007Names.com Registration Service Agreement
The Registration Service Agreement, Domain Transfer Policy, Domain Transfer Dispute Resolution Policy, Uniform Domain Name Dispute Resolution Policy and Disclaimer, as published on the page at https://www.007names.com/statements/terms.xhtml, constitute the complete and exclusive agreement ("Agreement").
This Agreement between the account holder ("You" and "Your"), each person/organization listed in and associated with your account and 007Names, Inc. ("007names.com", "007Names", "We" and "Us") sets forth the terms and conditions of Your use of 007Names' domain name registration services, domain name renewal services and all other domain related services provided by 007Names. When You use Your account or permit someone else to access and manage Your account or modify Your services with Us (even if we were not notified of such authorization), this Agreement covers such delegations or actions.
By using 007Names' domain services, You agree to establish an account with Us for such services. Upon submitting Your account application You acknowledge that You have read, understood and agreed to be bound by the Agreement and all terms and conditions of relevant policies. This Agreement will be amended from time to time as needed and without further notice to You. It is Your obligation to review this Agreement regularly.
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.
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 FROM 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.
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
agree and acknowledge that 007Names will make available domain name
registration information You provide or that we otherwise maintain
to ICANN, to the domain's corresponding registry operator(s), and
to other third parties as ICANN and applicable laws may require or
permit. You further agree and acknowledge that 007Names is required
by ICANN to 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 the public "whois" service) and other
purposes as required or permitted by ICANN and applicable laws.
Additionally, You acknowledge that ICANN is the authority to
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.
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
around 7 days prior to the expiration date, and a domain
deactivation notice on the expiration date if the name has
not been renewed by then. We deactivate with the
exception of .name email forwarding and .tel domain
registrations Your expired domain registration two (2) days after
its expiration day, and the deactivated domain name will not
resolve to its original DNS designated functions. Due to the
special requirements by the registry operator, expired .name
email forwarding and .tel domain registrations will not go
through the deactivation period but be deleted shortly after
expiration date.
In addition to pointing Your
expired domain name to a "Pending Delete" web page,
007Names reserves the right to re direct the expired domain
name to an IP address, a web site of Our choice, or a
third party's web site for the purpose of commercial
advertisements or monetizations.
The
expired domain name will stay in the "Deactivated" status
until You reactivate it. Deactivated domain names will
be deleted 35-44 days after the expiration date if it has not been
reactivated by then. Deactivated or redirected domain names that
have passed the expiration date by more than 44 days and have not
been deleted are considered "ABANDONED", and 007Names
reserves the right to transfer them to 007Names' own account,
or a third party resulting from a sale or auction.
Once an expired domain is deactivated, the reactivation fee
is $10 plus one year renewal fee. When a domain is deleted
the restoration fee is $80 including a year's renewal. The
registry operator will place a deleted domain name in
"Redemption" Status for 30 days and You may restore it
within the Redemption period. A deleted domain name if not
restored will become available for the public to register 6 days
after the 30 days Redemption period.
A restored,
reactivated, or reclaimed domain name CAN NOT be transferred
to another registrar within 60 days from the day of its
restoration, reactivation or reclaim.
********************
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 expired domain names get deactivated, deleted,
redirected or transferred to a third party due to the fact that You
fail to receive our renewal notices because Your account's
email address is invalid or inaccessible by You.
********************
REPRESENTATIONS
AND WARRANTIES
You
agree and warrant that
a) Your use of any of Our services
will not directly or indirectly infringe the legal rights,
intellectual property right of a third party,
b) You
are of legal age to enter into this Agreement and have the power
and authority to execute this Agreement and to perform Your
obligations,
c) You agree to comply with all applicable
laws and regulations
MODIFICATIONS
TO AGREEMENT
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 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.
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.
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 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.
GOVERNING LAW
Except as otherwise set forth in the UDRP or
any similar gTLD and ccTLD policy with respect to any dispute over
Your domain name registration, this Agreement, Your rights and
obligations 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 and ccTLD policy with respect
to any dispute over Your domain name registration, any judicial
proceeding relating to Your use of the 007Names services or arising
from this Agreement shall be brought exclusively in the United
States District Court for the District of New Jersey,
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.
You agree to waive
the right to trial by jury in any proceeding that relating to or
arising from this Agreement.
FORCE
MAJEURE
Neither party shall be deemed in default in the performance
of obligations of this Agreement or held responsible for any
interruption or delay of services due to causes either by natural
disaster or events beyond its control including,
but not limited to: earthquake, flood, fire, storm, act of God,
war, terrorism, riot, strike.
NOTES
You agree that any notices required to be given under this Agreement by 007Names to You will be deemed to have been given via email with the email address You have provided in Your account. For notices to 007Names, 007Names may be contacted via any of the available means on the "Contact Us" page or at the following address:
007Names, Inc.
1031 US Highway 22 W.
Suite 105
Bridgewater, NJ 08807
Indemnification Provisions for All
Registry Operators
You acknowledge that 007Names is
an ICANN ( Internet Corporation for Assigned Names) accredited
registrar and bound by an agreement between ICANN and 007Names. You
also acknowledge that 007Name has entered into
Registrar-Registry Agreement with various registry
operators.
