Domain Name Registration Agreement

Effective October 23rd, 2017

Domain Name Registration Agreement

 

 

1.         Formation and Modification of Contract

 

This Domain Name Registration Agreement, which includes Exhibit A Private Domain Name Registration Service Terms [Link] and Exhibit B Uniform Domain-Name Dispute-Resolution Policy [Link] is entered into by you (either personally or on behalf of another person or organization) and TierraNet Inc. ("TierraNet") as part of  the TierraNet Universal Terms of Service Agreement [Link] (collectively, this "Agreement").

 

This Agreement states all of the terms and conditions regarding your use of the TierraNet Domain Name Registration Services ("Domain Name Services") such as, but not limited to, domain name registration, renewal, and transfer services. 

 

Your electronic acceptance of this Agreement confirms that you have read, understand, acknowledge and agree to be bound by this Agreement.

 

            TierraNet may, in its sole and absolute discretion and from time to time, amend all or any part of this Agreement.  Amendments will become effective immediately upon posting to this website, but will not be applied retroactively.  Your use of the Domain Name Services after amendments have been posted to this website will constitute your acceptance of this Agreement as last amended.  Do not use (or continue to use) the Domain Name Services if you do not agree to be bound by this Agreement as last amended.

 

            TierraNet may occasionally elect to email you advance notice of pending amendments to this Agreement.  For this and other reasons, it is important you keep your email address and other account information accurate and up-to-date in the TierraNet Control Panel.

 

2.         TierraNet as an ICANN-Accredited Registrar

 

            TierraNet is an Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar.  You acknowledge and agree that as an ICANN-accredited registrar, TierraNet is bound by an agreement with ICANN.  TierraNet may modify this Agreement in order to comply with its agreement with ICANN, as well as any other terms and conditions set forth by ICANN and/or the registry applicable to the top level domain ("TLD") or country code top level domain ("ccTLD) in question.  As used herein the terms "registry", "Registry", "registry operator", or "Registry Operator" shall refer to the registry applicable to the TLD or ccTLD in question. 

 

            You agree to be bound by the rules, policies and agreements of each applicable Registry Operator.  You further agree to comply with the ICANN requirements, standards, policies, procedures and practices for which each applicable Registry Operator has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself, or any other arrangement with ICANN.  You further agree to comply with any operational standards, policies, procedures and practices for each applicable Registry Operator as established from time to time by the applicable Registry Operators in a non-arbitrary manner, which shall be effective 30 days after email notice or posting on this website.

 

 

3.         Your Rights and Responsibilities as a Registrant

 

Additional ICANN materials as well as your rights and responsibilities as a domain name registrant under the ICANN Registrar Accreditation Agreement can be found at:

http://www.icann.org/en/resources/registrars/registrant-rights.  

 

4.         Registration Information and Use

As part of the domain name registration process and in accordance with ICANN policies, you agree to submit the domain name you are registering and complete and accurate information to TierraNet, including the following (collectively, "Registration Information"):

1.     Your name and mailing address (or those of the person or organization to whom you are registering the name);

2.     Administrative, technical and billing contact information, including name, mailing address, email address, telephone number and, where available, fax number.

Your Registration Information will be shared with the Registry Operator for its use, copying, distribution, publication, modification and other processing purposes.  As required by ICANN, your information must also be made available to the public via the WHOIS database, unless you purchase the Private Domain Name Registration Service from TierraNet described in Exhibit A.  Your information will also be provided as applicable laws may require or permit.  

Both TierraNet and the Registry Operator may be required to archive your Registration Information with a third-party escrow service to keep the domain name operating in the event either party leaves the domain name registration business.

You may review, modify or update your Registration Information by accessing the TierraNet Control Panel.   You agree to update and modify your Registration Information within 7 days of any changes to the Registration Information you provided as part of the registration process.  It is solely your responsibility to keep this information current and accurate.   

