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Domain Name Registration Agreement
RBD
Domain Name Registration Agreement

This RBD Domain Name Registration Agreement ("Agreement") is by and between RBD a Nova Scotia Company and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of RBD Domain Name Registration and represents the entire agreement between You and RBD . By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy and the ICANN Transfer Dispute Resolution Policy along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which Beachcomber Creations may establish from time to time.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with RBD , whether or not the transactions were in Your behalf. You acknowledge that RBD acceptance of any application made by You for services provided by RBD will take place at RBD offices located in Aylesfprd, Nova Scotia, Canada.

You acknowledge that RBD is a registrar bound by an agreement between RBD and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You agree that Beachcomber Creations may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the Internet ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by Beachcomber Creations .


1. fees

In consideration for the services and products ("service") purchased by You and provided to You by RBD , You agree to pay RBD at the time service is provided. Payment is to be made by You by providing either a valid credit card, Personal checks and money orders may only be used only to fund "Good As Gold" (GAG) accounts, must be for payments of $100 or more, and issued in Cdn dollars for the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. You understand that ICANN requires RBD to collect a small registration fee when you purchase your domain name registration. You agree to pay such fees. Payments are non-refundable. If for any reason RBD is unable to charge Your Payment Method for the full amount owed RBD for the service provided, or if RBD is charged a penalty for any fee it previously charged to your Payment Method, You agree that RBD may pursue all available remedies in order to obtain payment. You agree that among the remedies Beachcomber Creations may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names registered or renewed on Your behalf. RBD reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change your Payment Method at any time by contacting us in writing.

Domain Name Renewals

When You register a domain name we assume that the domain name be automatically renewed upon reaching the expiration date. RBD will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with RBD, at RBD then current rates. Thus, if you have chosen to register your domain name for one year, RBD will automatically renew it for one year. If you have chosen to register your domain name for two years, RBD will automatically renew it for two years, and so on. Domain name renewals will be non refundable. If for any reason RBD is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card. If You do not elect that the domain name be automatically renewed, You have the responsibility to let us know at the time of purchase for that domain name and manually implementing the renewal by the expiration date (should You in fact want the domain name to be renewed). In this case, if You fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that RBD will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges may apply. If You signed up for domain masking, domain forwarding, or any other similar service, with Your domain registration, these services may be automatically renewed when Your domain registration is up for renewal, and You may incur an additional renewal fee unless You cancel in advance.

If you fail to renew your domain name, you agree that RBD may, at its sole discretion, renew your expired domain name on your behalf. If RBD decides to renew your expired domain name on your behalf you will have a Renewal Grace Period during which you may reimburse RBD for the renewal and keep your domain name. The Renewal Grace Period is currently 12 days but subject to change under the terms of Section 2 of this Agreement. If you do not reimburse RBD for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you will have a 30 day redemption period during which you may pay RBD a Redemption fee and redeem your domain name. The Redemption fee is currently $100 Cdn and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption period RBD may, at its sole discretion, delete your domain name or transfer it to another registrant on your behalf.

If your domain is deleted, the Registry also provides a 30 day Redemption Grace Period during which you may pay RBD a redemption fee and redeem your domain name. The redemption fee is currently $100 Cdn and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the Registry’s Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.


2. term of agreement; modifications

The term of this agreement shall continue in full force and effect as long as You have any domain name registered through RBD. You agree that You will not transfer any domain name registered through RBD to another domain name registrar during the first sixty (60) days from its initial registration date. You further agree that RBD may charge You a small fee if You cancel Your domain within the five (5) day grace period after registering Your domain with RBD and Beachcomber Creations refunds the price of Your domain.RBD will not charge You a fee if RBD cancels Your domain name during this period because of fraud.

You agree that RBD may modify this agreement from time to time. RBD may also discontinue services it provides under this agreement. You agree to be bound by any changes RBD may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with RBD You will not receive a refund for any fees You may have paid to RBD .

You agree that RBD shall not be bound by any representations made by third parties who You may use to purchase services from RBD , and that any statements of a general nature, which may be posted on RBD web site or be contained in RBD 's promotional materials, will not bind RBD .


3. up to date information; use of information and expiration

You agree to notify RBD within five (5) business days when any of the information You provided as part of the application and/or registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide RBD with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by RBD to determine the validity of information provided by You, shall also be considered to be a material breach of this agreement. You agree to retain a copy for Your record of the receipt for purchase of Your domain name.

You agree that for each domain name registered by You, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, a technical contact, an administrative contact and a billing contact

You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. RBD and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, You represent and warrant that, if You are providing information about a third party, You have notified the third party of the disclosure and the purpose for the disclosure and You have obtained the third party's consent to such disclosure.

