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Legal Notices
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.com/.net Registration Agreement
Registrant
agrees to the terms and conditions of this Registration Agreement.
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
registrant)
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 .com, .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
.com, and .net, are not effective until we have delivered the domain name
registration information you provide us to the registry administrator for
the .com, .net, or .org TLD’s, as applicable, and the registry administrator
puts into effect your domain name registration.
VeriSign, Inc. is
currently the registry administrator for the .com and .net TLD's
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 VeriSign, Inc.) 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
registrant) has
been met.
You will
be notified when renewal fees are due by notice to your billing contact listed
90,60,30 and 5 days prior to the date that the renewal fees are due. If the fees go unpaid,
your domain name will and can be cancelled within 10 days. Once the domain
name has entered the Redemption Grace Period (after the delete request
has been submitted to the registry, but before the domain is purged from
the registry database) a fee of $100.00 will be required to restore the
domain name. We shall renew your domain name if your credit card or another source
of billing is provided by you (the registrant) 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 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 registrant) are liable for the initial reinstatement fee, which at
the present time is set at US$100.00.
3. DISPUTE
POLICY
You
(the registrant) 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.
For the
adjudication of disputes concerning or arising from use of the
Registered Name, the Registered Name Holder shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registered Name Holder's domicile
and (2) where Registrar is located.
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 Verisign Global Registry.
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
-
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:
-
Your
full name and postal address (or if different, that of the domain name holder);
-
The complete
domain name that is to be registered;
-
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;
-
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 registrant). By not providing any and all requested
information, you then may be unable to obtain services and products that are
available to you (the registrant) 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.
-
All information maintained concerning your registration: The information you (the registrant) 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:
-
Records
of your domain name registration account, with dates and amounts of refunds
and/or payments made to #1 Domain Names International, Inc.
-
The original
date of creation of the registration
-
Any communication
or summary thereof between you (the registrant) and the provider (#1 Domain
Names International, Inc.) whether it be by voice, paper, or electronic
mail
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The IP
addresses of both the primary and secondary name servers for the domain
name
-
Corresponding
names of name server
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Any information
between you (the registrant) and us (#1 Domain Names International, Inc.)
concerning your domain name and any related services
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The date
registration will expire unless renewed in accordance with the procedures
set forth herein
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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
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The name,
mailing address, e-mail address, voice telephone number, and where available,
fax number of the technical contact for the domain name
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The name,
mailing address, e-mail address, voice telephone number, and where available,
fax number of the zone contact for the domain name
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Requirements relating to provided data: If at any time during registration, you (the registrant) provide
information about a third party, you hereby represent that you (the
registrant)
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.
-
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 registrant) 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 registrant) involving
the registration of a domain name. This will also include any changes and
modified information given by you (the registrant) 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
registrant), 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.
and VeriSign, 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 registrant) 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 registrant) 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:
-
The creation
and expiration dates of registration
-
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
-
Any remarks
in regards to the registered domain name that appears or may appear in the
WHOIS or any similar databases
-
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
-
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 registrant) 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 registrant) 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:
-
ANY
USE OF YOUR DOMAIN NAME REGISTRATION
-
ACCESS
DELAYS OR INTERRUPTIONS TO THE WEB SITE OR TO OUR SITE(S)
-
ANY
INTERRUPTIONS OF BUSINESS
-
LOSS
OR SUSPENSION OF YOUR DOMAIN NAME REGISTRATION
-
ANY EVENTS THAT MAY OCCUR THAT ARE BEYOND #1 DOMAIN NAMES INTERNATIONAL, INC.’S
CONTROL
-
APPLICATION
OF THE DISPUTE POLICY
-
PROCESSING
OF THIS APPLICATION
-
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 registrant) 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:
-
you use
your domain name in unlawful activity of any sort
-
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
-
you use
your domain name for any kind of unsolicited commercial advertisements which
violate applicable laws or customary acceptable usage policies of the Internet
-
suspension,
transfer, cancellation, and/or modification as provided for in this Agreement,
are also grounds for suspension.
You
(the registrant) 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 registrant) 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 registrant) 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 registrant) 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.
THIS
AGREEMENT CAN NOT BE AMENDED OR MODIFIED BY YOU (the registrant).
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