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RegisterClub.com
REGISTRATION AGREEMENT
This Registration Agreement 4.1
("Agreement") sets forth the terms and conditions agreed to
between you and BulkRegister, a Maryland corporation (the
"Registrar", "we" or "us"), relating to the registration of
one or more Second Level Domain name(s) ("SLD name(s)")
ending in the .com, .net, .org, .biz, .info, .name, .cc or
other Top Level Domains. We are a registrar accredited by
the Internet Corporation for Assigned Names and Numbers ("ICANN")
pursuant to an accreditation agreement between us and ICANN
("ICANN Agreement"). By registering any SLD name with us on
or after February 1, 2002 (whether directly or through your
agent, or as an agent for another person or entity), you
agree, for yourself and, if acting as an agent, on behalf of
your principal, to be bound by the terms and conditions of
this Registration Agreement 4.1 with respect to all SLD
names registered with us, including those SLD names
previously registered with us under prior versions of our
Registration Agreement.
To complete the registration process, you must read and
agree to be bound by all terms and conditions of this
Agreement, the accompanying fee schedule and dispute policy,
and any rules or policies of general applicability that are
or may be posted by us on our website from time to time. You
acknowledge that we may modify this Agreement to the extent
necessary to comply with applicable law or the ICANN
Agreement, any ICANN Consensus Policy or code of conduct or
other policies adopted or requirements imposed by ICANN or
the administrator of the Registry, currently Verisign, Inc.
for .com, .net, .org, & cc, Neulevel, Inc. for .biz & .us,
GNR Global Name Registry for .name, and Afilias, Inc. for
.info - (the "Registry Administrator"), as in effect from
time to time (collectively referred to as "ICANN/Registry
Policy").
1. Fees.
As consideration for the SLD name registration services
provided by us, you agree to pay all initial registration
fees and applicable renewal fees with respect to each SLD
name registered in US Dollars at the time of registration or
renewal. If you do not pay any initial fees or renewal fees
when due or your credit card charge is not accepted for any
reason within three (3) business days after any initial fee
is due or within seven business days after any renewal fee
is due, or in the event of any chargeback of any payment at
any time, we will have the right to immediately cancel all
SLD names for which payment was not received, without
further notice. In the case of renewals, we will send an
e-mail to the address of the billing contact then set forth
in the WhoIS directory with respect to the SLD name eligible
for renewal, and it shall be your responsibility to ensure
that all such fees are paid prior to the expiration of the
term of registration of each SLD name you wish to renew. You
agree that we shall have no liability whatsoever with
respect to any such cancellation. We reserve the right to
adjust our registration and renewal fees prospectively upon
fifteen (15) calendar days prior notice.
2. Term; Registration Period.
The term of this Agreement, as in effect from time to time,
will extend through and continue in force at any time during
which you have any SLD name registered through us. At your
discretion, we will register each SLD name for a period of
one (1) to ten (10) years for .com, .net and .org, & .cc or
for a period of two (2) to ten (10) years for .biz & .info
or for a period of one (1), two (2), or ten (10) years for
.name from the initial registration date or, if applicable,
the previous registration date for such SLD name.
3. SLD Name Dispute Policy.
You agree to be bound by our Domain Name Dispute Policy
("Dispute Policy") which is incorporated into this Agreement
by reference, as in effect from time to time. The Dispute
Policy can be found at http://www.bulkregister.com/dispute.html.