You agree to indemnify, defend and hold
harmless all registry operators with whom 007Names has entered into
agreement their owners, directors, managers, officers,
employees, contractors, service providers, agents and affiliates
from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses
(including on appeal) arising out of or relating in any way
to Your domain registration, including, without limitation, the
use, registration, renewal, extension, deletion, and/or transfer
thereof and/or the violation of any applicable terms or conditions
governing the registration.
You further agree
that You shall not enter into any settlement or compromise of any
such indemnifiable claim without 007Names prior written consent,
which consent shall not be unreasonably withheld and that this
indemnification obligation shall survive the termination or
expiration of this Agreement for any reason.
You agree that 007Names may modify this Agreement from time to
time in order to comply with applicable terms and policies set
forth by ICANN or the registry operators.
ADDITIONAL PROVISIONS SPECIFIC TO EACH
REGISTRY OPERATOR -
a).biz
registrations
b) .us registrations
c) .info registration
d) .pro registrations
e) .name
registrations
f) .tw registrations
g) .cn registrations
f) .mobi
registrations
g) .eu registrations
h) .asia registrations
i) .tel registrations
j) .xxx
registrations
k) .nyc registrations
l) .bank registrations
m) .sale registrations
n) .video
registrations
o) .software
registrations
p) .organic
registrations
q).insurance registrations
Additional Provisions Specific to .BIZ Registrations
If you
are applying for the registration of a .biz domain name You agree
that:
(1) the domain name will be used primarily for
bona fide business or commercial purposes and not exclusively
for personal use or solely for the purposes of selling, trading or
leasing the domain name for compensation, or the unsolicited
offering to sell, trade or lease the domain name for compensation;
and
(2) the domain name is reasonably related to
your business or intended commercial purpose at the time of
registration.
See
detailed ".info Registration Requirements"
Additional Provisions Specific to .info
Registrations
If
you are applying for the registration of a .info domain name You
agree to :
(1) submit to proceedings commenced under the
Uniform Domain Name Dispute Resolution Policy ("UDRP")
and the Sunrise Dispute Resolution Policy ("SDRP")
available at
http://www.afilias.info/faq/sunrise-challenge.html;
(2) that the .info registry 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.
(3) 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;
(4)
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
.eu Registrations
Eligibility Requirements
(1)
an undertaking having Your registered office, central
administration or principal place of business within the European
Community;
(2) an organization established
within the European Community; or
(3) a natural
person resident within one of the Member States of the European
Community.
You represent and warrant
that Your application for the .eu domain names meets the
eligibility requirements established by the .eu registry
operator, and You shall continue to have a lawful bona fide
European Union nexus. The details can be found at: http://www.eurid.eu/en/eu-domain-names.
You also agree that it is Your responsibility to ensure that you
meet all of the requirements of the .eu Registry's validation
process, and 007Names is not responsible or liable in any way if
Your registration is rejected for any reason, including but
not limited to the .eu Registry's failure or inability to contact
You or Your failure to respond to .eu Registry's request for
supporting documentation, during the validation process.
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.
You certify that You meet the following Nexus
Requirements to qualify to register to use a .US domain name.
Registrants must be either:
(1) 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
(2) 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
(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
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 .cn Registrations
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:
China Internet Domain Name Regulations
(http://www.cnnic.net.cn/ruler/20.shtml).
CNNIC Detailed
Rules of Internet Domain Name Registration Administration
(http://www.cnnic.net.cn/ruler/16.shtml) (not yet translated).
CNNIC Domain Name Dispute Resolution Policy
(http://www.cnnic.net.cn/doc/e-10.shtml).
Rules for CNNIC Domain Name Dispute Resolution
Policy (http://www.cnnic.net.cn/doc/e-9.shtml).
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;
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
willful 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.
See
detailed ".pro Registration Requirements"
Additional Provisions Specific to .pro
Registrations
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
(1) 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;
(2)
Represent and warrant that the registration satisfies the
applicable .pro restrictions at the time of registration;
(3) Agree to be subject to the Qualification Challenge Policy and
the Uniform Domain Name Dispute Resolution Policy (the
"UDRP");
(4) 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;
(5) Certify that the Registered Name Holder has the authority to
enter into the registration agreement;
(6) For
applications during the Sunrise Period, certify that the
registration qualifies for a Sunrise Registration.
(7) For
Intellectual Property Defensive Registrations, including Sunrise
Registrations, agree to be subject to the Intellectual Property
Challenge Defensive Registration Challenge Policy.
