MyDiscountDomains.com, (hereinafter "myDiscountDomains.com")
is affiliated with an accredited registrar by the Internet
Corporation for Assigned Names and Numbers ("ICANN"). This
Registration Agreement, ("Agreement"), sets forth the terms and
conditions agreed to between you (whether directly or through
your agent, or as an agent for another person or entity), and
myDiscountDomains.com, relating to the registration, renewal,
transfer, or modification of one or more .com. .net, .org,
.info, or .biz Top Level Domain Name ("TLD's") in both
roman-alphabet languages and non-roman alphabet languages (e.g.
Japanese, Korean, Chinese Traditional and Chinese Simplified).
In this Agreement, "Registrar", "we", "us", and "our" shall
refer to myDiscountDomains.com and "Registrant", "you", "your",
or "Customer" shall refer to the person or entity that is using
myDiscountDomains.com registration services.
You (whether directly or through your agent, or as an agent for
another person or entity) acknowledge that you have read,
understood and agree to be bound by all the terms and conditions
of this Agreement.
1. FEES
You agree that upon submission of your domain name registration
application, domain name renewal application, or registrar
transfer application, to pay us our then current service fees as
set forth in our price schedule. We reserve the right to
prospectively change our fees or to institute new fees at any
time, for any reason, at our sole discretion and you agree to be
bound by any fee increase. You agree to pay all value added,
sales and other taxes (other than taxes based on
myDiscountDomains.com’s income) related to
myDiscountDomains.com’s services or payments made by you
hereunder.
1.1 Fees are Non-Refundable. All fees are
due at the time of registration and are non-refundable, in
whole or in part, even if the domain name registration is
suspended, cancelled or transferred prior to the end of the
registration term.
1.2 Renewal Notice and Fees.
You will be notified via email that
renewal fees are due at least thirty (30) days prior to
the expiration date of a domain name registration. You
will receive additional notifications as the expiration
date approaches. All emails will be sent to the email
address of the domain name account holder and the
billing contact. You are required to keep the email
address of the domain name account holder and the
billing contact current. We are not responsible for the
loss or misdirection of the email expiration notices,
including but not limited to, emails lost due to an
invalid email address in our system, a spam filter on
the mail server, or any other impediment to delivery.
Emails are sent as a courtesy only- the responsibilty of
renewing a domain lies solely with the account holder
and/or registrant of the domain. Any renewal of our
services is subject to our then current terms and
conditions, the payment of all applicable service fees
at the time of renewal, and the domain name registry's
acceptance of the renewal of your domain name
registration.
5 days prior to expiration, your domain
will be placed on hold status, in preparation for
release. This will result in websites and email not
resolving for those 5 days. After this period, should
you fail to renew or cancel your domain name
registration by the expiration date, your domain name
registration shall AUTOMATICALLY EXPIRE and you shall
lose all rights in and to the expired domain name.
Expired domain names are routinely deleted on a regular
basis. There is no grace period and under no
circumstances will myDiscountDomains.com be able to
renew the domain after the automatic expiration.
Although you will no longer be able to
renew your expired domain name, you can redeem it under
the Registrar Redemption program. For a fee of $100.00
(plus the cost of your renewal), myDiscountDomains.com
will attempt to restore your domain to its original
status. This redemption program is valid for 30 days
from the release of your domain. After that time, you
may attempt to re-register the expired domain name as
new.
1.3 Credit Card Charge Backs. In the event of a charge
back by a credit card company or other non-payment by
you in connection with your registration, renewal, or
registrar transfer fee, you acknowledge and agree that
the domain name registration shall be transferred to
myDiscountDomains.com, that myDiscountDomains.com shall
be deemed the entity that paid the registration,
renewal, or transfer fee, and that myDiscountDomains.com
shall have all rights regarding such domain name
including, but not limited to, the right to sell the
domain name to a third party. myDiscountDomains.com may,
in its sole discretion, reinstate your domain name
registration upon its receipt of the registration or
renewal fee and a US $200 reinstatement fee.