Any disputes regarding the right to use your SLD name will
be subject to the Dispute Policy. We may modify the Dispute
Policy in our sole discretion at any time in accordance with
the ICANN Agreement or any ICANN/Registry Policy. Your
continued use of our registration services after
modification to the Dispute Policy becomes effective
constitutes your acceptance of those modifications. If you
do not agree to such a modification, you may request that
your SLD name be cancelled or transferred to another
registrar. You agree that you will be subject to the
provisions specified in the Dispute Policy in effect at the
time your SLD name is challenged by a third party, including
but not limited to (i) any applicable restrictions on your
ability to change registrars with respect to an SLD name
subject to a dispute or to transfer an SLD name subject to a
dispute to a new holder; and (ii) our ability to cancel any
such transfers while a dispute is pending. While any dispute
or litigation is pending, we may not allow you to make
changes to such SLD 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 SLD 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 SLD name registration services,
we may deposit control of your SLD name record into the
registry of the judicial body by supplying a party with a
registrar certificate from us. No refunds will be provided
for names deleted or transferred pursuant to this section.
You agree that at such time as we receive a properly
authenticated order from a court of competent jurisdiction,
or arbitration award, requiring the cancellation,
suspension, transfer or modification of any SLD name
registration, we shall have the right in our sole discretion
to cancel, suspend (e.g. registrar lock or hold), transfer
or otherwise modify any SLD name registration(s).
4. Registration Data.
4.1. 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, postal 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 SLD name;
(iv) the corresponding names of those nameservers; (v) the
full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact
for the SLD name; (vi) the full name, postal address, e-mail
address, voice telephone number, and fax number if available
of the administrative contact for the SLD name; (vii) the
name, postal address, e-mail address, voice telephone
number, and fax number if available of the billing contact
for the SLD name; and (viii) any remark concerning the
registered SLD 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.
4.2. Inaccurate or Unreliable Data. 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 SLD name
concerning the accuracy of contact details associated with
any registration(s) or the registration of any SLD 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 SLD name(s) and for the
purposes of this Agreement and as required or permitted by
the ICANN Agreement or any ICANN/Registry Policy.
4.3. Use of Registration Data. You acknowledge that we will
make some of the information that you provide during the
registration process publicly available as required by ICANN.
Additionally, you acknowledge that ICANN or the Registry may
impose guidelines, limits and/or requirements that relate to
the amount and type of information that we may or must make
available to the public or to private entities. You may
request a copy of your information in our possession to
review, modify or update such information by contacting us
by e-mail at support@bulkregister.com. We agree that we will
not process any Personal Data collected from you, if any, in
a way that is incompatible with the purposes and other
limitations set forth in this Agreement. We agree that we
will take reasonable precautions to protect Personal Data
collected, if any, from loss, misuse, unauthorized access or
disclosure, alteration or destruction.
4.4. Disclosure of Use of Data. If you engage in the
reselling of SLD name(s), you covenant, represent and
warrant that you have provided, or will provide, to any
third party individuals whose Personal Data you have
obtained, the same information about use of those details as
are set out in this Section 4 or as may be reasonably
required by us pursuant to any ICANN/Registry Policy now or
hereafter adopted, and that the third parties individually
have consented, or will consent, to use of their personal
data.
5. License of SLD Names.
If you license use of an SLD name to a third party, you
remain the holder of record, and you acknowledge that you
remain responsible for providing and updating your own full
contact information and for providing and updating accurate
technical, administrative, and billing contact and other
information in accordance with this Agreement. You are also
required to collect and submit end-user supplied Registrant
and Administrative Contact data for each domain name
registration made on behalf of an end-user. It is not
acceptable for a BulkRegister Reseller to list themselves as
the Registrant and Administrative Contact on domain name
registrations made on behalf of end-users. If you license
use of an SLD name, you shall accept liability for harm
caused by wrongful use of the SLD name, unless you promptly
disclose the identity of the licensee to the party providing
you reasonable evidence of actionable harm.
6. Change of SLD Holder; Reselling Activities. The
provisions of this Section 6 shall apply to you unless you
have entered into a separate Registration Services
Agreement, in which case the Registration Services Agreement
shall apply to you.