 

In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within 7 days after any change occurs, you will be in material breach of this Agreement and TierraNet may, in its sole discretion, suspend or terminate your domain name registration.

 

You further agree that your failure to respond within 10 days to any inquiry by TierraNet concerning the accuracy of your Registration Information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of your domain name registration.

 

ICANN and the Registry Operators may establish or modify, at any time, guidelines, limits and/or requirements that relate to the amount and type of information that TierraNet may or must make available to the public or to private entities, and the manner in which such information is made available. You agree to any and all such disclosures and use of information (including any corresponding guidelines, limits and restrictions on disclosure, or use thereof) 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 consent to, and give permission for, all of the foregoing requirements and disclosures.

5.         Additional Registration Information

In addition to the Registration Information and in accordance with ICANN policies, TierraNet may be required to submit to ICANN all or part of the following (collectively, "Additional Registration Information"):

1.     The original creation date of your domain name registration;

2.     The submission date and time of your registration to TierraNet and by TierraNet to the Registry Operator (as defined below);

3.     Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and TierraNet;

4.     Account records for your domain name registration, including dates and amounts of all payments and refunds;

5.     The IP addresses of the primary nameserver and any secondary nameservers for your domain name;

6.     The corresponding names of those nameservers;

7.     The expiration date of your registration; and

8.     Information regarding all other activity between you and TierraNet regarding your domain name registration and related services.

You hereby consent to, and give permission for, all of the foregoing disclosures.

6.         No Guarantee of Registration or Renewal

 

            Upon accepting your application to register or renew a domain name, TierraNet will submit your application to the Registry Operator.  No domain name registration will be effective unless and until the Registry Operator accepts your application and activates your domain name registration or renewal.  You will be entitled to a refund only if your registration through the Registry Operator is unsuccessful.

 

            You agree that TierraNet does not guarantee you will be able to register or renew a desired domain name, even if TierraNet indicates that the domain name is available and you are able to complete the transaction with respect to that domain name.  You also understand that TierraNet cannot know with certainty whether or not the domain name you are seeking to register is simultaneously being sought by a third party, or whether there are inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS and other registry databases. 

 

            You are solely responsible for making sure that your registration or renewal has been properly processed.  You agree that TierraNet is not responsible for any inaccuracies or errors in the domain name registration or renewal process.

 

You also agree that TierraNet may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, including, but not limited to, rejection due to a request for registration or renewal of a prohibited, improper, unavailable, infringing or questionable domain name. 

 

7.         Private Domain Name Registration Option

 

            All of your Registration Information must be made available to the public in the WHOIS directory as determined by ICANN policy and may be sold in bulk as set forth in the ICANN Registrar Agreement with TierraNet.  This information includes, but is not limited to, your name, mailing address, email address, phone number and fax number.  Using false information may lead to the termination of your domain name registration.

 

TierraNet offers to you an add-on Private Domain Name Registration Service for domain name registrations and renewals.  If you elect to purchase the Private Domain Name Registration Service, you agree to the provisions contained in Exhibit A [Link], which are incorporated as part of this Agreement.

 

8.         Your Representations

 

            By submitting to register or renew a domain name, you hereby represent and warrant that (1) the statements you make in connection with such registration or renewal are complete and accurate, and your contact information will be kept current; (2) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (3) you are not registering the domain name for an unlawful purpose; and (4) you will not use the domain name in violation of any applicable laws or regulations or this Agreement, including, but not limited to, TierraNet's Acceptable Use Terms. 

 

            You agree that it is your sole responsibility to determine whether your domain name registration or use infringes or otherwise violates any third party's rights, including, but not limited to, whether any foreign language translations of your domain name infringe or violate any third party's rights.

 

9.         Domain Name Registrant

 

When registering a domain name with TierraNet, you may designate a Registrant for the domain name. The Registrant of a domain name possesses all authority granted by TierraNet under this Agreement to act with respect to that domain name. This includes, but is not limited to, the authority to terminate, renew and transfer (where permitted) your domain name. If a Registrant is not explicitly specified, the administrative contact will be set as the Registrant.