2. REGISTRATION INFORMATION
You acknowledge and agree that in order for us to provide
you domain name registration and related services, you must
provide us with certain information and that we will
maintain certain information about you and your
registration.
2.1 Required Information
During the domain name registration process, you must
provide us the following ICANN required information:
(a) The domain name being registered;
(b) The IP addresses and the names of the primary
nameserver and the secondary nameserver for the domain
name;
(c) Your full name (or the name of the authorized person
for contact purposes if the domain holder is an
organization, association, or corporation), postal
address, email address, voice telephone number, and fax
number (if available) of the administrative contact for
the domain name;
(d) The full name, postal address, email address, voice
telephone number, and where available, fax number for
the administrative contact, technical contact and
billing contact for the domain name.
You acknowledge and agree to immediately
correct and update the registration information for any
domain name registered hereunder during the registration
term for such registered domain name.
You also acknowledge and agree that when you renew a
domain name registration, the type of information you
are required to provide may have changed. If you do not
wish to provide the new required information, we, in our
discretion, may not renew your registration.
2.2 Additional Registration Information
In addition to the information you are required to
provide in clause 2.1 of this Agreement, we maintain
additional information relating to your domain name
registration, including:
(a) the original creation date of a
domain name registration, renewal or request for
service;
(b) the submission date and time of a registration or
renewal application to us and by us to the appropriate
registry;
(c) communications constituting registration orders,
renewals, modifications, or terminations and related
correspondence;
(d) records of account, including dates and amounts of
all payments;
(e) the expiration date of the registration; and
(f) other information regarding all other activity
between you and us regarding your domain name
registration and related services.
2.3 Disclosure of Third Party Information
If in applying for the registration of a domain name you
are providing information about a third party, or if you
license a domain name registered in your name to a third
party, you hereby represent and warrant that you have
(a) provided notice to that third party of the
disclosure and use of that party's information as set
forth in this Agreement, and (b) that you have obtained
that third party's express consent to the disclosure and
use of that party's information as set forth in this
Agreement.
2.4 Obligation To Provide Accurate Information
You acknowledge and agree that any of the following
actions or in-actions shall constitute a material breach
of this Agreement and shall be a sufficient basis for
cancellation of your domain name registration:
(a) your willful provision of inaccurate
or unreliable information;
(b) your willful failure to promptly update information
you provided to us, or
(c) your failure to respond for over ten (10) calendar
days to our inquires concerning the accuracy of contact
details associated with your domain name registration.
2.5 Security
Our system utilizes 128 bit encryption technology to
send and receive information pertaining to the
registration, renewal, and transfer of a domain name.
2.6 Disclosure and Use of Information
myDiscountDomains.com will take reasonable precautions
to protect personal information obtained from Registrant
from loss, misuse, unauthorized access or disclosure,
alteration or destruction.
ICANN requires all accredited domain name registrars to
make domain name registration information available in
bulk form to third parties who agree not to use it to (i)
allow, enable or otherwise support the transmission of
mass unsolicited, commercial advertising or
solicitations via e-mail (spam) or (ii) enable high
volume, automated, electronic processes that apply to
our systems to register domain names.
You acknowledge, consent and agree that the information
you provided myDiscountDomains.com in the domain name
registration application will be: (i) transmitted to the
registry or registry administrator for registry use;
(ii) made publicly available as required by ICANN; and
(iii) used by myDiscountDomains.com for inclusion in
databases produced and used by myDiscountDomains.com.
We agree that we will not process any Personal Data
collected from you, if any, in a way that is
incompatible with the purposes and other limitations set
forth in this Agreement.
Except for the ICANN required third-party bulk access,
myDiscountDomains.com does not sell or intend to sell
access to the information it collects and maintains
during the domain name registration process.