6.1. Change of SLD Holder Procedure. If you transfer any SLD
name, you agree to abide by the policies and procedures
relating to transfer of SLD names as may be adopted by us
and as in effect from time to time, which policies and
procedures may require, among other things, the submission
of hard-copy record of transfer of ownership, the submission
of information concerning the transferor and transferee and
the transfer, including but not limited to the information
described in Section 4 of this Agreement with respect to the
transferee, and may impose reasonable information collection
and recordkeeping obligations on you. Such policy and
procedure may require you upon such transfer to relinquish
all control over the SLD name transferred.
6.2. Required and Prohibited Reselling Practices. You agree
to inform any person or entity registering an SLD name with
us through you or your account (each your "Customer" and
collectively, your "Customers") that they are registering
their SLD name through us, an ICANN accredited registrar.
You shall not represent, directly or by implication, that
you are a registrar or have direct or superior access to the
Registry or that you are a registrar or accredited or
otherwise affiliated with ICANN, and you agree not to employ
or display the ICANN mark or logo on your web site or any
materials used by you in your business.
6.3. Recordkeeping Requirements. You agree to obtain
evidence of each Customer's assent to the then current
Registration Agreement electronically (e.g. by "click") or
by hardcopy signature, and to retain for a period of three
(3) years evidence of such assent. You may require Customers
using your services to agree to additional terms and
conditions, provided that such terms and conditions do not
conflict in any manner with the provisions of the
Registration Agreement or any ICANN Policy.
6.4. Customer Support; Registration Data and Updating
Requirements. You agree to provide adequate customer
service, billing and technical support for your Customers,
and to make modifications and updates to registration data
relating to your Customers' SLD names so that our database
contains accurate, current and reliable registration data
with respect to your Customers' SLD names. You understand
and acknowledge that your failure to make any modifications
to any information with respect to your Customer's SLD
name(s) in accordance with the written instructions of such
Customer(s) within ten (10) business days after delivery of
such written instructions, or the making of any
modifications to any Customer's registration data which have
not been authorized by such Customer in writing or by
e-mail, shall constitute a breach of this Agreement. You
agree to retain copies of all communications and other
correspondence between you and Customer relating to the
registration of SLD names with us and to provide us with the
same upon request. Your willful provision of inaccurate or
unreliable information concerning your Customer's SLD name(s),
or your willful failure to promptly update or correct your
Customer's registration data, or your failure to respond to
our or any of your Customer's inquiries or requests
concerning the accuracy or content of any registration data
for over ten (10) business days shall constitute a breach of
this Agreement.
7. Policies Regarding Use of Our Services.
7.1. Suspension, Cancellation or Transfer of SLD Name. You
agree that your ability to use our registration services is
subject to termination or suspension, and your ability to
register or modify any particular SLD name is subject to
suspension, cancellation, or transfer (i) at any time
pursuant to any ICANN/Registry Policy now in effect or
hereafter adopted, (ii) to correct mistakes by us, another
accredited registrar or the Registry in registering SLD
name(s), including but not limited to the correction of
erroneous or inadvertent deletions of SLD names, or in
connection with the resolution of disputes in accordance
with the Dispute Policy, or (iii) in the event of any breach
of any representation, warranty, agreement or other
provision of this Agreement, upon e-mail notice of such
breach and the expiration of a fifteen (15) calendar day
cure period.
7.2. Limitations on Use of Services. You agree not to use
our services or website or permit any person or entity
through you to use our services or website for (i) the
transmission of unsolicited, commercial e-mail (spam); or
(ii) high volume, automated, electronic processes that apply
to the Registry for large numbers of SLD names, except as
reasonably necessary to register SLD names or modify
existing registrations; or (iii) high volume, automated,
electronic, repetitive queries except as reasonably
necessary to register SLD names or modify existing
registrations.
