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Legal Notices
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.info Registration Agreement
Registrant
agrees to the terms and conditions of this Registration Agreement.
.Info Registration Agreement
This Registration
Agreement states in detail the regulations and conditions of your use of
#1 Domain Names International, Inc.’s domain name registration services
to register an Internet domain name, along with the registration of that domain
name. The Agreement in progress will become effective when confirmed by
#1 Domain Names International, Inc. In the process of the election to
acquire or reject your domain registry name, #1 Domain Names International,
Inc. can dismiss your registration due to, but not limited to, a request
or a registration of a restricted domain name. In order to complete the Registration
progress, you must first read and understand this Agreement. You (the user)
agree to be bound by the accompanying
Dispute Policy, as modified
from time to time and to all abiding regulations and policies (including modifications
that are published from time to time) set forth or required by law.
1. WHAT #1 DOMAIN NAMES INTERNATIONAL, INC.
DOES
#1 Domain
Names International, Inc. is an
accredited registrar with the Internet Corporation for Assigned Names and
Numbers ("ICANN") for the .biz, .com, .info, .net, and .org top level domains
(TLD's). ICANN oversees the .com, .net, and .org TLD’s. Upon accepting your
domain name registration application, your sponsor for that application is
#1 Domain Names International, Inc., an accredited domain names registrar.
All domain names that we register for .info are not effective until we have
delivered the domain name registration information you provide us to the registry
administrator for the .info TLD, as applicable, and the registry administrator
puts into effect your domain name registration. Afilias LTD. is currently
the registry administrator for the .info TLD.
You agree
and acknowledge that #1 Domain Names International, Inc. is not and
shall not be deemed liable or responsible in any way for any errors, omissions
or any other actions by the registry administrator arising out of or related
to your application and receipt of, or failure to receive, a domain name registration.
You further
agree to make restitution, defend and hold harmless the registry administrator
(currently Afilias, LTD.) and #1 Domain Names International, Inc. in
addition to it’s directors, officers, employees, and agents from and against
any and all claims, damages, liabilities, costs, and expenses (including reasonable
fees and expenses) arising out of, or related to, your domain name registration.
2. FEES
You must
agree to pay $19.95
(or the established price listed under our wholesale program) per year for
each domain or provide an assurance of payment in order for your requested
domain name to go into effect. All fees paid, either in full or in part,
are non-refundable, even if your domain name registration is canceled,
dismissed, suspended, or transferred before the end of your then current registration
term. Your requested domain name will not and cannot be registered by #1
Domain Names International, Inc. until the full amount of registration
has been received or unless a reasonable assurance of payment also agreed
upon by #1 Domain Names International, Inc. and you (the user) has
been met.
You will
be notified when renewal fees are due by notice to your billing contract listed
days prior to the date that the renewal fees are due. If the fees go unpaid,
your domain name will and can be canceled. Payments must be made by credit
card. We shall renew your domain name if your credit card or another source
of billing is provided by you (the user) and is accepted by #1 Domain Names
International, Inc. If your billing information is not exact and correct
and you want to renew your domain name, we will contact you respectively to
update this information and a US$75.00 charge will apply for this procedure.
If a charge
back by a credit card company (or similar action by another payment provider
allowed by #1 Domain Names International, Inc.) is to occur in connection
with the registration fee for your domain name request, you must acknowledge
and agree that the domain registration shall be transferred to #1 Domain
Names International, Inc. as the paying entity for that registration to
the registry. We will reinstate your domain registration only at our discretion
and you (the user) are liable for the initial reinstatement fee, which at
the present time is set at US$100.00.
3. DISPUTE POLICY
You (the
user) agree to be bound by #1 Domain Names International, Inc.’s Dispute
Policy, which is made part of this agreement by reference and incorporated
herein. Certain disputes are specified in the
Dispute Policy, and are
subject to the policy. You agree that you will be subject to the outlines
specifically named in the
Dispute Policy in effect at the present time that a third party disputes
your domain name registration. You must agree that #1 Domain Names International,
Inc. cannot be held liable or harmful if a dispute arises with any and
all third parties as stated in the
Dispute Policy.
4. CHANGES TO THE DISPUTE POLICY AND
THE REGISTRATION AGREEMENT
You understand
that the procedure of registering domain names is expanding and progressing
and may be changed and/or modified at any time at the discretion of #1
Domain Names International, Inc., ICANN, or Afilias Ltd. It may also be
changed to meet the standards set forth by ICANN and any other Agreements
set forth by #1 Domain Names International, Inc. that are currently
bound by or may in the future be bound by. Also changes shall be made to comply
with business circumstances. If you continue to use the domain name registered,
this will constitute to your acceptance of this Agreement and
Dispute Policy's modifications.