3. DOMAIN NAME DISPUTE POLICY
You agree to be bound by our Domain Name Dispute Policy (the
"Dispute Policy"), as amended from time to time, which is
hereby incorporated and made a part of this Agreement by
reference. The current Dispute Policy can be found at:
https://secure.onlineaccess.net/cart/registerdisputepolicy.php?ID=b5d33b61548b96801654158571dd65e5&IYD=&secID=.
3.1 Domain Name Dispute Policy
Modifications. You agree that we, in our sole
discretion, may modify our dispute policy. We will post
any modifications to our dispute policy on our Web site
at least thirty (30) calendar days before it becomes
effective. You agree to periodically review our Web site
to be aware of any such modifications. No employee,
contractor, agent or representative of
myDiscountDomains.com is authorized to alter or amend
the terms and conditions of this Agreement.
Your continued use of
myDiscountDomains.com as your domain name registrar or
the use of any of myDiscountDomains.com's other domain
name services after the modifications to the Dispute
Policy becomes effective, shall constitute your
acceptance of those modifications. If you do not agree
to such modifications, you may terminate this Agreement
by written request and your domain name will be
cancelled or you may transfer your domain name to
another registrar. No refunds, in whole or in part, will
be provided for domain names that are cancelled or
transferred to another registrar.
3.2 Domain Name Disputes. You agree
that, if your use of our domain name registration
services is challenged by a third party, you will be
subject to the provisions specified in our dispute
policy in effect at the time of the dispute. You agree
that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless
pursuant to the terms and conditions set forth below in
this Agreement.
If we are notified that a complaint has been filed with
a judicial or administrative body regarding your use of
our domain name registration services, you agree not to
make any changes to your domain name record without our
prior approval. We may not allow you to make changes to
such domain name record until (i) we are directed to do
so by the judicial or administrative body, or (ii) we
receive notification by you and the other party
contesting your registration and use of our domain name
registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to
litigation regarding your registration and use of our
domain name registration services, we may deposit
control of your domain name record into the registry of
the judicial body by supplying a party with a registrar
certificate from us. You agree that we will comply with
all court orders, domestic or international, directed
against you and/or the domain name registration.
4. AGENTS
You agree that, if you are registering, renewing,
transferring, or modifying a domain name for someone else,
you represent that you have the authority to nonetheless
bind that person as a principal to all terms and conditions
provided herein, including the Dispute Policy. You accept
liability for harm caused by wrongful registration, renewal,
transfer or modification of a domain name.
You agree that, if your agent (e.g., an Internet Service
Provider, employee, etc.) purchased our service(s) on your
behalf, you are nonetheless bound as a principal by all
terms and conditions herein, including the Dispute Policy.
Your continued use of our services shall ratify any
unauthorized actions of your agent. By using your login
name, account number or password, or otherwise purporting to
act on your behalf, your agent certifies that he or she is
authorized to apply for our services on your behalf, that he
or she is authorized to bind you to the terms and conditions
of this Agreement and that he or she has apprised you of the
terms and conditions of this Agreement, and that he or she
is otherwise authorized to act on your behalf. In addition,
you are responsible for any errors made by your agent.
5. LICENSE OF DOMAIN NAMES
You agree that if you license the use of our domain name
registration services to a third party, you remain
responsible for complying with all terms and conditions of
this Agreement, and you accept liability for harm caused by
such licensee's wrongful use of our domain name registration
services, unless you promptly disclose the identity of such
license upon request by any person who provides reasonable
evidence of actionable harm.
6. REGISTRAR TRANSFER
Registrant agrees that it can transfer one or more domain
name registration, in accordance with ICANN or registry
policy, from or to myDiscountDomains.com. Registrant also
acknowledges and agrees that express authorization from
someone with apparent authority to legally bind the domain
name holder is required before such a transfer can occur.
You can authorize the transfer of a registration to
myDiscountDomains.com by completing the Registrar Transfer
Application.