10.       Administrative Contact

 

            During the registration process, you must designate an administrative contact. The administrative contact may be the same person or entity as the Registrant, or may be different. The Registrant may delegate certain of its rights to the administrative contact, including managing the domain name, purchasing additional services and/or transferring the domain name registration to a different registrar where allowable. The Registrant is responsible for all actions or omissions of the administrative contact.

 

11.       Domain Name Licensing

 

            If you intend to license the use of your domain name to a third party, you are still responsible for providing your own full contact information and for providing and updating accurate administrative, billing and technical contact information in the TierraNet control panel.

 

You acknowledge and agree to accept liability for any harm caused by the wrongful use of the domain name by any third party licensee. 

 

Additionally, you agree to disclose to TierraNet the current contact information for the licensee within 7 days upon notification of possible breach of this Agreement. 

 

12.       Premium Domain Service

 

            TierraNet acts as a facilitator to assist your purchase of a premium domain name.  Premium domain names are domain names that have been registered previously and are on the market for resale.  Premium domain names are more expensive than new domain names.  The price may be determined based on factors such as marketability, spelling, traffic, and economic trends.

 

13.       Parked Page

 

Upon registration, your domain name will automatically be placed on nameservers provided by TierraNet.  If you do not direct your domain name away from TierraNet's nameservers, you acknowledge that TierraNet will direct your domain name to a "Parked Page".  There is no charge for parking a domain name.

 

TierraNet may provide advertising on your Parked Page.  You agree you are not entitled to any compensation from this advertising.  TierraNet makes no effort to edit, control, monitor, or restrict the content and third-party advertising displayed on the Parked Page, and you agree TierraNet will not have any liability or responsibility to you or any third party relating to such content or advertising.

 

In addition to the Parked Page, TierraNet also makes available: (1) a "Domain Reserved" page to let others know that the domain name is registered; (2) an "Under Construction" page to let visitors know they should expect your website to be available soon; (3) a URL Redirect, which allows you to direct visitors to an existing website when they visit your domain name; and (4) a "Frame Forward", which allows you to direct visitors to an existing website when they visit your domain name, but they will still see your domain name in the web browser.  These options can all be accessed and selected in the TierraNet Control Panel.

 

14.       Change of Registrars

 

You agree you will not transfer any domain name registered through TierraNet to another domain name registrar during the first 60 days after your initial registration date and within 60 days of any change of registrant (including changes to the name, email address, or phone number of registrant).  At the time of any requested transfer of your domain name, your domain name must be active, not expired or about to expire within the next 5 days, and there must not be any outstanding balance on your account. 

 

TierraNet reserves the right, without obligation, to deny or delay any transfer in the event any of the foregoing items is not met, or any pending domain name disputes, lawsuits, criminal investigations or other legal proceedings exist.

 

15.       Expiration and Renewals

 

If your domain name is set to auto-renew, your credit card will be charged between 30 to 45 days prior to its expiration date as set forth in the Payment Terms [Link]. If you signed up for the Private Domain Name Registration Service, this Service will automatically renew when your domain name registration is up for renewal and you will incur the applicable additional renewal fee unless you cancel in advance. In either case, you agree it is solely your responsibility to keep your credit card information and contact information current via the TierraNet Control Panel.

 

If your domain name is not set to auto-renew or your credit card on file is declined, TierraNet will send to your registered email address an email notice approximately 30 days prior to the date your domain name is set to expire, and another email notice approximately 7 days prior to the expiration date. If you do not renew your domain name by its expiration date, your domain name will automatically expire and be deactivated.

 

After your domain name has expired, you have 30 days to renew and reactivate your domain name by paying the renewal fee.