You agree that for each domain name registered by You the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

  • The domain name
  • Your name and postal address
  • The email address, postal address, voice and fax numbers for technical and administrative contacts
  • The Internet protocol numbers for the primary and secondary name servers
  • The corresponding names of the name servers
  • The original date of registration and expiration date

You agree that, to the extent permitted by ICANN, Beachcomber Creations may make use of the publicly available information You provided during the registration process. If You engage in the reselling of domain names You agree to provide any individuals whose personal information You've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.


4. dispute resolution policy

You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that RBD may from time to time modify its Dispute Resolution Policy. RBD will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining Your domain name registrations with Beachcomber Creations after the updated policy becomes effective that You agree to the Dispute Resolution policy as amended. You agree to review RBD's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with RBD as a result of the modified Dispute Resolution policy no fees will be refunded to You.

You agree that if a dispute arises as a result of one or more domain names You have registered using RBD, You will indemnify, defend and hold RBD harmless as provided for in this agreement. You also agree that if RBD is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using RBD, that RBD, in its sole discretion, may take whatever action RBD deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event You agree to hold RBD harmless for any action taken by RBD.


5. transfer of domain names; resale practices

If You transfer any domain name You agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement . You may request the latest version of our Domain Transfer Agreement online. In order to further protect Your domain, any domain registered with RBD or transferred to RBD shall be placed on lock status. The domain must be placed on unlock status in order to modify any of the Whois information including the name servers, or initiate a transfer of the domain name away from RBD to a new Registrar. You contact RBD at any time after Your domain name has been successfully transferred to RBD, and change the status to unlock.

You agree to inform any customer of Yours, who may be acquiring a domain name through You using RBD's registration services, that they are in fact registering their domain name through RBD and that Beachcomber Creations is the accredited registrar with ICANN. You agree not to represent that You are an ICANN accredited registrar or that You are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of Your promotional materials including Your web site.

You agree to obtain each of Your customers' acceptances of Beachcomber Creations 's then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should You require that Your customers accept additional terms and conditions that are not required by Beachcomber Creations , You agree that such additional terms and conditions shall not conflict with Beachcomber Creations 's Domain Registration Agreement and the policies and business procedures adopted by ICANN.

You agree that Beachcomber Creations is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to Beachcomber Creations 's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.

You agree to provide Your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information You will, within 5 business days, provide such information to Beachcomber Creations so Beachcomber Creations may update its registration records. You will retain copies of all communications between You and Your customers and will upon request provide Beachcomber Creations copies of same.


6. suspension of services; breach of agreement

You agree that, in addition to other events set forth in this agreement, (i) Your ability to use any of the services provided by RBD & Beachcomber Creations is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN, and (ii) Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any Beachcomber Creations procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Beachcomber Creations or the registry operator in registering any domain name or (2) for the resolution of disputes concerning any domain name.

You agree that Your failure to comply completely with the terms and conditions of this agreement and any RBD rule or policy may be considered by RBD & Beachcomber Creations to be a material breach of this agreement and that RBD may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide Beachcomber Creations with material evidence that You have not breached Your obligations to RBD within ten (10) business days, RBD may terminate its relationship with You and take any remedial action available to RBD under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the registration of any of Your domain names and discontinuing any services provided by RBD to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach.

RBD's failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach.


7. restriction of services; right of refusal

You agree not to use the services provided by RBD, or to allow or enable others, to use the services provided by RBD for the purposes of:

  • The transmission of unsolicited email (Spam).
  • Repetitive, high volume inquires into any of the services provided by Beachcomber Creations (i.e. domain name availability, etc.).
If You are hosting Your domain's domain name servers ("DNS") on RBD's servers, or are using our systems to forward a domain, URL, or otherwise to a system or site hosted elsewhere, or if You have your domain name registered with RBD, You are responsible for ensuring that there is no excessive overloading on RBD's DNS systems. You may not use RBD's servers and Your domain as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that RBD reserves the right to deactivate Your domain name from its DNS system if RBD deems it is the recipient of activities caused by your site that threaten the stability of its network.

You agree that RBD, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. RBD also may in its sole discretion and without liability to You delete the registration of any domain name during the first thirty (30) days after registration has taken place. RBD may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event RBD refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to RBD in connection with the registration either being canceled or refused. In the event RBD deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.