8. Use of Agents. You agree that, if your agent (e.g., an
Internet Service Provider, employee, etc.) purchased our
service(s) on your behalf, you are nonetheless bound as a
principal by all terms and conditions herein, including the
Dispute Policy. Your continued use of our services shall
ratify any unauthorized actions of your agent. By acting on
your behalf, your agent certifies that he, she or it is
authorized to apply for our services on your behalf, that
he, she or it is authorized to bind you to the terms and
conditions of this Agreement and that he, she or it has
apprised you of the terms and conditions of this Agreement.
In addition, you are responsible for any errors made by your
agent. We will not refund fees paid by you or your agent on
your behalf for any reason, including, but not limited to,
in the event that your agent fails to comply with the terms
and conditions of this Agreement, your agent incorrectly
provides information in the application process or if your
agent changes or otherwise modifies your SLD name record
incorrectly.
9. SLD Name Transfers Between Sponsoring Registrars. You
agree that you may change sponsoring registrars for any
existing SLD name only in accordance with ICANN/Registry
Policy and further agree that you may not change sponsoring
registrars with respect to any SLD name for a period of
sixty (60) calendar days after registration of such SLD name
with us. In connection with any transfer by you of SLD
name(s) from one registrar (the "Losing Registrar") to us:
9.1. You represent and warrant that (i) you are either the
SLD Holder, the administrative contact or the technical
contact with respect to the SLD name(s) being transferred;
and (ii) if transferring an SLD name on behalf of a
Customer, you have been granted the authority by such
Customer to effect each such transfer.
9.2. To initiate a transfer of sponsoring registrars from a
Losing Registrar to us, you shall notify us of the SLD
name(s) you wish to transfer to us and we will, upon receipt
of such transfer request, forward to you a Confirmation of
Transfer. You agree to confirm the accuracy of the
Confirmation of Transfer and assent to the Confirmation of
Transfer before being permitted to continue.
9.3. We will effect the proposed transfer of sponsoring
registrars from the Losing Registrar only after the
following conditions have been met:
(i) We have received evidence of your assent to the
Confirmation of Transfer and all transfer fees associated
with the transfer(s) have been paid in full; and
(ii) If the transfer involves an SLD name held by an SLD
Holder other than you and we have notified such SLD Holder
via the Administrative Contact of the proposed transfer and
provided such Administrative Contact with a period of time
to confirm or object to such transfer, not to exceed 10
business days, such waiting period shall have expired or the
express consent of such Administrative Contact shall have
been obtained.
9.4. You agree and understand that we will effect the
registration using the registration data on file with the
Losing Registrar immediately prior to transfer, and
understand that we may, at our discretion, limit your
ability to make post-transfer changes to registration data
for a reasonable period of time following transfer, not to
exceed 15 business days.
9.5. When we make a request to the Losing Registrar (via the
Registry) to transfer an SLD name registration to us from
the Losing Registrar, you agree to pay us the applicable
fee(s) as then in effect with respect to such transfer and
agree to comply with the Verisign Change in Registrar
Policy.
The Following Paragraphs(10 through 13) Apply to .Biz Domain
Registrations
10. 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.
11. 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: http://www.neulevel.com/countdown/registrationRestrictions.html
(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.
12. 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.
13. RESERVATION OF RIGHTS. BulkRegister 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 BulkRegister and/or NeuLevel, Inc., as well as
their affiliates, subsidiaries, officers, directors and
employees. BulkRegister and NeuLevel, Inc. also reserve the
right to freeze a domain name during resolution of a
dispute.
The Following Paragraphs(14 through 17) Apply to .INFO
Domain Registrations
14. Registrant consents to the use, copying, distribution,
publication, modification, and other processing of
Registered Domain Name Holder's Personal Data by Afilias,
the .INFO Registry Operator, and its designees and agents in
a manner consistent with the purposes specified pursuant in
its contract.
15. Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Name Dispute Policy (UDRP) and comply with
the requirements set forth by Afilias for domain names
registered during the Sunrise Period, including the
mandatory Sunrise Dispute Resolution Policy. These policies
are subject to modification.
16. Registrant acknowledges that Afilias, the registry
operator for .INFO, 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.