 

30 days after the expiration date of your domain name, your domain name will enter the redemption grace period ("Redemption Grace Period") of 30 additional days in which you must pay a $99.00 redemption fee in addition to TierraNet's renewal fee to reclaim your domain name.

 

You understand that TierraNet may renew or redeem your domain name on your behalf, at its sole discretion. If you have not paid any outstanding renewal and/or redemption fees within 60 days of the initial expiration date, your domain may be sold or offered for auction by a 3rd party. 

Thirty days after the beginning of the Redemption Grace Period (i.e., 60 days after the initial expiration date of your domain name), your domain name may be released by TierraNet and it will become publicly available for registration on a first-come-first-served basis. 

You agree that TierraNet will not be responsible for expired or cancelled domain names that you fail to renew or redeem, either automatically or manually, in the timeframes indicated in this Agreement. You agree that TierraNet has no obligation to you if you fail to renew or redeem (and pay any associated fees) your domain name within 60 days of its initial expiration date. 

 

16.       Uniform Dispute Resolution Policy

 

In the event of any dispute about the ownership, use or other rights to the domain name, you agree to be bound by the UDRP, which can be found in Exhibit B. [Link] You also agree to submit to proceedings commenced under ICANN's Uniform Rapid Suspension System, if applicable. [Link]

 

In the event of any dispute as described in the preceding paragraph, or if TierraNet is notified that a complaint has been filed with a governmental, administrative or judicial body regarding a domain name you registered with TierraNet, TierraNet may in its sole discretion, take whatever action TierraNet deems necessary regarding modification, lock, cancellation, assignment and/or control of the domain name until the dispute is settled.  In this event, you agree to hold TierraNet harmless for and against any such action taken by TierraNet.

 

17.       Suspension, Cancellation or Transfer

 

Your registration of any domain name shall be subject to suspension, cancellation or transfer pursuant to ICANN adopted specification or policy, or pursuant to any TierraNet procedure not inconsistent with any ICANN adopted specification or policy to correct mistakes by TierraNet or the Registry Operator in registering any domain names.

 

TierraNet and the Registry Operators reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name on registry lock, hold or similar status, as either deem necessary, in its unlimited and sole discretion for the following purposes:

 

(1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the internet;

 

(2) to correct mistakes made by the Registry Operators or any registrar in connection with a domain name registration;

 

(3) for the non-payment of fees;

 

(4) to protect the integrity and stability of the Registry Operator;

 

(5) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;

 

(6) to comply with any applicable ICANN rules or regulations, including without limitation, the Registrar Accreditation Agreement;

 

(7) to avoid any civil or criminal liability on the part of the Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; and/or

 

(8) per the terms of this Agreement.

 

18.       Abuse

 

TierraNet will take reasonable and prompt steps to investigate and respond to any reports of abuse or Illegal Activity involving the domain names of its customers.  For purposes of this Agreement, Illegal Activity means conduct involving use of a domain name that is prohibited by applicable law, and/or exploitation of TierraNet's Domain Name Services in furtherance of conduct prohibited by applicable law.

 

TierraNet maintains a dedicated email address at icann-abuse-reports@tierra.net and a telephone number ( 619-393-2105 ) that is monitored 24 hours a day, seven days a week, to receive reports of Illegal Activity from law enforcement, consumer protection, and others.  Well-founded reports of Illegal Activity (as determined by TierraNet) will be reviewed within 24 hours by TierraNet, which will, in its sole and absolute discretion, take appropriate action in response to the report. 

 

TierraNet will document its receipt of and response to all such reports and shall maintain the records related to such reports for two years, unless legally required to be maintained for a longer period.  During such period, TierraNet shall provide such records to ICANN upon reasonable notice.

 

If you want to report any abuse involving a domain name of a customer of TierraNet, please email TierraNet at icann-abuse-reports@tierra.net or by phone at (619) 393-2105.  Please include the following information:  abuse type (phishing, spam, etc.), URLs, relevant logging information (traffic, port scans, malicious activity, etc.), and any additional pertinent information. 