8. limitation of liability

You agree that RBD 's entire liability to you under this agreement, and your only remedy, in connection with any service provided by RBD , to you under this agreement, and for any breach of this agreement by RBD , shall be limited to the fees you paid to RBD for the particular service in contention. RBD and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of RBD 's services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, RBD 's liability shall be limited to the smallest amount permitted by law. RBD disclaims any loss or liability resulting from:

  1. access delays or interruptions to our web site or domain name registration system
  2. data non-delivery or mis-delivery between You and RBD
  3. events beyond our control (i.e. acts of God)
  4. the loss of registration or processing of a domain name or the use of a domain name
  5. the failure for whatever reason to renew a domain name registration
  6. the unauthorized use of Your account with RBD or any of services provided to You by RBD
  7. errors, omissions or misstatements
  8. deletion of, failure to store, or failure to process or act upon email messages
  9. processing of updated information to Your registration record
  10. development or interruption of Your web site
  11. errors taking place with regard to the processing of Your application
  12. application of Beachcomber Creations 's Dispute Resolution Policy
  13. any act or omission caused by You or Your agent (whether authorized by You or not)

9. indemnity
You agree to release, defend, indemnify and hold harmless RBD and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with RBD whether or not on Your behalf, and whether or not with Your permission) use of the services provided by RBD. Should RBD be notified of a pending law suit, or receive notice of the filing of a law suit, RBD may seek a written confirmation from You concerning Your obligation to indemnify RBD. Your failure to provide such a confirmation may be considered a breach of this agreement.

10. representation and warranties

You warrant that all information provided by You as part of the registration process is complete and accurate. You also warrant that each registration You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.

You agree that RBD makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of any domain name You register with Beachcomber Creations.

RBD expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Beachcomber Creations, as well as its affiliates, subsidiaries, officers, directors and employees. Beachcomber Creations also reserves the right to freeze a domain name during resolution of a dispute.


11. disclaimer of warranties
RBD expressly disclaims 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. RBD makes no warranty that its service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free, or that defects will be corrected. RBD does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

12. severability; entirety

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between You and RBD regarding the services contemplated herein.


13. venue; waiver of trial by jury

This agreement shall be deemed entered into in the Province of Nova Scotia. Except for all disputes concerning the use of a domain name registered with RBD, the laws and judicial decisions of Kings county, Nova Scotia, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. For the adjudication of disputes concerning or arising from the use of a domain name registered with RBD , You shall submit, without prejudice to other potential applicable jurisdictions, to the jurisdiction of the courts (1) of Your domicile and (2) where RBD is located. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Kings county, Nova Scotia..

You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.


14. notices
You agree that all notices (except for notices concerning breach of this agreement) from RBD to You may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address You have on file with RBD or mailed first class postage to the postal address You have on file with RBD. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to RBD shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
Domain Services C/ORBD, 918 Victoria Road, Aylesford, Nova Scotia, Canada, B0P 1C0. Delivery shall be deemed to have been made by You to RBD five (5) days after the date sent.

15. provisions specific to all registrations
You agree to be bound by the rules, policies, and agreements of each Registry from which You purchase a domain registration, which may include, but are not limited to, Top Level Domain Registries and Second Level Domain Registries.

16. provisions specific to .COM, .NET, AND .CC registrations

Indemnification

You agree to indemnify, defend and hold harmless the .COM, .NET, and .CC Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.


17. provisions specific to .ORG registrants

Indemnification

You agree to indemnify, defend and hold harmless the .ORG Registry Operator, Public Interest Registry, and its subcontractors, shareholders, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.


18. provisions specific to .INFO registrants

Indemnification

You agree to indemnify, defend and hold harmless the .INFO Registry Operator, Afilias Limited, and its subcontractors, shareholders, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.


19. provisions specific to .WS (WEBSITE) registrations

Indemnification

You agree to indemnify, defend and hold harmless the .WS Registry Operator, Global Domains International, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration policies for this ccTLD are available online and are incorporated herein.


20. additional requirements for .INFO registrants

If You are registering a .INFO domain name You also agree to:

  1. consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .info Registry Operator and its designees and agents;
  2. submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
  3. immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
  4. acknowledge that the 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.

21. additional requirements for .BIZ registrants
If You are registering a .BIZ domain name You also agree to:

.BIZ Restrictions

Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .BIZ Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

    1. To exchange goods, services, or property of any kind;
    2. In the ordinary course of trade or business; or
    3. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business. Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

.BIZ Certification

As a .BIZ domain name registrant, You hereby certify to the best of Your knowledge that:
    1. The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. More information on the .BIZ restrictions, which are incorporated herein by reference, are available online.
    2. The domain name registrant has the authority to enter into the registration agreement; and
    3. The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

Domain Name Dispute Policy

If You reserved or registered a .BIZ domain name through us, You agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize Yourself with that policy. In addition, You hereby acknowledge that You have read and understood and agree 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:

    1. The Uniform Domain Name Dispute Policy;
    2. The Start-up Trademark Opposition Policy ("STOP"); and
    3. The Restrictions Dispute Resolution Criteria and Rules.