You agree that you shall not transfer your domain name
registration until sixty (60) days have elapsed from the
time of initial domain name registration or renewal. You
agree that the transfer of domain name registrations may be
refused if there is a dispute concerning the domain name or
the domain name holder's identity. You further agree that
you shall not transfer your domain name registration to
another registrar if there are ten (10) days or less
remaining on your registration term.
7. FREE OWNERSHIP CHANGE
You may transfer your domain name registration to a third
party of your choice. You agree that in the event you
request the transfer of your domain name ownership, you
shall relinquish the domain name registration being
transferred, release myDiscountDomains.com from all of its
obligations under this Agreement, and release
myDiscountDomains.com from any and all liabilities, demands,
and claims related to such a transfer of domain name
ownership. This can be accomplished through the Domain
Manager free of charge.
8. MANAGE YOUR DOMAIN NAME REGISTRATION INFORMATION
If you have registered a domain name with
myDiscountDomains.com or transferred a domain name to
myDiscountDomains.com, you may change any of the domain name
registration information at any time (Click
here to change domain name registration information).
You must use the Username and the Password that you selected
when you registered or transferred your domain name with us.
Please safeguard your Username and Password from any
unauthorized use. You must immediately notify us of any
unauthorized use of your Username or Password and you are
responsible for any unauthorized activities, charges and/or
liabilities made on or through your Username or Password. In
no event will myDiscountDomains.com be liable for the
unauthorized use or misuse of your Username or Password.
9. NO GUARANTY OF REGISTRATION, RENEWAL, OR IMMUNITY FROM
OBJECTION
You acknowledge and agree that myDiscountDomains.com cannot
guarantee that you will be able to register or renew a
desired domain name because our ability to provide services
to you depends in part upon the provision of services by
third parties, such as a registry. We cannot control and
will not be responsible for the actions or inactions of such
third parties. For example, a registry may reserve the right
to deny, cancel or transfer any domain name registration
under certain circumstances or there may be inaccuracies or
errors in the various WHOIS databases. You acknowledge and
agree that we shall not be liable to you or any other party
in connection with claims, damages, losses, expenses or
costs incurred or suffered by you as a result of actions
taken or not taken by third parties.
You agree that, by registration of your chosen domain name,
such registration does not confer immunity from objection to
either the registration or use of your domain name.
10. OWNERSHIP OF INFORMATION
You acknowledge and agree that myDiscountDomains.com owns
all database, compilation, collective and similar rights,
title and interests worldwide in our domain name and other
proprietary information databases, and all information and
derivative works generated from those databases.
11. REPRESENTATIONS and WARRANTIES
You represent and warranty to us that (i) the statements
that you made in connection with the registration, renewal,
management, or transfer of a domain name are complete and
accurate, and that any future changes to this information
will be provided to us in a timely manner; (ii) to the best
of your knowledge and belief, neither the registration of
the domain name for which you have applied for, renewed,
managed, or transferred nor the manner in which you intend
to use the domain name you applied for, renewed, managed, or
transferred, directly or indirectly infringes upon or
otherwise violate the legal or equitable rights of any third
party; (iii) it is your responsibility to determine whether
your domain name registration infringes or violates someone
else's rights; (iv) you are not registering, renewing,
managing, or transferring the domain name for an unlawful
purpose and you will not knowingly use the domain name in
violation of any applicable laws or regulations; (v) you are
of legal age to enter into this Agreement; (vi) you agree to
comply with all applicable laws and regulations and (vii)
you agree that your use of our service(s) is solely at your
own risk and that all of our services are provided on an "as
is," and "as available" basis;
12. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive
remedy, with respect to any myDiscountDomains.com services
provided under this Agreement and/or for any breach of this
Agreement is solely limited to the amount you paid for such
service(s). YOU FURTHER AGREE THAT, REGARDLESS OF
CIRCUMSTANCES, myDiscountDomains.com SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, 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
myDiscountDomains.com HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY
OF myDiscountDomains.com'S SERVICES OR FOR THE COST OF
PROCURING SUBSTITUTE SERVICES. If a jurisdiction does not
allow the exclusion or limitation of liability for
consequential or incidental damages, then
myDiscountDomains.com's liability for consequential or
incidental damages in such jurisdiction is excluded or
limited to the extent permitted by law.