 

19.       Right of Refusal

 

            TierraNet, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name, and may delete the registration of any domain name within the first 30 days after registration has taken place.  In this event, TierraNet will refund any fees paid to TierraNet in connection with the registration either being cancelled or refused.

 

20.       Domain Search        

 

            The data contained in the TierraNet Domain Search, while believed by TierraNet to be reliable, is provided "as is", with no guarantee or warranties regarding its accuracy.  This information is provided for the sole purpose of assisting you to search domain name registration records.  Any use of this data for any other purpose, including but not limited to, dissemination or collection for transmission of unsolicited advertising or solicitations, is expressly forbidden.  You may not use the data to allow, enable, or otherwise support any marketing activities, regardless of the medium used.  Such media include but are not limited to email, telephone, facsimile, mailing mail, SMS, and wireless alerts.  In addition, you may not sell or redistribute the data.  Queries must be limited to 10 per minute and one connection.

 

21.       Inconsistent Terms

 

            In the event of any inconsistent terms of this Domain Name Registration Agreement with the terms of the Registrar Accreditation Agreement, the latter will control.

 

 

 

ADDITIONAL TERMS OF THIS AGREEMENT

AS REQUIRED FOR .INFO, .BIZ, .NAME, .US, AND .MOBI.

 

 

In the event of a conflict between these Additional Terms and any other provision of this Agreement, these Additional Terms will control with respect to these respective, identified top level domains.

 

.INFO. Should you seek to register a .INFO second level domain, you agree to be bound by the following terms:

 

  1. Registrant consents to the use, copying, distribution, publication, modification, and other processing of the Registrant's Personal Data by the .INFO registry operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract with ICANN, available at http://www.icann.org/tlds/.

 

  1. Registrant agrees to submit to proceedings under the UDRP and comply with the requirements set forth by the registry operator for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy, available at http://www.afilias.info/faq/sunrise-challenge.html . These policies are subject to modification by the registry operator.

 

  1. Registrant agrees to immediately correct and update the registration information for any domain name during its registration term, failure to correct this information shall constitute a breach of this Agreement.

 

  1. Registrant acknowledges 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 domain name during either the Sunrise or Land Rush periods, and (b) the results of any dispute over a domain name registration which is processed during the Sunrise period.

 

  1. Registrar and the registry operator 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 applicable dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or the registry operator as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and the registry operator also reserve the right to freeze a domain name during resolution of a dispute.

 

.BIZ. Should you seek to register a .BIZ second level domain, you agree to be bound by the following terms:

 

  1. 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: a) To exchange goods, services, or property of any kind; b) In the ordinary course of trade or business; or c) 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.

 

  1. BIZ CERTIFICATION. As a .biz domain name registrant, you hereby certify to the best of your knowledge that: (a) 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. For more information on the .biz restrictions, which are incorporated herein by reference, please see: www.neulevel.com (b) The domain name registrant has the authority to enter into the registration agreement; and (c) The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

 

  1. PROVISION OF REGISTRATION DATA.

 

a.         Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, mailing address, e mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, mailing address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, mailing address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, mailing address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the WHOIS directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.

 

b.         Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the WHOIS directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

 

4.   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: (i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm. (ii) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and (iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html. 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.

 

5.   DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that the registry operator, in its sole discretion, may modify its dispute policy. The registry operator will post any such revised policy on its 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.

 

6.   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.

 

7.   RESERVATION OF RIGHTS. DomainDiscover 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 DomainDiscover and/or NeuLevel, Inc., as well as thier affiliates, subsidiaries, officers, directors and employees. DomainDiscover and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

 

.NAME. Should you seek to register a .NAME second level domain, you agree to be bound by the following terms:

 

.name RESTRICTIONS

 

Registrations in the .name TLD must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

 

.name CERTIFICATIONS

 

As a .name domain name Registrant, you hereby certify to the best of your knowledge that:

 

a.     You have the authority to enter into this Agreement; and

 

b.     The registered domain name or .name email address is your Personal Name.