The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

Domain Name Dispute Policy Modifications

You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of Your domain name after modifications to the dispute policy become effective, You have agreed to these modifications. You acknowledge that if You do not agree to any such modification, You may terminate this Agreement. We will not refund any fees paid by You if You terminate Your Agreement with us.

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.

Reservation of Rights

RBD and the .BIZ Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Beachcomber Creations and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Beachcomber Creations and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

Indemnification

You agree to indemnify, defend and hold harmless the .BIZ Registry Operator, NeuLevel, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.


22. provisions specific to .US registrations

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein. These policies may prohibit You from changing, transferring, or assigning the name You have submitted as Registrant.

The Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.

A. Registrants must be either:

  1. A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or;
  2. An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the district of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions (including a federal, state, or local government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States), or;
  3. A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or (ii) maintains an office or other property within the United States.

B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.

Registrant further certifies that RBD has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willingly volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.

Registrant understands and agrees that if such information cannot be verified, or if Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

Indemnification

You agree to indemnify and hold harmless the .US Registry Operator, NeuStar, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) .US domain name registration and (ii) use of any .US registered domain name.

.US Registration Restrictions

You understand and agree that when You register one of these domains, that You are prohibited from using any profanity in the domain name, pursuant to the .US policy available online . The definition of profanity can be found in the Supreme Court decision, FCC v. Pacifica Foundation, made famous by George Carlin.

Further, You acknowledge and agree that You are not permitted to purchase private or proxy .US registrations. You shall register for any and all .US registrations using Your personal information, which information You represent and warrant is current, accurate and complete.


23. provisions specific to .NAME registered items

Eligibility Requirements - Dispute Resolution

You represent and warrant that the name You are registering is Your legal, personal name, or that You own the intellectual property rights to that name. If at any time it is discovered that it is not Your legal personal name, or Your intellectual property, the .NAME Registry Operator, Global Name Registry (GNR) and Beachcomber Creations reserve the right to cancel Your registration without refund, or transfer it to another party. In addition to the above You agree to be bound by the provisions of the entire Eligibility Requirements Dispute Resolution Policy.

Consent - Defensive Registration

A Defensive Registration is a registration designed for the protection of trademarks and service marks and may be granted to prevent a third party from registering a variation of a trademark or the exact trademark. If the name You wish to register is subject to a Defensive Registration, You have three options: (i) You may register a variation of the name, (ii) You may challenge the Defensive Registration under the Eligibility Requirements Dispute Resolution Policy ("ERDRP"), or (iii) You may request Consent from the Defensive Registrant. You can request Consent by contacting the Defensive Registrant listed in the GNR Whois database and requesting consent to register the .name domain. If the Defensive Registrant grants consent, they must confirm in writing that they grant consent. If the Defensive Registrant does not grant consent, you may wish to challenge the Defensive Registration under the ERDRP. The policy is available online .

Acceptable Use Policy

You agree to be bound by GNR’s Acceptable Use Policy . Among other limitations, this policy prohibits You from using your .name Email to engage in Spamming activities. You will be limited to a maximum of 500 messages sent from Your .name at a time.

Waiver of Liability

You agree that GNR, RBD and Beachcomber Creations will have no liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, the ability or inability to obtain a domain name or email address registration using these processes; or (ii) any dispute over any domain name or email address registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

Indemnification

You agree to indemnify, defend and hold harmless GNR, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder's registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.


24. provisions specific to .EU registrations

.EU Registration Restrictions

You acknowledge and agree that You are not permitted to purchase private or proxy .EU registrations. You shall register for any and all .EU registrations using Your personal information, which information You represent and warrant is current, accurate and complete. Further, You acknowledge and agree that You are not permitted and shall not attempt to register any .EU registrations unless You have a physical presence in the European Union.

Compliance with Applicable Law

You agree to obey, comply with and be bound by any and all applicable laws, regulations and administrative policies promulgated by the European Registry of Internet Domain Names ("EURID").

Compliance with EURID Rules

You agree to obey, comply with and be bound by EURID rules and regulations and any and all updates, revisions and modifications thereto, which may be made by EURID from time to time, including, but not limited to, their dispute policies, which may be found here.

Jurisdiction

For the adjudication of disputes concerning or arising from use of the registered .EU domain name, You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile state, (2) the State of Arizona and (3) the United Kingdom.

