|
Legal Notices
>>
.tv Registration Agreement
Registrant
agrees to the terms and conditions of this Registration Agreement.
TV REGISTRATION
AGREEMENT
-
AGREEMENT.
In this Registration Agreement ("Agreement") "you" and "your" refer
to the registrant of each domain name registration,
"we", “us" and "our" refer to #1 DOMAIN NAMES INTERNATIONAL and
“Services” refers to the .tv domain name registration provided by us
as offered through ArrowUp.com (“RSP”).
This Agreement explains our obligations to you, and explains your obligations
to us for various Services.
-
SELECTION OF A DOMAIN NAME. You represent that, to the best
of the your knowledge and belief, neither this registration of a domain name
nor the manner in which it is directly or indirectly to be used infringes
upon the legal rights of a third party and, further, that the domain name
is not being registered for nor shall it at any time whatsoever be used for
any unlawful purpose whatsoever.
-
FEES. As
consideration for the Services you have selected, you agree to pay RSP the
applicable service(s) fees. All fees payable hereunder are non-refundable.
As further consideration for the Services, you agree to: (1) provide certain
current, complete and accurate information about you as required by the registration
process and (2) maintain and update this information as needed to keep it
current, complete and accurate. All such information shall be referred to
as account information ("Account Information"). By submitting this Agreement,
you represent that the statements in your Application are true, complete and
accurate. Failure to maintain
accurate information will be considered a material breach of this Agreement
and will entitle us to delete your domain name registration.
If a charge
back by a credit card company (or similar action by another payment provider
allowed by #1 Domain Names International) 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 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.
-
TERM. This Agreement
shall remain in full force during the length of the term of your domain name
registration(s) as selected, recorded, and paid for upon registration of the
domain name. Should you choose to renew or otherwise lengthen the term of
your domain name registration, then the term of this Registration Agreement
shall be extended accordingly. Should the domain name be transferred to another
Registrar, the terms and conditions of this contract shall cease.
-
MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise
the terms and conditions of this Agreement; and (2) change the services provided
under this Agreement. You agree to be bound by any such revision or change
will which shall be effective immediately upon posting on our web site or
upon notification to you by e-mail or your country’s postal service pursuant
to the Notices section of this Agreement. You agree to review this Agreement
as posted on our web site periodically to maintain an awareness of any and
all 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 or postal service pursuant
to the Notices section of this Agreement. Notice of your termination shall
be effective after processing
by us. You agree that, by continuing the use of Services following notice
of any revision to this Agreement or change in service(s), you shall
be bound by any such revisions and changes. You further agree to be
bound by the ICANN Uniform Dispute Resolution Policy (“Dispute Policy”) as
presently written and posted on
http://www.1dni.com/legal/dispute-policy.htm
and as shall be amended from time to time.
You acknowledge that if you do not agree to any such modifications,
you may request that your domain name be deleted from the domain name database.
-
MODIFICATIONS TO YOUR ACCOUNT.
In order to change any of your account information with us, you must
use your Account Identifier and Password that you selected when you opened
your account with us. You agree
to safeguard your Account Identifier and Password from any unauthorized use.
In no event shall we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
-
DOMAIN NAME DISPUTE POLICY. If
you reserved or registered a domain name through us, or transferred a domain
name to us from another Registrar, you agree to be bound by the Dispute Policy
that is incorporated herein and made a part of this Agreement by reference.
The current version of the Dispute Policy may be found at
http://www.1dni.com/legal/dispute-policy.htm.
Please take the time to familiarize yourself with this policy.
-
DOMAIN NAME DISPUTES. You
agree that, if the registration or reservation of your domain name is challenged
by a third party, you will be subject to the provisions specified in the Dispute
Policy. 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 contained in the Dispute Policy.
-
POLICY. You agree that your registration of the .tv domain name
shall be subject to suspension, cancellation, or transfer pursuant to any
ICANN or government adopted policy, or pursuant to any Registrar or registry
procedure not inconsistent with an ICANN or government-adopted policy, (1)
to correct mistakes by us or the applicable Registry in registering the name
or (2) for the resolution of disputes concerning the domain name.