 

PROVISION OF REGISTRATION DATA

 

a.     As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information contained in the WHOIS directory, including: (i) your full name and mailing address, email address, voice telephone number, and fax number, if available; (ii) the IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name; (iii) the full name, mailing address, email address, voice telephone number, and fax number, if available, of the technical contact for the domain name; (iv) the full name, mailing address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; (v) the name, mailing address, email address, voice telephone number, and fax number, if available, of the billing contact for the domain name. You agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by Internet Corporation for Assigned Names and Numbers ("ICANN"). You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.

 

b.     You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the WHOIS directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN Policy. The Global Name Registry, Limited ("Registry Operator") may share your personal data with third parties that act as subcontractors to it for the purposes of this Agreement, and you agree that your personal data may be shared with Registry Operator's subcontractors. You also agree that from time to time, Registry Operator may share some of your personal data, such as your address and postcode, with third parties who are conducting, on behalf of Registry Operator, market analysis.

 

DOMAIN NAME DISPUTE POLICY

 

If you reserved or registered a .name 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. 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:

 

a.     the Eligibility Requirements (the "Eligibility Requirements"), available at http://www.name/corporate/page/72/124/index.html;

 

b.    the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at http://www.name/corporate/downloads/erdrp.pdf; and

 

c.     the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/urdrp-policy-24oct99.htm.

 

Personal Name domain names and Personal Name email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding. According to the Eligibility Requirements, the following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.

 

The ERDRP applies to challenges to (i) registered domain names and email address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations within .name.


The UDRP applies to complaints by trademark or service mark owner concerning the registration and use of an Internet domain name registered by a Registrant.

 

DOMAIN NAME DISPUTE POLICY MODIFICATIONS

 

You agree that the Registry Operator may modify the dispute policy from time to time. Registry Operator will post any such revised policy on its 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 or .name email address 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 DomainDiscover 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. 

 

7.  .NAME EMAIL. 

 

a.     The service for which you have registered may, at your option, include .name Email. To the extent you opt to use .name Email, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of .name Email, including the content of messages sent through .name Email.

 

b.     You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.name/corporate/downloads/aup.pdf, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use .name Email:

 

                           i.       to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;

 

                         ii.       to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;

 

                          iii.     to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or

 

                          iv.     for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list

 

1.   Users are not permitted to provide false names or in any other way to pose as somebody else when using .name Email.

 

2.   Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's .name Email.

 

3.   You understand and agree that Registry Operator may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of .name Email. You further understand and agree that Registry Operator is at liberty to block your access to .name Email if you use .name Email in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the .name Email unless it would damage the reputation of Registry Operator or jeopardize the security of Registry Operator or others to do so. Registry Operator reserves the right to immediately discontinue Email Forwarding without notice if the technical stability of .name Email is threatened in any way, or if you are in breach of this Agreement. On discontinuing .name Email, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.

 

4.   You understand and agree that to the extent Registry Operator is required by law to disclose certain information or material in connection with your .name Email, Registry Operator will do so in accordance with such requirement and without notice to you.

 

RESERVATION OF RIGHTS

 

DomainDiscover and Registry Operator 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 DomainDiscover and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees. DomainDiscover and Registry Operator also reserve the right to freeze a domain name during a resolution of a dispute.

 

LIMITATION OF LIABILITY

 

You agree that Registry Operator 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, your ability or inability to obtain a .name domain name or .name Email address registration using these processes; or (ii) any dispute over any .name domain name, .name Email address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

 

INDEMNIFICATION.  You agree to indemnify, defend and hold harmless Registry Operator, and its directors, officers, employees, affiliate and agents 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 breach of this Agreement. This indemnification obligation will survive the termination or expiration of this Agreement.