Sunrise and General Pre-registration Applications

You acknowledge and agree that the submitting of a "Sunrise or General Pre-registration Application" does not ensure that a domain name shall be successfully awarded or registered. In the event that an application does not result in a successful registration, the registration fee shall be refunded. In the case of a "Sunrise Application" where an application fee was collected, a portion of that fee shall be refunded after the deduction of a handling fee, which You acknowledge and agree is subject to change based on fluxuations in the US Dollar and Euro exchange rates.


25. OTHER COUNTRY CODE TOP LEVEL DOMAINS
You represent and warrant that You meet the eligibility requirements of each country code top level domain ("ccTLD") You apply for. You further agree to be bound by any registry rules, policies, and agreements for that particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLD provider, limiting the liability of the ccTLD provider, and requirements that any disputes be resolved under that particular country's laws.


27. provisions specific to .BE registrations.
You understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry.


30. additional requirements FOR .UK ( .ORG.UK , .ME.UK, .CO.UK ) registrations
You understand and agree that when You register one of these domains, that the minimum term is two years.

31. provisions specific to .BE registrants
You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein.


33. .JP registration restrictions

You represent and warrant that You have a local presence in Japan with a home or office address. You agree that certain domains are reserved and can only be registered by certain parties. These include:

  1. TLDs, other than ccTLDs, as determined by ICANN;
  2. Geographical-type .JP domain names that are defined as metropolitan, prefectural, and municipal labels;
  3. Names of primary and secondary educational organizations
  4. Names of organizations related to Internet management;
  5. Names required for .JP domain name operations; and
  6. Character strings which may be confused with ASCII-converted Japanese domain names.
The complete list of .JP Reserved Domains is available online .

Additional Requirements for .JP Registrants

You agree to be bound by any registry rules, policies, and agreements for this ccTLD, which are incorporated herein. You must choose from the following list of Japanese Prefecture codes and submit this information with Your order. Prefecture codes are defined as follows:

01 HOKKAIDO
13 SAITAMA
25 OSKA
37 TOKUSHIMA

02 AOMORI
14 IBARAKI
26 WAKAYAMA
38 EHIME

03 IWATE
15 TOCHIGI
27 HYOGO
39 KOCHI

04 AKITA
16 GUNMA
28 TOYAMA
40 FUKUOKA

05 YAMAGATA
17 YAMANASHI
29 FUKUI
41 SAGA

06 MIYAGI
18 SHIZUOKA
30 ISHIKAWA
42 NAGASAKI

07 FUKUSHIMA
19 GIFO
31 OKAYAMA
43 KUMAMOTO

08 NIIGATA
20 AICHI
32 SHIMANE
44 OITA

09 NAGANO
21 MIE
33 YAMAGUCHI
45 MIYAZAKI

10 TOKYO
22 KYOTO
34 TOTTORI
46 KAGOSHIMA

11 KANAGAWA
23 SHIGA
35 HIROSHIMA
47 OKINAWA

12 CHIBA
24 NARA
36 KAGAWA




36. provisions specific to .UK registrants (.ORG.UK, .ME.UK, .CO.UK)

You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and the rules are available online , and are incorporated herein.

If you are registering a Second Level Domain under this ccTLD, You further agree to be bound by the Second Level Domain's rules, policies, and agreements, which are incorporated and made a part of this Agreement herein.


37. provisions specific to .CC registrants
You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein.

38. provisions specific to .TV registrants

You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein.

.TV Registration Restrictions

If You are registering a multi-lingual .TV domain name, You are aware of and agree that the domain name must be less than 16 characters in length. The FAQ on multi-lingual .TV domain names is available online .




41. ADDITIONAL REQUIREMENTS FOR .JOB REGISTRANTS

If You are registering a .JOB domain name You also:

  1. Agree to provide information regarding membership in a Human Resource Association, and the identity of any such association;
  2. Agree to provide the URL of Your existing company website;
  3. Acknowledge that you have read, understood and agree to be bound by the .Job's Registry-Registrant agreement as amended from time to time, located here;
  4. Warrant that you meet the eligibility requirements as provided by the Registry and as modified from time to time, and to abide by the JOBS Usage Policy and Terms and Conditions as amended from time to time and stated here;
  5. Agree to abide by the SHRM code of professional ethics as stated here;
  6. Agree to indemnify, defend and hold harmless the Registry Operator and its subcontractors, shareholders, directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to Your domain name registration. This indemnification obligation shall survive the termination or expiration of this Agreement; and
  7. Further acknowledge and agree that the Registry Operator is an intended third party beneficiary of this Agreement, with a right to enforce the terms and provisions contained herein.

Revised: 11/28/05
Copyright © 2000-2005 All Rights Reserved.