If there are any changes you disagree with, your domain name may be transferred
to another registry or canceled. You may decide to cancel your domain name
or request to be transferred to another registry service provider due to a
disagreement with changes to the Agreement or the
Dispute Policy set forth
as your exclusive remedy.
5. DOMAIN NAME REGISTRATION INFORMATION
AND IT’S USES
I.
Information that is required by
#1 Domain Names International, Inc.:
Certain information is required as part of
the registration procedure and any changes or modifications must be made promptly
to keep registration records current and accurate. The information that is
required is as follows:
a.
Your full name and postal address (or
if different, that of the domain name holder);
b. The complete domain name that is to
be registered;
c. The full name, postal address, e-mail
address, voice telephone number, and the fax number (where available) of the
administrative contact for the domain name;
d. The full names, postal address, e-mail
address, voice telephone, technical contact, server information, and where
available, fax number of the billing contact for the domain name.
Any and
all other information requested by #1 Domain Names International, Inc.
is all voluntary by you (the user). By not providing any and all requested
information, you then may be unable to obtain services and products that are
available to you (the user) as the domain name holder, other than registration
of the domain name.
You agree
that if and when you renew your domain name registration, any and all information
you are required to provide may have then changed.
I.
All information maintained concerning
your registration: The information
you (the user) provide to us (#1 Domain Names International, Inc.)
is kept as records in relation to your domain name registration. The records
could possibly include the following:
a.
Records of your domain name registration
account, with dates and amounts of refunds and/or payments made to #1 Domain
Names International, Inc.
b.
The original date of creation of the
registration
c. Any communication or summary thereof
between you (the user) and the provider (#1 Domain Names International,
Inc.) whether it be by voice, paper, or electronic mail
d. The IP addresses of both the primary
and secondary name servers for the domain name
e. Corresponding names of name server
f. Any information between you (the user)
and us (#1 Domain Names International, Inc.) concerning your domain
name and any related services
g.
The date registration will expire unless
renewed in accordance with the procedures set forth herein
h. The submission date and time of the
registration application to #1 Domain Names International, Inc. and also by
#1 Domain Names International, Inc., to the proper registry
i. The name, mailing address, e-mail address,
voice telephone number, and where available, fax number of the technical contact
for the domain name
j. The
name, mailing address, e-mail address, voice telephone number, and where
available, fax number of the zone contact for the domain name
I. Requirements relating to provided
data: If at any time during registration,
you (the user) provide information about a third party, you hereby represent
that you (the user) have provided the third party with a notice of disclosure
and permission to use of the party’s information. You also must obtain the
third party’s consent to this disclosure and use of the third party’s information.
You acknowledge
that if you willingly provide inaccurate information or you fail to update
required information promptly, this constitutes a material breach to this
agreement. This action will also be grounds for cancellation of your domain
registration. You agree that failure to respond within fifteen (15)
calendar days to questions or inquires by #1 Domain Names International,
Inc. concerning the accuracy of contact details associated with your registration
shall constitute a material breach of this Agreement and will be sufficient
grounds for cancellation of your domain registration.
II.
Disclosure and use of registration
information: You agree and acknowledge
that #1 Domain Names International, Inc. will make available the domain
name registration information you (the user) provide or that we (#1 Domain
Names International, Inc.) otherwise maintain to ICANN, to the registry
administrator(s), and to any third parties as ICANN and applicable laws, rules
and regulations may require or permit.
In addition,
you acknowledge that ICANN may establish guidelines, limits and/or requirements
that may be in relation to the amount and type of information that #1Domain
Names International, Inc. may or must make available to the public or
to non-public entities, and the manner in which such information is made available.
You also agree to the terms that #1 Domain Names International, Inc.
may provide detailed information to any third party regarding the third party’s
vendor. Any information provided to a third party is for the use of inspection,
such as through our WHOIS service or if marketing and other purposes as required
or permitted by ICANN and applicable laws.
You hereby
consent with any and all disclosures, use of, guidelines, limits and restrictions
on disclosure or use of, information provided by you (the user) involving
the registration of a domain name. This will also include any changes and
modified information given by you (the user) whether it be during or after
the term of your registration of the domain name. You hereby waive any and
all claims arising from such disclosure or use of your domain name registration
information by #1 Domain Names International, Inc.
You may
gain access to your domain name registration information in #1 Domain Names
International, Inc. possession to modify, update, or review such information,
by access to our manager domain service, or similar service. This information
is available at our Web site (http://www.1dni.com).
#1 Domain
Names International, Inc. will
take cautious measures to protect the information it obtains from you (the
user), from misuse, access that is not authorized by #1 Domain Names International,
Inc. or disclosure, destruction, or alteration to your domain name registration.
We can
not and will not process any information given to #1 Domain Names International,
Inc. that is or is not an identifiable natural person that is incompatible
with the purposes and liabilities which is described in the #1 Domain Names
International, Inc. Agreement.