 

COMPLIANCE WITH TERMS AND CONDITIONS.  Registrar shall comply with the following:

 

a.     ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registrar Accreditation Agreement or under any other arrangement with ICANN; and

 

b.     operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner and applicable to all registrars, including affiliates of Registry Operator, and consistent with ICANN's standards, policies, procedures, and practices and Registry Operator's Registrar Accreditation Agreement with ICANN. Among Registry Operator's operational standards, policies, procedures, and practices are those set forth in Exhibit E of the Registry-Registrar Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm. Additional or revised Registry Operator operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty (30) days notice by Registry Operator to Registrar.

 

Additional terms for .us domain names.  You agree to additional terms of .us registration list on the .us Registry website located at http://www.neustar.us/policies/index.html.

 

US Nexus Requirement

 

Customers applying for registration of a .us domain name must be:

 

1.     A natural person (i) who is a citizen or 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 or territories, or

3.     An entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States.

 

US Nameserver Requirement

 

The nameservers listed in connection with the .us domain name must be located within the United States.

 

.MOBI - Should you seek to register a .MOBI second level domain, you agree to be bound by the following terms:

Registered Name Holder shall:

Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents 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 and or use, and this indemnification obligation survive the termination or expiration of the registration agreement;

Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or 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 the Registered Name Holder's domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement;

Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to TierraNet being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement. 
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registrar Accreditation Agreement or other arrangement with ICANN;

Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registrar Accreditation Agreement shall be effective upon thirty days' notice by Registry Operator to Registrar;

Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy;

Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP");

Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name;

Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration 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 made during the limited industry launch or over a Sunrise Registration.

Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.

Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.

Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.

Registrant acknowledges and agrees that they must comply with the requirements, standards, policies, procedures, and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide.

Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.




 

ADDITIONAL TERMS FOR TLDs

 

The registries for specific TLDs may have additional terms and conditions. By registering domains in these TLDs you are agreeing to the terms of those registries.




Exhibit A to Domain Name Registration Agreement

 

Private Domain Name Registration Service Terms

 

 

Private Domain Name Registration Service

 

            You may elect to subscribe to the TierraNet Private Domain Name Registration Service ("Private Registration Service") at the time you register a domain name, renew a domain name, or at any other time.

 

By subscribing to the Private Registration Service, you authorize and direct TierraNet to serve as your proxy and to act as the administrative contact for your domain name.  Specifically, you authorize and direct TierraNet to display an alternate contact name, mailing address, email address and phone number (the "Contact Information") directed to TierraNet as proxy in the public WHOIS database for your domain name registration.

 

You agree to promptly update and maintain your contact information and credit card information with TierraNet, as described in the Domain Name Registration Agreement.

 

You understand and acknowledge that Private Registration Services may not be permitted by some Registry Operators.

 

Communications Forwarding

 

            By subscribing to the Private Registration Service, you authorize and direct TierraNet to process all communications addressed to you and received by TierraNet, as follows:

 

            Email – TierraNet will list a proxy email address in the WHOIS database.  If a third party sends an email to that address, the sender will receive an automated email response directing them to another website owned and operated by TierraNet.  At this website, the third party may complete a web form in order to contact you.  The information in the web form will be emailed by TierraNet to your email address on file in the TierraNet Control Panel. 

 

            Mailing Address – You hereby authorize TierraNet to receive, sort, open, forward and destroy any and all mail received by TierraNet at the P.O. Box or street address listed by TierraNet in the WHOIS database.  Any first class, certified, express mail, or other mail referenced to your domain name will be, at TierraNet's sole discretion, mailed (or scanned and emailed) to you according to your most current mailing address on file in the TierraNet Control Panel.  If scanned and emailed to you, TierraNet will retain the original mail for 7 calendar days.  During that 7-day period, you may request TierraNet to forward the hard copy of the mail to you, subject to additional mailing and processing fees. 