We disclaim any and all loss or liability to you, or any
other person or entity, resulting from, but not limited to:
(a) Suspension, loss, or modification of your domain name
registration; (b) Use of your domain name registration; (c)
Interruption of your business; (d) Access delays or access
interruptions to any web sites accessed by your registered
domain name; (e) Non-delivery, mis-delivery, corruption,
destruction or other modification of data; (f) Processing
your domain name application or other service application;
(g) Application of our Dispute Policy or any other ICANN (or
similar governmental or successor organization) adopted
policies; (h) Any errors, omissions or other actions by the
registry administrator arising out of or related to your
domain name application, registration, renewal, transfer, or
failure to register, renew, or transfer a domain name; (i)
Unauthorized use or misuse of your Account Name or Password;
(j) Our processing of your application for our services, our
processing of any authorized modification to your domain
name record or your agents failure to pay any fees,
including the initial registration, renewal, or transfer
fee; (k) Deletion of or failure to store e-mail messages; or
(l) Acts of God and events beyond myDiscountDomains.com's
reasonable control;
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) IS SOLELY AT YOUR
OWN RISK. THE SERVICES WE PROVIDE TO YOU ARE ON AN "AS IS,"
AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH
THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NONINFRINGEMENT. . WE MAKE NO WARRANTY THAT OUR
SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE
SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF OUR SERVICE(S). FURTHER,
MYSDISCOUNTDOMAINS MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN
NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM
CHALLENGES TO YOUR DOMAIN NAME REGISTRATION OR USE, OR FROM
SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME
REGISTERED TO YOU. TO THE EXTENT JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
14. INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless
myDiscountDomains.com and the applicable registry
administrator and their directors, officers, employees,
agents, and affiliates from and against any and all claims,
loss, damages, liabilities, costs, and expenses (including
reasonable legal fees and expenses) arising out of any and
all third party claims, actions, suits, or demands that are
related to or arise out of (a) this Agreement or the breach
of your warranties, representations and obligations under
this Agreement; (b) the myDiscountDomains.com services or
your use of such services; (c) any intellectual property or
other proprietary right of any person or entity. This
indemnification is in addition to any indemnification
required under the Dispute Policy or any similar policy.
When we are threatened with suit or sued by a third party,
we may seek written assurances from you concerning your
promise to indemnify us; your failure to provide those
assurances may be considered by us to be a material breach
of this Agreement.
15. CHANGES TO THIS AGREEMENT
You acknowledge and agree that the domain name system and
the practice of registering and administering domain names
are evolving, and therefore you agree that
myDiscountDomains.com, in its sole discretion, may modify
this Agreement, from time to time, to comply with any
additional rules or policies that may be required under
myDiscountDomains.com's ICANN agreement, or to adjust to
changing business circumstances.
We will post any modifications to this Agreement on our Web
site at least thirty (30) calendar days before it becomes
effective, other than matters relating to domain security
issues which will be determined by mydiscountdomans.com. You
agree to periodically review our Web site to be aware of any
such modifications. Your continued use of myDiscountDomains.com
as your domain name registrar or the use of any of
myDiscountDomains.com's other domain name services after
modification(s) to this Agreement becomes effective, shall
constitute your acceptance of the modification(s). If you do
not agree to such a modification, you may request in writing
that your domain name be cancelled or transferred to another
registrar, other than for matters related to security issues. No refunds, in whole or in part, will be provided
for domain names that are cancelled or transferred to
another registrar.
