End User Agreement
- In this agreement ("Agreement"), "Registrant", "You"
and "Your" refers to the Registrant of each Domain Name registration ("Requested
Domain"), "we", "us" and "our" refers to Mesh
Digital Limited, Domainbox Limited, our supplier and the Domain Name Registration
Service Provider ("Service Provider"). Any reference to "Registry"
or "Registry's" shall refer to the registry administrator of the applicable
top level Domain Name ("TLD"). The following conditions ("Conditions")
contained within this Agreement explain the additional TLD requirements imposed
by the Registry's, Us and other contracted parties. They are in addition to the
standard terms and conditions of the Reseller.
- .COM/NET DOMAIN NAMES:
- 2.1.In the case of a ".com" or ".net" Requested
Domain, the following terms and conditions will apply and be incorporated into the
Contract:
- 2.1.1.For the adjudication of disputes concerning or arising from use
of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile,
and (2) where Mesh Digital Limited, Domainbox Limited is head quartered, presently
Hayes, Middlesex, United Kingdom.
- 2.1.2.You agree to indemnify, defend and hold harmless the .COM .and
NET Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents,
and affiliates from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses arising out of or relating
to the registered name holder's Domain Name registration.
- .MOBI DOMAIN NAMES:
- 3.1.In the case of a ".mobi" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 3.1.1.You agree to indemnify to the maximum extent permitted by law,
defend and hold harmless mTLD Top Level Domain Limited ("Registry Operator"),
and its subsidiaries, affiliates, 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 Requested
Domain and or use, and this indemnification obligation shall survive the termination
or expiration of the Contract.
- 3.1.2.You acknowledge and agree that notwithstanding anything in the
Conditions to the contrary, the Registry Operator shall be an intended third party
beneficiary of the Contract. As such, You and We acknowledge and agree that the
third party beneficiary rights of the Registry Operator have vested and that the
Registry Operator has relied on its third party beneficiary rights under this Contract
in agreeing to Us being a registrar for the .mobi top-level Domain Name. Additionally,
the third party beneficiary rights of the Registry Operator shall survive any termination
or expiration of the Contract.
- 3.1.3.You agree to comply with ICANN requirements, standards, policies,
procedures and practices for which Registry Operator has monitoring responsibility
in accordance with the Registry's agreement with ICANN available at
http://www.icann.org/en/tlds/agreements/mobi/.
- 3.1.4.You agree to 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
You and consistent with the Registry's agreement with ICANN available at
http://www.icann.org/en/tlds/agreements/mobi/ which shall be effective upon
thirty days notice by the Registry Operator to Us.
- 3.1.5.You consent to the use, copying, distribution, publication, modification
and other processing of Your personal data by Registry Operator and its designees
and agents in a manner consistent with the purposes specified pursuant to .mobi
Registry policies and procedures available at www.mtld.mobi
and with relevant mandatory local data protection and privacy laws.
- 3.1.6.For the adjudication of disputes concerning or arising from use
of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile,
and (2) where Mesh Digital Limited is head quartered, presently Hayes, Middlesex,
United Kingdom.
- 3.1.7.You acknowledge and agree that the Registry Operator and Us,
acting in consent with the Registry Operator, reserves the right to deny, cancel
or transfer any registration that it deems necessary, in its discretion:
- 3.1.7.1.to protect the integrity and stability of the registry;
- 3.1.7.2.to comply with all applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute resolution process;
- 3.1.7.3.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;
- 3.1.7.4.for violations of the Conditions; or
- 3.1.7.5.to correct mistakes made by the Registry Operator or Us in
connection with a Requested Domain, and the Registry Operator also reserves the
right to "freeze" a Requested Domain during resolution of a dispute.
- 3.1.8.You acknowledge and agree that the Registry Operator must comply
with the requirements, standards, policies, procedures and practices set forth in
the .mobi Style Guide ("Style Guide") available at
www.mtld.mobi and consent to the monitoring of the website as described
in the .mobi Style Guide monitoring guidelines available at
www.mtld.mobi for compliance with the Style Guide. Furthermore, You acknowledge
and agree that this Style Guide is subject to modification by the Registry Operator
with any such changes appearing at the previously designated URL, and that You must
promptly comply with any such changes in the time allotted.
- .ORG DOMAINS:
- 4.1.In the case of a ".org" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 4.1.1.For the adjudication of disputes concerning or arising from use
of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile,
and (2) where Mesh Digital Limited is head quartered, presently Hayes, Middlesex,
United Kingdom.
- .INFO DOMAINS:
- 5.1.In the case of a ".info" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 5.1.1.You consent to the use, copying, distribution, publication, modification,
and other processing of Your personal data by Afilias, the .info Registry, and its
designees and agents, in a manner consistent with the purposes specified pursuant
to its contract with ICANN available at
http://www.icann.org/en/tlds/agreements/info/.
- 5.1.2.We and Afilias expressly reserve the right to deny, cancel, transfer,
or modify any registration that either We or Afilias deem necessary, at its discretion,
to protect the integrity and stability of the Registry, to comply with any applicable
law, any government rule or requirement, any request of law enforcement, any dispute
resolution process, or to avoid any liability, civil or criminal, on the part of
the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives,
directors, officers, managers, employees, consultants, and agents. The registrar
and Afilias also reserve the right to suspend a Requested Domain or its registration
data during resolution of a dispute.