 

            Telephone – TierraNet will list its Private Registration Service phone number in the WHOIS database. This number will be answered by an automated recording that will instruct callers to contact you using either the TierraNet proxy email address or the TierraNet proxy mailing address displayed in the public WHOIS database.

 

Fees

 

The initial fees for the Private Registration Service must be paid by you at the time of your subscription.  You will be billed annually for this Private Registration Service as described in the Payment Terms [Link], synchronized with the month and day of the corresponding domain name expiration date.

 

Disclaimer

 

You agree not to provide any third party with the TierraNet WHOIS Contact Information for the purpose of communications with you.  The Private Registration Service is not a mail forwarding service.  TierraNet may immediately terminate the Private Registration Service and, at its sole discretion, disclose your registration information on the WHOIS database in the event TierraNet believes you may have violated this restriction.

 

You acknowledge that by subscribing to the Private Registration Service, you will not receive all communications sent to you at the Contact Information listed in the WHOIS database.  You agree that TierraNet is not liable or otherwise responsible for any loss or liability that may result from your use of the Private Registration Service, including without limitation, your receipt of important communications such as UDRP complaints and other legal notices.

 

Reservation of Rights

 

TierraNet expressly reserves the right, in its sole and absolute discretion, to: (a) reveal your contact information to third parties; (b) populate the public WHOIS database with your name, primary mailing address, email address and/or telephone number as provided by you to TierraNet, or (c) terminate your subscription to the Private Registration Service, for the following purposes:

 

            (1)  to comply with any applicable laws, government rules or requirements, subpoenas, search warrants, court orders, requests of law enforcement or government agencies, or any dispute resolution process;

 

            (2)  if any third party claims that the domain name infringes or otherwise violates any trademark, trade name, or other legal rights, whether or not such claim is valid;

 

            (3)  if you breach any Agreement you have entered into with TierraNet;

 

            (4)  to comply with the contracts, rules, procedures or practices, and to protect the integrity and stability of, ICANN or the Registry Operator that governs the domain name extension;

 

            (5)  To avoid any civil or criminal action or liability on the part of TierraNet, its subsidiaries, affiliates, shareholders, agents, officers, directors, or employees; and/or

 

            (6)  To prevent inappropriate activity that comes to TierraNet's attention, including without limitation, your use of the Private Registration Service to hide your involvement in spamming, violating the law, or engaging in unlicensed or morally objectionable activities. 

 

Abuse/Infringement Point of Contact

 

            TierraNet maintains a dedicated email address at Icann-abuse-reports@tn.com and a telephone number (619-393-2105) that is monitored 24 hours a day, seven days a week, to receive reports of illegal conduct from law enforcement, consumer protection agencies and others.  For more information, see the Abuse section in this Domain Name Registration Agreement.

 

Reversion to Public Registration

 

            TierraNet will revert private WHOIS information back to public information at any time following a request in writing by you.

 

            If you elect to transfer a privately registered domain name to a different registrar, the Private Registration Service will automatically terminate.


 



Exhibit B to Domain Name Registration Agreement

 

Uniform Domain-Name Dispute-Resolution Policy

 

 

(As Approved by ICANN on October 24, 1999)

 

1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/en/dndr/udrp/uniform-rules.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.

 

2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

 

3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

 

a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;

 

b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

 

c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

 

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

 

4. Mandatory Administrative Proceeding.  This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a "Provider").

 

a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

 

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

 

(ii) you have no rights or legitimate interests in respect of the domain name; and

 

(iii) your domain name has been registered and is being used in bad faith.

 

In the administrative proceeding, the complainant must prove that each of these three elements are present.

 

b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

 

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

 

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

 

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

 

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

 

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

 

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

 

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

 

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

 

d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

 

e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

 

f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties.  This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

 

g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

 

h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

 

i. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

 

j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

 

k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

 

5. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

 

6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

 

7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

 

8. Transfers During a Dispute.

 

a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

 

b. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

 

9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at https://www.tierra.net/TOS_current/ at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration

 

 

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