No provision of this Agreement or our Dispute Policy, may be
amended or modified by you except by means of a written
document signed by us.
16. CANCELLATION, SUSPENSION, TRANSFER OR
MODIFICATION
You agree that we may cancel, suspend, transfer or modify
your domain name registration services in order to: (i)
correct mistakes made by us or the registry in registering
or transferring your chosen domain name; (ii) to resolve a
dispute under our Dispute Policy; (iii) to abide by any
ICANN or registry adopted policy; or (iv) prevent high
volume, automated, electronic, repetitive queries except as
reasonably necessary to register SLD names or modify
existing registrations. If your registration is cancelled as
a result of myDiscountDomains.com correcting a mistake made
by us in registering your chosen domain name, we will
refund, in whole, any fees paid by you to
myDiscountDomains.com.
You also agree that myDiscountDomains.com has the right to
suspend, cancel, transfer, or otherwise modify a domain name
registration pursuant to 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.
You agree that upon termination or discontinuance for any
reason, we may delete all information related to you on the
myDiscountDomains.com service, if applicable
17. BREACH AND REVOCATION
You agree that we reserve the right to cancel, suspend,
transfer or modify your domain name registration or other
services if you (i) materially breach this Registration
Agreement and do not cure such breach within 30 calendar
days of notice; (ii) provide false or misleading
information, or conceal or omit any information that we
would likely consider material to our decision to register
or renew your domain name; (iii) use your registered domain
name to send unsolicited commercial advertisements in
contravention of applicable laws; or (iv) you use your
domain name in connection with unlawful activity.
18. ASSIGNMENT
You shall not assign this Agreement, by operation of law or
otherwise, without our prior written consent. Any attempt by
your creditors to obtain an interest in your rights under
this Agreement, whether by attachment, levy, garnishment or
otherwise, renders this Agreement voidable at our option.
Subject to that restriction, this Agreement will be binding
on, inure to the benefit of, and be enforceable against the
parties and their respective successors and assigns.
19. .INFO REGISTRATIONS.
myDiscountDomains.com has entered into a
Registry-Registrar Agreement with Afilias Limited
("Registry"), a company organized under the laws of Ireland,
to provide Internet domain name registration services for
the .info Top-Level Domain ("TLD"). In addition to the terms
and conditions set forth in this Agreement, the following
terms and conditions shall apply to the .info domain names:
(i) you agree to submit to proceedings commenced under the
Sunrise Dispute Resolution Policy ("SDRP") (available at
http://www.afilias.info/register/dispute_resolution/sunrise_challenge_rules_revised),
as these may be modified from time to time; (ii) you
acknowledge 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, including, without limitation: (a) the
ability or inability of a registrant to obtain a registered
domain name during these periods, and (b) the results of any
dispute over a "Sunrise Registration"; (iii) your
application for a Sunrise Registration does not provide you
with any intellectual property protections or registrations.
20. .BIZ REGISTRATIONS
myDiscountDomains.com has entered into a
Registry-Registrar Agreement with Neulevel, Inc.
("Registry"), a company headquartered in Virginia, to
provide Internet domain name registration services for the
.biz Top-Level Domain ("TLD"). In addition to the terms and
conditions set forth in this Agreement, the following terms
and conditions shall apply to the .biz domain names:
20.1 Acceptable Usage. You represent and
warrant that: (i) the domain name will be used primarily
for bona fide business or commercial purposes and not
(a) exclusively for personal use or (b) 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
(ii) the domain name is reasonably related to your
business or intended commercial purpose at the time of
registration.