You acknowledge that you have reviewed the .tv General Terms of Service
which may be found at:
http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
-
AGENCY. Should
you intend to license use of a domain name to a third party you shall nonetheless
be the domain name holder of record and are therefore responsible for providing
your own full contact information and for providing and updating accurate
technical and administrative contact information adequate to facilitate timely
resolution of any problems that arise in connection with the domain name.
You shall accept liability for harm caused by wrongful use of the domain name.
You represent that you have provided notice of the terms and conditions in
this Agreement to a third party licensee and that the third party agrees to
the terms hereof.
-
ANNOUNCEMENTS.
We reserve the right to distribute information to you that is pertinent to
the quality or operation of our services and those of our service partners.
These announcements will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other information to
add security or to enhance your identity on the Internet.
-
LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this Agreement and any breach of
this Agreement is solely limited to the amount you paid for such Service(s).
Neither we, nor our contractors or third party beneficiaries shall
be liable for any direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or for the
cost of procurement of substitute services. Because some jurisdictions do
not allow the exclusion or limitation of liability for consequential or incidental
damages, in such jurisdictions, our liability is limited to the extent permitted
by law. We disclaim any and all loss or liability resulting from, but not
limited to: (1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data mis-delivery;
(3) loss or liability resulting from acts of God; (4) loss or liability resulting
from the unauthorized use or misuse of your account identifier or password;
(5) loss or liability resulting from errors, omissions, or misstatements in
any and all information or services(s) provided under this Agreement; (6)
loss or liability resulting from the interruption of your Service. You agree
that we will not be liable for any loss of registration and use of your domain
name, or for interruption of business, or any indirect, 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 we have been advised of the possibility of such damages. In no event
shall our maximum liability exceed five hundred ($500.00) dollars.
-
INDEMNITY. You agree to release, indemnify, and hold us, our
contractors, agents, employees, officers, directors, affiliates and third party
beneficiaries harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising under this Agreement,
the Services provided hereunder or your use of the Services, including without
limitation infringement by you, or someone else using the Service of any intellectual
property or other proprietary right of any person or entity, or from the violation
of any of our operating rules or policy relating to the Service(s) provided.
You also agree to release, indemnify and hold us harmless pursuant to the
terms and conditions contained in the Dispute Policy. When we are threatened
with suit by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances shall
be a breach of your Agreement and may result in deactivation of your domain
name. This
indemnification survives the termination or expiration of the Registrant
Agreement.
-
TRANSFER OF
OWNERSHIP.
The person named as administrative contact at the time the user name
and password are secured shall be the owner of the domain name. You agree
that prior to transferring ownership of your domain name to another person
(the Transferee") you shall require the Transferee to agree
in writing to be bound by all the terms and conditions of this Agreement.
Your domain name will not be transferred until we receive such written assurances
or other reasonable assurance that the Transferee has been bound by the contractual
terms of this Agreement (such reasonable assurance as determined by us in
our sole discretion). If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to the terms and conditions
in this Agreement, any such transfer will be null and void.
-
BREACH. You agree
that failure to abide by any provision of this Agreement, any operating rule
or policy or the Dispute Policy provided by us, may be considered by us to
be a material breach and that we may provide a written notice, describing
the breach, to you. If within thirty (30) calendar days of the date of such
notice, you fail to provide evidence, which is reasonably satisfactory to
us, that you have not breached your obligations under the Agreement, then
we may delete the registration or reservation of your domain name. Any such
breach by you shall not be deemed to be excused simply because we did not
act earlier in response to that, or any other breach by you.
-
NO GUARANTY. You
acknowledge that registration or reservation of your chosen domain name, does
not confer immunity from objection to either the registration, reservation,
or use of the domain name.
-
DISCLAIMER OF WARRANTIES.
You agree that your use of our Services is solely at your own risk.
You agree that such Service(s) is provided on an "as is," "as available" basis.
