the following means on the contact page located at Contact Us or at the following address:
007Names, Inc.
672 Route 202-206 N.
Bridgewater, NJ 08807
Additional Provisions Specific to .BIZ Registry Operator:
If you are registering a .BIZ domain name, you agree to abide by the .BIZ restrictions. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions (Restrictions), bona fide business or commercial use shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS
To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
To facilitate
the exchange of goods, services, information, or property of any kind; or,
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.
As a .biz domain name registrant, you hereby certify to the best of your knowledge that:
the registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
the domain name registrant has the authority to enter into the registration agreement; and
the registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.
BIZ DOMAIN NAME DISPUTE POLICY
The .BIZ Start-up Trademark Opposition Policy ("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. STOP details are available at http://www.neulevel.biz/stop_overview/index.html and the Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.biz/ardp/docs/rdrp.html.
The Intellectual Property Claim Service a service introduced by .BIZ Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant. The 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.
.BIZ Registry Operator, NeuLevel, Inc. expressly reserves 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. NeuLevel, Inc. also reserves the right to freeze a domain name during resolution of a dispute.
Additional Provisions Specific to .US Registration
You certify that You meet the following Nexus Requirements to qualify to register to use a .US domain name.
Registrants must be either:
a natural person who is
a United States citizen,
who is a permanent resident of the United States of America or any of its possessions or territories, or
whose primary place of domicile is in the United States of America or any of its possessions, or
an entity or organization that is
incorporated within one of the fifty (50) U.S. states, the district of Columbia, or any of the United States possessions or territories or
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
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
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
maintains an office or other property within the United States.
The name servers listed for all .US domain names must be based within United States of America or any of its possessions or territories. Registrant further certifies that 007names.com has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willing volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry. Registrant understands and agrees that if such information cannot be verified, or if Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.
Additional Provisions Specific to .INFO
If you are registering .info domain names you agree to:
consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .info Registry Operator and its designees and agents;
submit to the proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name;
acknowledge that the Registry Operator, Afilias Limited. will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, but not limited to, Your able or unable to register a .biz domain name during these periods, and the results of any dispute over a Sunrise Registration.
Additional Provisions Specific to .CN
You agree that Your registration of the .cn, .com.cn, .org.cn and .net.cn domain names can be subject to suspension, cancellation, or transfer pursuant to any Neustar or CNNIC adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with a Neustar or CNNIC adopted specification or policy. The Agreement between You and 007Names, Inc. for a cnTLD domain name shall be governed under the Laws of the People's Republic of China. You shall adhere to the processes and requirements contained in the relevant administrative policies and rules made by the PRC's governmental agencies and CNNIC,including but not limited to the following:
Any subsequent updates, changes and/or revisions to the above listed policies
You may not register or use a .CN domain name that is deemed by the CNNIC to:
Be against the basic principles prescribed in the Constitution of the People's Republic of China("PRC");
Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt the state integrity of the PRC;
Harm national honor and national interests of the PRC;
Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
Violate the PRC's religion policies or propagate cult and feudal superstition;
Spread rumors,disturb public order or disrupt social stability of the PRC; Spread pornography, obscenity, gambling,violence,homicide, terror or instigate crimes in the PRC;
Insult, libel against others and infringe other people's legal rights and interests in the PRC;or
Take any other action prohibited in laws, rules and administrative regulations of the PRC.
You hereby represent that, to the best of you knowledge and belief, neither the registration of the Registered name nor the manner in which it is directly or indirectly being used infringes the legal rights of any third party. You shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registration. Your willful or grossly negligent provision of inaccurate or unreliable information or Your wilful or grossly negligent failure to promptly update information shall constitute a material breach of the Agreement and be a basis for cancellation of the Your registered names.
Collections of Personal Data.
Your personal data will be included in a Whois record and shared with the CNNIC. You consent to the submission of data required by this Agreement.
Additional Provisions Specific to .PRO
You agree to the use, copying, distribution, publication, modification and other processing of Your personal data that is related to your .pro domain name registration information by RegistryPro and its designees and agents for the purposes of performing the Verification Services and Digital Certificate Services required for successful registration. These Services include:
conducting identity checks and professional eligibility checks with respect to Your applications,
populating the data fields of the Digital Certificate issued to You or Your registered domain name holder,
conducting periodic spot checks of Your or Your registered name holder continuing eligibility to hold the registration,
conducting annual re-verification of You or Your registered name holder continuing eligibility to hold the registration, and
publishing certain information regarding You or Your registered name holder in RegistryPro's publicly-available WHOIS directory and in a publicly-available list of issued, revoked, or suspended Digital Certificates.
You represent and warrant that it meets the applicable .Pro registration requirements within the Jurisdiction and agree that, during the term of the registration, it will continue to meet such requirements and that it will promptly notify us if it no longer meets such requirements. You also acknowledge that RegistryPro is a third party beneficiary of the Agreement with the rights to enforce those provisions of the Agreement that affect it.
You acknowledge that 007Names shall be solely responsible for providing You with services with respect to (a)Your application for a registration and (b) in the event such application is accepted, for all ongoing services with respect to Your issued registered name. You acknowledge that if, pursuant to the performance of the initial verification services or annual verification services, 007Names.com determines that Your application does not meet or does not continue to meet the applicable .Pro registration requirements, 007Names.com shall be entitled to retain a processing fee of $249 in connection with the performance of the initial verification services and $249 in connection with the performance of the annual verification services.