(8)
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,
The Uniform Domain Name Dispute Resolution
Policy, available at http://www.icann.org/udrp/udrp-policy-24oct99.htm
The Intellectual Property Defensive Registration Challenge,
available at http://www.registrypro.com/policies/ipdrc-policy.doc
The .pro TLD eligibility criteria, available at http://www.registrypro.com/policies/eligibility.php;
For registrations of Registered Names, the .pro TLD digital certification requirements, available at http://www.registrypro.com/products/details.php#link2; and
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 .sale Registrations
Please view details at http://rightside.co/legal/terms-conditions/
Additional Provisions Specific to .software Registrations
Please view details at http://rightside.co/legal/terms-conditions/
Additional Provisions Specific to .organic Registrations
Please view details at http://get.organic/registration_policy
Additional Provisions Specific to .video Registrations
Please view details at http://rightside.co/legal/terms-conditions/
See
detailed ".mobi Registration Requirements"
Additional
Provisions Specific to .mobi Registrations
Registered Account Holder and/or Registered
Name Holder shall:
(1) 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)
(2) 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)
(3) 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)
(4) 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)
(5) 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)
(6)
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)
(7) Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); (3.8.5)
(8) Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)
(9) 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)
(10) 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.)
(11) 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)
(12) 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)
Additional Provisions
Specific to Donuts Registry Operator
You agree to the extent permitted under applicable law that
You consent to the use, copy, distribution, publication,
modification and other processing of Your personal data by Donuts.
Donuts reserves the right to deny, cancel or
transfer any registration or transaction, or place any domain
name(s) or other transactions on registry lock, hold or similar
status, that it deems necessary, in its discretion;
(a) to protect the integrity and stability of the Donuts TLD
registries or the Registry System;
(b) to comply
with any applicable laws, government rules or requirements,
requests of law enforcement, or any dispute resolution
process;
(c) to avoid any liability, civil or
criminal, on the part of Donuts, as well as its affiliates,
subsidiaries, officers, directors, and employees;
(d) for violations of this Agreement, including, without
limitation, any exhibits, attachments, or schedules hereto;
or
(e) to correct mistakes made by Donuts or any
Registrar in connection with a domain name registration. Donuts
also reserves the
right to place a domain name on
registry hold, registry lock, or similar status during resolution
of a dispute.
Additional Provisions Specific to fTLD Registry Operator
You agree to and comply with Registry Operator's policies and procedures, as they may be instituted or updated from time to time and published on the Registry Operator's website at https://www.ftld.com/policies/
fTLD's security requirements include:
Registrar's Registration Agreement and Indemnification
Registered Name Holder will indemnify, defend and hold harmless the Registry Operator, Registry Service Provider, Registry Verification Agent, and other contractually obligated vendors, and in each case, their Affiliates, partners, subcontractors, subsidiaries, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors, and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action, or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney's fees and expenses, in any way arising out of, relating to, or otherwise in connection with, the Registered Name Holder's domain name registration. Furthermore, this indemnification obligation shall survive the termination or expiration of the Registration Agreement.
For the Registrant Security Requirements see: https://www.fTLD.com/security.
Public Interest Commitments and Community
Registration Policies
Dispute Resolution Mechanisms fTLD Registry Operator 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. fTLD Registry Operator also reserves
the right to freeze a domain name during resolution of a dispute.
You agree to the extent permitted under applicable law that You consent to the collection, use, copy, distribution, publication, modification and other processing of Your personal data by TLD Registry Operator.
The Registered Name Holder is prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law. Consequences for such activities including suspension of the domain name may be enforced.
You agree that in the event of any dispute concerning the time of the entry of a Registered Name registration into the Registry System, the time stamp shown in the Registry System records shall control.
You must comply with ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
You must comply with all applicable national, state or local law, regulation or court order in relation to the operations and registrations of the Registry TLD.
Non-standard domains have non-uniform registration and renewal pricing.
Registrant shall take all necessary action(s) as directed by Registrar or Registry Operator in relation to compliance actions, directives, or instructions from ICANN, and/or as otherwise directed by Registry Operator in its sole discretion as being reasonably necessary for the provision of Registry Services, and enforcing compliance with Registry Operator’s Operational and Security Requirements and Operations Pledge, including monitoring for compliance regarding the Registered Name.
Registry Operator will comply with the following dispute resolution
mechanisms, as they may be revised from time to time: (i) the
Trademark Post-Delegation Dispute Resolution Procedure (PDDRP);
(ii) the Registration Restriction Dispute Resolution Procedure
(RRDRP); (iii) Public Interest Commitments Dispute Resolution
Procedure (PICDRP) adopted by ICANN; (iv) Registrant Eligibility
Dispute Resolution Policy (REDRP); (v) the Reserved Names Challenge
Policy; and (vi) Sunrise Dispute Resolution Policy. Registry
Operator agrees to (i) implement and adhere to any remedies ICANN
imposes (which may include any reasonable remedy, including for the
avoidance of doubt, the termination of the Registry Agreement
pursuant to Subsection 4.3(e) of the Registry Agreement) following
a determination by any PDDRP, RRDRP or PICDRP panel and to be bound
by any such determination; and (ii) the URS, including the
implementation of determinations issued by URS examiners.
Requirements of Registered Name Holder
Acceptable Use and Anti-Abuse Policies
Time of Entry Disputes
ICANN Standards
Applicable Law
Premium Name Pricing
Registrant Compliance
Last updated APRIL, 2021 Copyright© 2021, 007Names, Inc. All Rights Reserved