20.2 Acknowledgments Concerning Customer Information.
You also acknowledge and agree that
myDiscountDomains.com will share with the .biz registry
certain information submitted by you in your
application(s) for our services, as required by our
agreement(s) with the .biz registry or to provide the
services you have applied for. You acknowledge and agree
that any information we share with the .biz registry may
be used by them to fulfill the .biz registry's service
obligations to us or any third party. You hereby grant
us and the .biz registry a limited, royalty-free,
non-exclusive worldwide license to use all of the data
contained in a Trademark
20.3 Acknowledgment of Dispute Policies
and Rules. The registrant acknowledges having read and
understood 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:
(a)The Start-up Trademark Opposition
Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html;
(b) The Restrictions Dispute Resolution
Criteria and Rules, available at
http://www.neulevel.com/countdown/rdrp.html
21. MULTILINGUAL REGISTRATIONS
Notwithstanding anything contained herein to the contrary,
you acknowledge and agree as follows: A Multilingual Domain
Name ("MDN") and the underlying encoding schemes, protocols
and other technologies that enable MDNs to function on the
Internet, are currently experimental and have not
necessarily been approved by Internet standard-setting
bodies, including without limitation the Internet
Engineering Task Force, the Multilingual Internet Names
Consortium, and the Internet Architecture Board. We
currently are making MDN registration services available to
you as part of our participation in a test bed ("Test Bed").
The test bed is being conducted for the purpose of testing
proposed standards for deployment of MDN technology and to
provide operational experience with those proposed
standards.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE
ENCODING SCHEMES, PROTOCOLS AND OTHER MDN-ENABLING
TECHNOLOGIES, WHETHER PROVIDED BY US OR OTHERWISE, WILL BE
APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE
SUCCESSFULLY DEPLOYED. WE EXPRESSLY DISCLAIM ANY WARRANTY
THAT THE TEST BED WILL CONTINUE OR THAT OUR MDN REGISTRATION
SYSTEM WILL INTEROPERATE PROPERLY WITH THE CURRENT OR FUTURE
TEST BED OR THE MDN-ENABLING TECHNOLOGIES OF OTHERS.
REGISTRANTS WHO REGISTER A MDN DO SO AT THEIR OWN RISK AND
ACKNOWLEDGE AND AGREE THAT, UNLESS SPECIFICALLY EXCLUDED,
ALL PROVISIONS OF THIS AGREEMENT SHALL APPLY TO THE
REGISTRATION OF AN MDN.
You assume all risks inherent in the experimental nature of
this service and the technologies supporting it. The
encoding schemes, protocols and other MDN-enabling
technologies are not within our control and are subject to
change without notice. You assume all risks that such
changes may impair or prevent your ability to use the MDN
you have registered. You further understand and agree that
we may interrupt or deny MDN registration services to you,
temporarily or permanently, as a result of such changes. You
further assume all risks that the Internet addressing system
will not recognize an MDN you have registered or otherwise
will not enable such MDN to function as an Internet address.
We may, but shall not be obligated to, make any and all
modifications to an MDN registration, including without
limitation changing the MDN's ASCII-based translation, that
we deem necessary or appropriate for the purpose of bringing
an MDN registration into conformance with evolving technical
standards. Such modifications may be made without notice to
you. In the event we elect to make such modifications, you
agree to hold us harmless from any claims, liabilities or
demands arising from such modifications. Before registering
an MDN, we strongly recommend that you review and become
familiar with the "Multilingual Domain Name Position Paper,"
published. (Click
here to view).
You specifically acknowledge and agree that an MDN shall be
considered a domain name for purposes of the Dispute Policy
and the provisions relating thereto in this Agreement.
Notwithstanding anything to the contrary contained in the
Dispute Policy, you agree that during the Test Bed we may
terminate your registration of an MDN in our sole discretion
without notice to you if, within 45 days of your
registration, we receive a formal, written objection to the
registration by any legitimate authority, including without
limitation a trademark owner or governmental entity. Our
right of termination under this provision shall continue
until such time as: (1) It is publicly announced that the
Test Bed is complete; and (2) we determine in our sole
discretion that all of the encoding schemes, protocols and
other MDN-enabling technologies that are used to provide
your MDN registration services have been approved by
appropriate standard-setting bodies.
All rights reserved.