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 ten(10) 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 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 60 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 $120 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.
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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 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.
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REPRESENTATIONS
AND WARRANTIES
You agree
and warrant that
a) Your use of any of Our services will 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
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.
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.
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 .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/, including but
not limited to:
- Acceptable
Use / Anti-Abuse Policy
- Registrant
Eligibility Policy
- Name
Allocation Policy
- Name
Selection Policy
- Privacy
Policy
- Registrant
Eligibility Dispute Resolution Policy
- Reserved
Names Challenge Policy
- Sunrise
Dispute Resolution Policy
- Whois
Access Policy
fTLD's security requirements include:
For detailed security requirements, please reference items 13, 15, and 22-29 in the Security Requirements.
Public
Interest Commitments and Community Registration Policies
Dispute Resolution Mechanisms
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.
Last updated MARCH 20, 2015 Copyright© 2015, 007Names, Inc. All Rights Reserved