6. NOTICE (S)
You agree
that all notices required to be given under this Agreement by #1 Domain
Names International, Inc. to you will be assumed to have been given if
addressed in accordance with the contact information you have provided and/or
modified effectively.
7. INDEMNIFICATION OF #1 DOMAIN NAMES INTERNATIONAL, INC.
You agree
to indemnify, defend and hold harmless #1 Domain Names International, Inc.,
its
subcontractors, officers, directors, shareholders, employees,
affiliates, and agents as it cannot
be held accountable for any damage, loss, costs, expenses, etc. This agreement
also includes any attorney fees that are the result of a third party claim,
action, and or demand related to the registration or use of the domain name
registered by you (the user) in your name. This is in conjunction with
the requirements under the
Dispute Policy. This
indemnification survives the termination or expiration of the Registrant
Agreement.
8. OWNERSHIP OF DATA
You (the
user) agree that #1 Domain Names International, Inc. owns all database,
compilation, collective, and similar rights, title, and interests worldwide
in our domain name database, including but not limited to all works and information
created by #1 Domain Names International, Inc. You agree that #1
Domain Names International, Inc. is the registrar and is in ownership
of the following:
a.
The creation and expiration dates of
registration
b. The name, mailing address, voice telephone,
facsimile number (where available), and e-mail address for the billing contact,
technical contact, zone contact, and administrative contact of the domain
name registration
c. Any remarks in regards to the registered
domain name that appears or may appear in the WHOIS or any similar databases
d. Any and all information we generate
or obtain in regards to the provision of domain name registration services,
other than the domain name being registered
e. IP addresses of the primary name server
and any and all secondary name servers for the domain name, and the corresponding
names of those name servers
#1 Domain
Names International, Inc. does
not have any ownership interest in your personal registration information
other that its rights in our domain name database.
9. GOVERNING LAW (S)
Other than
regulations stated in the
Dispute Policy and this Agreement, your rights, liabilities, and actions
set forth by this Agreement, are controlled by the laws of the United States
of America and the State of West Virginia (as if completely entered into and
completely performed in the state of West Virginia). Unless otherwise stated
in the Dispute Policy
with respect to disputes, any claim to enforce this Agreement or any matter
involved with your use of the #1 Domain Names International, Inc. site, will
be enforced in the United States District Court for West Virginia, or if there
is not a jurisdiction in such court, a state court in Monroe County, WV.
10. GUARANTEES AND REPRESENTATIONS
You represent
that to the best of your knowledge, the registration of the domain name by
you (the user) is in no way used directly, indirectly or in any manner violates
the legal rights of a third party. You further guarantee that all information
provided by you (the user) is true, accurate, and updated in regards to your
domain name registration.
YOU MUST ACCEPT #1 DOMAIN NAMES INTERNATIONAL, INC.
SERVICES AS PROVIDED TO YOU ON "AS IS" TERMS. OTHER THAN AS AN ICANN APPROVED
DOMAIN NAME REGISTRATION SERVICE, WE IN NO WAY SHAPE OR FORM MAKE ANY KIND
OF GUARANTEES OR REPRESENTATIONS OF ANY SORT, EXPRESS OR IMPLIED, IN REGARDS
WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES. THIS INCLUDES
BUT IS NOT LIMITED TO GUARANTEES OF MARKETABILITY OR FITNESS FOR A SPECIFIC
PURPOSE, UNLESS SUCH GUARANTEE OR REPRESENTATION AREN’T LEGALLY REJECTED.
CONSIDERING THAT THERE ARE NO LIMITATIONS TO THE FOREGOING, #1 DOMAIN NAMES INTERNATIONAL, INC.
NEITHER GUARANTEES NOR REPRESENTS OF ANY SORT WHATSOEVER THAT REGISTRATION
OR USE OF DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU FROM THE SUSPENSION,
CANCELLATION, TRANSFER, OR COMPETITION TO YOUR REGISTERED DOMAIN NAME.
11. LIMITS OF #1 DOMAIN NAMES INTERNATIONAL, INC.
LIABILITY
YOU MUST AGREE THAT WE ARE NOT AND CAN
NOT BE HELD LIABLE FOR THE FOLLOWING:
A.
ANY USE OF YOUR DOMAIN NAME REGISTRATION
B.
ACCESS DELAYS OR INTERRUPTIONS TO THE WEB SITE OR TO OUR SITE(S)
C.
ANY INTERRUPTIONS OF BUSINESS
D.
LOSS OR SUSPENSION OF YOUR DOMAIN NAME REGISTRATION
E.
ANY EVENTS THAT MAY OCCUR THAT ARE BEYOND #1 DOMAIN NAMES INTERNATIONAL, INC.’S
CONTROL
F.
APPLICATION OF THE DISPUTE POLICY
G.
PROCESSING OF THIS APPLICATION
H.