17. Registrar and Afilias, the registry operator for .INFO,
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 Registrar
and/or Afilias as well as their affiliates, subsidiaries,
officers, directors and employees. Registrar and Afilias
also reserve the right to freeze a domain name during
resolution of a dispute
18. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES.
18.1. LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY
OCCUR DUE TO (a) ANY ACT OR OMISSION OF YOU OR YOUR AGENT
(WHETHER AUTHORIZED OR UNATHORIZED) (a) ANY LOSS OF
REGISTRATION OF ANY SLD NAME, (b) THE USE OF YOUR SLD NAME
OR PASSWORD, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO
OUR REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY
OF DATA BETWEEN YOU AND US; (e) EVENTS BEYOND OUR CONTROL;
(f) THE PROCESSING OF ANY SLD NAME REGISTRATION; (g) THE
PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH
YOUR SLD NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY
ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE
POLICY. FURTHER, WE WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR REGISTRATION
OF THE SLD NAME IN CONTROVERSY DURING THE PRIOR ONE (1) YEAR
PERIOD. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW
THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
18.2 DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN OUR SOFTWARE OR WEBSITE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SOFTWARE
OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED. WE DO
NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF OUR SOFTWARE OR WEBSITE OR RELATED
DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE.
19. Indemnity.
You agree to defend, indemnify and hold us harmless and any
applicable SLD name registry, and the shareholders,
directors, officers, employees, affiliates and agents of us
and them, from and against any loss, damages or costs,
including reasonable attorneys' fees, resulting from any
claim, action, proceeding, suit or demand arising out of or
related to (i) any SLD name registered by you or the
transfer or use thereof, (ii) any dispute concerning an SLD
name, (iii) your breach (or the breach by any of your
officers, agents, employees or other representatives) of any
agreement contained in this Agreement, or (iv) any
cancellation, suspension (e.g. registrar lock or hold) or
transfer of any SLD name in accordance with this Agreement.
This indemnification is in addition to any indemnification
required under the Dispute Policy.
20. Representations and Warranties.
You represent and warrant that all information provided by
you in connection with your registration is complete and
accurate. You represent and warrant each time you register
an SLD name that, to the best of your knowledge and belief,
neither the registration of the SLD name nor the manner in
which it is directly or indirectly used infringes the legal
rights of a third party. In applying for an SLD name, you
represent and warrant that the registration is not made in
bad faith and that the name does not conflict with another
SLD name. We make no representation or warranties of any
kind in connection with this Agreement. Specifically but
without limitation, we do not represent or warrant that
registration of your SLD name will immunize you from
challenges to your SLD name. We are not bound by nor should
you rely on any representation or warranty made by any
agent, representative or employee of any third party that
you may use to apply for our services.
21. Breach and Revocation; Notice of Cancellation, Etc.
Except as otherwise specified in this Agreement, any breach
by you of this Agreement or the Dispute Policy must be
remedied by you within five (5) business days following
e-mail notice by us to you. Such notice shall be deemed
delivered when sent to the e-mail address then on record for
your administrative contact in the Whois directory. If you
fail to cure the breach within such cure period, we may
terminate this Agreement, cancel your registration of the
SLD name(s), transfer such SLD names to another person or
entity and/or seek any remedy available at law or in equity
including but not limited to obtaining an injunction or
specific performance. Our remedies shall not be deemed
exclusive and effecting any one or more of the foregoing
remedies shall not be deemed an election of remedies. Except
as otherwise specified in this Agreement, notice of
revocations, suspensions, transfers, or cancellations of
your SLD name(s) by us pursuant to this section will be
provided to you within five (5) business days following the
taking of such action.
22. Cancellation During Preliminary 30 Day Period; Right of
Refusal to Register.