As a registered domain name holder, You hereby,
Represent and Warrant that the data provided in the Registered Name or Defensive Registration application is true, accurate, up to date, and complete; and that You will at all times during the term of its registration keep the information updated;
Represent and warrant that the registration satisfies the applicable .pro restrictions at the time of registration;
Agree to be subject to the Qualification Challenge Policy and the Uniform Domain Name Dispute Resolution Policy (the "UDRP");
Agree not to make any representation to any person or entity that expressly or impliedly conveys that the registration of the Registered Name in any way signifies or indicates that the Registered Name Holder possesses any general or specific professional qualifications, including, but not limited to, professional qualifications in a particular field;
Certify that the Registered Name Holder has the authority to enter into the registration agreement;
For applications during the Sunrise Period, certify that the registration qualifies for a Sunrise Registration.
For Intellectual Property Defensive Registrations, including Sunrise Registrations, agree to be subject to the Intellectual Property Challenge Defensive Registration Challenge Policy.
Agree to the use, copying, distribution, publication, modification and other processing of Registered Item Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 of this Agreement.
Acknowledge that Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period including, without limitation: (i) the ability or inability of You to obtain a Registered Domain during these periods, and (ii) the results of any dispute over a Sunrise Registration.
Acknowledge that the Registrar reserves the right to reject any application to register a Registered Item for any reason or no reason, including but not limited to if 007Names or Registry Operator reasonably believes it does not satisfy the conditions for a Registrations (including, the Sunrise Registration Conditions or .pro eligibility requirements).
The Registered Name Holder acknowledges having read and understood a and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement,
Procedures for any applicable Verification Toolkit. You represent and warrant that, at all times during the term of the Agreement, You meet the .pro registration requirements set forth by Registry Operator for the .pro registration. You are required to provide prompt notice to 007names.com if it fails to meet such registration requirements. 007names.com and/or Registry Operator shall have the right to immediately and without notice to You or the Registered Name Holder, suspend, cancel or modify a Registered Name Holder's registration.
Additional Provisions Specific to .EU
Limitation of Liability.
In addition to the other limitations of liability contained herein, You agree that 007Names, Inc. shall have no liability of any kind for any loss or liability resulting from the processing of pre-registration requests prior to live .EU launch or the submission of proposed registration requests to the .EU Registry including, without limitation, your ability or inability to obtain a particular domain name including any dispute resolution proceeding related to any of the foregoing. 007Names, Inc. assumes no liability for any pre-registration request or a domain name's rejection, suspension, cancellation, deletion, interruption or transfer due to procedures, rules or policies laid down by .EU Registry or due to practices, customs or prejudices of courts of law or dispute resolving arbitrators.
007Names, Inc. will not be liable for any claims, damages or injuries arising out of the termination of services that are provided by .EU Registry for any reason, including but not limited to the termination of .EU Registry's registration authority, or its bankruptcy.
Indemnification.
In addition to Section 4 of this Agreement on Indemnity, You agree to indemnify, release, defend and hold 007Names.com harmless for all liabilities, claims, damages, costs and expenses arising out of: (a) Your breach of any terms of this Schedule; (b) any violation of a third party's right related to your pre-registration request; (c) any dispute with the .EU Registry or a third party arising out of Your pre-registration request; (d) any dispute related to the validation process for your pre-registration request; or (e) any dispute arising out of the ADR process described in EC No. 874/2004, Ch. VI. Art. 20-23 that involved the domain name(s) in Your pre-registration request.
Governing Law:
You agree that any disputes between You and the .EU Registry, shall be governed in all respects by and in accordance with the laws of the European Community or one of its Member States. All disputes between You and the .EU Registry are to be brought before the tribunal of .EU Registry's choice. All disputes between You and 007Names, Inc. are subject to the Governing Law described in Section 18 of this Agreement.
Dispute Resolution Policies.
Accept as provided by Section 21 (Governing Law) of this Agreement, you agree that every service for which you apply or register, including a pre-registration request for a domain name, and, if applicable, any domain name registration, is subject to the policies and procedures related to the "Revocation and Settlement of Conflicts" as detailed in EC No. 874/2004 Chapter VI, Articles 20-23 (April 28, 2004) found here and any other dispute polices that are also available at .EU Registry's website www.eurid.eu.
Additional Provisions Specific to .MOBI
Registered Account Holder and/or Registered Name Holder shall:
Indemnify to the maximum extent permitted by law, defend and hold harmless the dotMOBI 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 relating to the Registered Name Holder's domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement; (3.7)
Indemnify, defend and hold harmless the dotMOBI Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, 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 and or use, and indemnification obligation survive the termination or expiration of the registration agreement; (3.7.1)
Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to 007Names.com being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement. (3.8.3)
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1)
Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar; (3.8.2)
Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4)
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); (3.8.5)
Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)
Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration. (3.8.7)
Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. (3.8.8.)
Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted. (3.8.9)
Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract. (3.9.1)
Infancy.
You certify that You are of legal age to enter into this Agreement.
Acceptance of Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