DATA THAT IS NOT DELIVERED, MIS-DELIVERED, CORRUPTION, DESTRUCTION,
OR ANY OTHER MODIFICATION.
#1 DOMAIN
NAMES INTERNATIONAL, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY SORT (INCLUDING ANY LOST PROFITS)
WITHOUT REGARDS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (ALSO INCLUDING
ANY NEGLECT), OR EVEN IN SITUATIONS WHERE
#1 DOMAIN NAMES INTERNATIONAL, INC. IS WARNED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO SITUATION SHALL #1 DOMAIN NAMES INTERNATIONAL, INC. BE
LIABLE FOR ANY AMOUNT MORE THAN WHAT HAS BEEN PAID BY YOU (THE USER) OF THE
DOMAIN NAME REGISTRATION, AND IN ANY EVENT NOT TO EXCEED FIVE HUNDRED DOLLARS
(US$500.00).
12.LICENSES AND AGENTS
You agree
that if you give authority to a third party to use your registered domain
name, you will still be the domain name holder of record, and are liable for
any and all obligations set forth under this Agreement, including but is not
limited to payment liabilities, and updating when necessary ALL information
such as technical, billing, etc. You agree to provide any and all information
that contributes to a fast resolution to any problems with the domain name
or domain name registration.
You acknowledge
and agree that, in a situation (if one arises) where you are registering a
domain name for someone else, you may be required to prove that you have the
authority to bind that person as a reliant to all regulations and conditions
provided herein and set forth in the
Dispute Policy.
13. CANCELLATION AND BREACH
#1 Domain
Names International, Inc. possesses
the right to cancel, transfer, modify, and/or suspend your domain name registration
in the following situations:
a.
you use your domain name in unlawful
activity of any sort
b. you breach this Agreement in any way,
shape, or form which includes the Dispute Policy that is set forth and do
not cure such a breach within an allowed limit of thirty (30) days
c. you use your domain name for any kind
of unsolicited commercial advertisements which violate applicable laws or
customary acceptable usage policies of the Internet
d. suspension, transfer, cancellation,
and/or modification as provided for in this Agreement, are also grounds for
suspension.
You (the
user) acknowledge and agree #1 Domain Names International, Inc. has
then right to cancel, suspend, transfer, or modify at it’s own discretion.
If any such cancellation, suspension, etc. occur, you (the user) will receive
a written seven (7) day notice or if #1 Domain Names International, Inc.
receives an order from a court within jurisdiction, or arbitration award that
requires suspension, cancellation, transfer, or modification of the domain
registration name.
You (the
user) agree and acknowledge that your domain name registration can and will
be cancelled, suspended, or transferred by the terms of the ICANN procedure
by any registrar (including #1 Domain Names International, Inc.) and or by
the registry administrator procedures approved by an ICANN-accepted policy,
or by any other ccTLDs registry administrator procedures as the case may be,
(X) to fix mistakes by #1 Domain Names International, Inc., another
registrar or the registry administrator in administering the name or (Y) for
the solving of disputes connected to the domain name.
14. COMPREHENSIVE
This Agreement
and Dispute Policy, injunction
with all modifications, state the exclusive and complete agreement between
you (the user) and #1 Domain Names International, Inc., it also replaces
and governs all previous proposals, agreements, or any other communications.
Nothing
included in this policy shall be defined as creating any agency, partnership,
or other form of joint enterprise between any of the parties. The negligence
of #1 Domain Names International, Inc. to request and require your
performance of any provision hereof shall not affect the full right to require
such performance at any time thereafter; nor should the wavier by #1 Domain
Names International, Inc. of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the situation that any
provision of this Policy should be invalid or unenforceable under any all-applicable
laws or be held by applicable court decision, such invalidity or unenforceability
or invalidation should not hinder this Policy to be unenforceable or invalid
as a whole. #1 Domain Names International, Inc. will restore such a
preparation with one that is of validation and is enforceable and also achieves,
to the fullest extent that is possible the original objectives and intent
of #1 Domain Names International, Inc. as is repeated in the
original provision.
15. Additional Requirements
for .info Registrations. In addition to the rest of this registration
agreement, we also require each Registered Name Holder to:
(i) consent to
the use, copying, distribution, publication, modification and other
processing of Registered Name Holder's Personal Data by #1 Domain Names
International, Inc, Registry Operator and its designees and agents in a
manner consistent with the purposes specified pursuant to Subsection 2.6
of the Registrar License and Agreement;
(ii) submit to
proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution
Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
(iii) immediately
correct and update the registration information for the Registered Name
during the registration term for the Registered Name;
(iv) acknowledge
that #1 Domain Names International, Inc and 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 or the Land Rush
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 over a Sunrise Registration.
THIS AGREEMENT CAN NOT BE AMENDED OR MODIFIED BY YOU (THE
USER).
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