Pursuant to ICANN/NSI Registry Policy, we reserve the right
to refuse to register any SLD name(s), or to cancel,
transfer or suspend any SLD name(s) registered with us
within the first thirty (30) calendar days following receipt
of your payment for such registration(s). In the event we do
not register an SLD name or we cancel or transfer an SLD
name within such thirty (30) calendar day period, we agree
to refund any applicable fee(s) with respect to such SLD
name which you have paid to us. You agree that we shall not
be liable to you for loss or damages that may result from
our refusal to register any SLD name(s) or the cancellation
or transfer of any SLD name(s).
23. Governing Law; Jurisdiction; Waiver of Trial by Jury.
THIS AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED BY
THE INTERNAL LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD
TO SUCH STATE'S POLICIES RELATING TO CONFLICT OF LAWS. ANY
ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT OR TO
YOUR OR YOUR AGENT'S USE OF OUR SERVICES SHALL BE BROUGHT
EXCLUSIVELY IN THE COURTS OF MARYLTHE DISTRICT OF MARYLAND
(NORTHERN DIVISION) LOCATED IN BALTIMORE, MARYLAND. FOR THE
ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM THIS
AGREEMENT OR THE USE OF ANY SLD NAME(S), YOU AGREE TO
SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE
JURISDICTIONS, TO THE JURISDICTION OF THE COURTS (I) OF YOUR
DOMICILE, AND (II) OF MARYLAND, USA, OR THE U.S. DISTRICT
COURT FOR THE DISTRICT OF MARYLAND (NORTHERN DIVISION)
LOCATED IN BALTIMORE, MARYLAND. YOU WAIVE THE RIGHT TO TRIAL
BY JURY IN ANY SUCH PROCEEDING.
24. Notices.
Except as otherwise specifically stated herein, you agree
that all notices from us to you shall be delivered by
posting such notices on our website and shall be deemed
delivered and effective fifteen (15) calendar days after
such posting. Notices from you to us shall be by e-mail to
our appropriate e-mail address as specified on our website,
and shall be deemed delivered when received by e-mail, or
notices shall be in writing by first class mail to
BulkRegister, LLC, 10 East Baltimore Street Suite 1500,
Baltimore, MD 21202, and shall be deemed delivered five days
after deposit in the U.S. mail. The foregoing
notwithstanding, you understand and agree that any e-mails
received by us from any e-mail address provided to us or set
forth as a contact address (whether billing, technical or
administrative) with respect to your SLD name shall be
deemed to have been sent by you or your duly authorized
agent having the actual and apparent authority to act to
bind you. We intend to rely on any such correspondence.
25. General.
This Agreement, our fee schedule and the Dispute Policy,
together with all amendments or modifications to any of
them, constitute the complete and exclusive agreement
between you and us, and supersede and govern all prior or
concurrent proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as
creating any agency, partnership, or other form of joint
enterprise between you and us. Our failure to require your
performance of any provision hereof shall not affect the
right to require such performance thereafter; nor shall the
waiver by us of a breach of any provision hereof be taken or
held to be a waiver of the provision itself. In the event
that any provision of this Agreement is deemed unenforceable
or invalid, such unenforceability or invalidity shall not
affect the remainder of this Agreement, but such provision
shall be automatically amended and replaced with a provision
that is valid and enforceable and which achieves, to the
extent possible, our original objectives and intent as
reflected in the original provision. No provision of this
Agreement, including our fee schedule and the Dispute
Policy, may be amended or modified by you except by means of
a written document signed by us. We may modify this
Agreement at any time by posting such modification(s) on our
website. Such modifications will become effective 15
calendar days after posting. Your continued use of our
registration services after such modification(s) become(s)
effective constitutes your acceptance of those
modifications. If you do not agree to such a modification,
you may request that your SLD name(s) be cancelled or
transferred to another registrar. This Agreement shall not
confer any benefits upon any person or entity other than you
and BulkRegister, and shall not be construed to create any
obligation by BulkRegister to any non-party. |
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