We expressly disclaim all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability, fitness
for a particular purpose and non-infringement. We make no warranty that the
Services 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 the Service(s) or as to the accuracy
or reliability of any information obtained through the Service or that defects
in the Service will be corrected. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of Service is
done at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from the
download of such material and/or data. We make no warranty regarding any goods
or services purchased or obtained through the Service or any transactions
entered into through the Service. No advice or information, whether oral or
written, obtained by you from us or through the Service shall create any warranty
not expressly made herein.
-
INFORMATION.
As part of the registration process, you are required to provide us
certain information and to update us promptly as such information changes
such that our records are current, complete and accurate. You are obliged
to provide us the following information:
-
Your
name and postal address (or, if different, that of the domain name
holder);
-
The domain name being registered;
-
The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the administrative contact for the
domain name;
-
The name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the billing contact for the domain
name.
Any other information, which we request from you at
registration, is voluntary. Any voluntary information we request is
collected for the purpose of improving the products and services offered
to you through your RSP
-
DISCLOSURE AND
USE OF REGISTRATION
INFORMATION. You agree and acknowledge that we will make domain name registration
information you provide available to ICANN, to the registry administrators,
and to other third
parties as applicable. You further agree and acknowledge that we may 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 our WHOIS service) or other purposes as required
or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures
and 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 information by us.
You may access your domain name registration information
in our possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by us through
your RSP.
We will not process data about any identified
or identifiable natural person that we obtain from you in a way incompatible
with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect
the information we obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
-
REVOCATION. Your
willful provision of inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or your failure to respond
for over fifteen (15) calendar days to inquiries by us concerning the accuracy
of contact details associated with the your registration shall constitute
a material breach of this Agreement and be a basis for cancellation of the
domain name registration.
-
RIGHT OF REFUSAL.
We, in our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other Services. In
the event we do not register or reserve your domain name or register you
for other Services, or we delete your domain name or other Services within
such thirty (30) calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss or damages
that may result from our refusal to register, reserve, or delete your
domain name or register you for other Services.
We reserve the right to delete or transfer your domain name within a
thirty (30) day period following registration if we believe the
registration has been made possible by a mistake, made either by us or by
a third party.
-
SEVERABILITY. You
agree that the terms of this Agreement are severable. If any term or provision
is declared invalid or unenforceable, that term or provision will be construed
consistent with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will remain
in full force and effect.
-
NON-AGENCY. Nothing
contained in this Agreement or the Dispute Policy shall be construed as creating
any agency, partnership, or other form of joint enterprise between the parties.
-
NON-WAIVER. Our
failure to require performance by you of any provision hereof shall not affect
the full right to require such performance at any time thereafter; nor shall
the waiver by us of a breach of any provision hereof be taken or held to be
a waiver of the provision itself.
-
NOTICES. Any notice,
direction or other communication given under this Agreement shall be in writing
and given by sending it via e-mail or via postal service. In the case of e-mail,
valid notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender. In the case of e-mail,
notifications must be sent to us at
support@1dni.com
or in the case of notification to you, to the e-mail address provided by you
in your WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such date
is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise
it will be deemed to have been delivered on the next business day. In the
case of regular mail notice, valid notice shall be deemed to have been validly
and effectively given 5 business days after the date of mailing and, in the
case of notification to us or to RSP shall be sent to:
OUR ADDRESS:
#1 DOMAIN NAMES INTERNATIONAL
Inc.
1043 Stafford Drive
Princeton, WV 24740
and in the case of notification to you shall be to the
address specified in the “Administrative Contact” in your WHOIS record.
-
ENTIRETY. You agree
that this Agreement, the rules and policies published by us and the Dispute
Policy are the complete and exclusive agreement between you and us regarding
our Services. This Agreement and the Dispute Policy supersede all prior agreements
and understandings, whether established by custom, practice, policy or precedent.
-
GOVERNING LAW.
THIS Agreement shall be governed by
and interpreted and enforced in accordance with the LAWS OF West virginia
and the FEDERAL LAWS OF the united states applicable therein without reference
to rules governing choice of laws. Any action relating to this Agreement must
be brought in west virginia and
you irrevocably consent to the jurisdiction of such courts.
-
INFANCY. You attest
that you are of legal age to enter into this Agreement.
Acceptance of Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY
OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
|