- 5.1.3.For the adjudication of disputes concerning or arising from use
of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile,
and (2) where Mesh Digital Limited is head quartered, presently Hayes, Middlesex,
United Kingdom.
- .BIZ DOMAINS:
- 6.1.In the case of a ".biz" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 6.1.1.Registrations in the .biz Top Level Domain Name must be used
or intended to be used primarily for bona fide business or commercial purposes.
For the purposes of the .biz registration restrictions, "bona fide business
or commercial use" shall mean the bona fide use or bona fide intent to use
the Requested Domain or any content, software, materials, graphics or other information
thereon, to permit Internet users to access one or more host computers through the
DNS:
- 6.1.1.1.to exchange goods, services, or property of any kind;
- 6.1.1.2.in the ordinary course of business; or
- 6.1.1.3.to facilitate a) the exchange of goods, services, information
or property of any kind; or b) the ordinary course of trade or business.
- 6.1.2.You acknowledge and agree to abide by the further .biz restrictions
as set out at:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
- 6.1.3.You represent that to the best of the Your knowledge and belief:
- 6.1.3.1.neither the Requested Domain nor the manner in which it is
directly or indirectly to be used infringes upon the legal rights of a third party;
- 6.1.3.2.the Requested Domain is not being registered for nor shall
it at any time whatsoever be used for any unlawful purpose whatsoever;
- 6.1.3.3.the Requested Domain will be used primarily for bona fide business
or commercial purposes and not exclusively for personal use; or solely for the purposes
of selling, trading or leasing the Requested Domain for compensation, or the unsolicited
offering to sell, trade or lease the Requested Domain for compensation;
- 6.1.3.4.You have the authority to make the application for the Requested
Domain; and
- 6.1.3.5.the Requested Domain is reasonably related to Your business
or intended commercial purpose at the time of registration.
- 6.1.4.You shall ensure that the following information is true, current,
complete, and accurate at all times:
- 6.1.4.1.the IP addresses of the primary Name Server and any secondary
Name Server for the Requested Domain;
- 6.1.4.2.the corresponding names of the primary and secondary Name Servers;
and
- 6.1.4.3.any remark concerning the Requested Domain that should appear
in the Whois.
- 6.1.5.You agree and understand that the information required under
clause 4.1.4 of the General Conditions and clause 5.4 of these conditions will be
publicly available and accessible on the Whois as required by ICANN and/or other
Registry policies, and may be sold in bulk in accordance with the agreement between
Us and ICANN available at
http://www.icann.org/en/registrars/ra-agreement-21may09-en.htm.
- 6.1.6.You acknowledge and agree to be bound by the terms and conditions
of the Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available
at:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm
as amended from time to time;
- 6.1.7.You further acknowledge and agree that:
- 6.1.7.1.the UDRP and RDRP set forth the terms and conditions in connection
with a dispute between You and any party other than the Registry or Us over the
registration and use of a Requested Domain.
- 6.1.7.2.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
endorsed on a case-by-case, fact specific basis by an independent ICANN accredited
dispute provider.
- 6.1.8.For the adjudication of disputes concerning or arising from use
of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile,
and (2) where Mesh Digital Limited is head quartered, presently Hayes, Middlesex,
United Kingdom.
- ASIA DOMAINS:
- 7.1.In the case of a ".asia" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 7.1.1.You agree:
- 7.1.1.1.to release, defend, indemnify and hold Us, Our subsidiaries,
affiliates, shareholders, agents, directors, officers, employees harmless, from
and against any and all claims (including, but not limited to, claims of trademark
infringement or cybersquatting), demands, liabilities, losses, damages or costs,
including reasonable legal fees, arising out of or related in any way to, the Requested
Domain, and/or Your use of the Requested Domain to include without limitation any
act or omission made or taken by Us;
- 7.1.1.2.to comply with the ICANN requirements, standards, policies,
procedures and practices for which the .asia Registry has monitoring responsibility
in accordance with the agreement between ICANN and the .asia Registry available
at http://www.icann.org/en/tlds/agreements/asia/
or as notified to You by Us]; and
- 7.1.1.3.to comply with all the operational standards, policies, procedures
and practices for the .asia Registry as established from time to time in a non-arbitrary
manner by the .asia Registry.
- 7.1.2.You acknowledge and agree to be bound by the terms and conditions
of ICANN's Charter Eligibility Dispute Resolution Policy ("CEDRP") available
at https://www.icann.org/resources/pages/cedrp-2012-02-25-en
as amended from time to time.
- 7.1.3.You agree to submit to proceedings commenced under other dispute
resolution policies as set forth by the .asia Registry from time to time in the
Registry policies, including but not limited to expedited processes for suspension
of a domain name by claims sought by intellectual rights holders, internet engineering
and security experts or other competent claimants in the purpose of upholding the
stability, security and integrity of the .asia Registry.
- 7.1.4.For the adjudication of disputes concerning or arising from use
of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile,
and (2) where Mesh Digital Limited is head quartered, presently Hayes, Middlesex,
United Kingdom.
- ME DOMAINS:
- 8.1.In the case of a ".me" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 8.1.1.You acknowledge and agree:
- 8.1.1.1.to release, defend, indemnify and hold Us, Our subsidiaries,
affiliates, shareholders, agents, directors, officer and employees harmless, from
and against any and all claims (including, but not limited to, claims of trademark
infringement or cybersquatting), demands, liabilities, losses, damages or costs,
including reasonable legal fees, arising out of or related in any way to the Requested
Domain, and/or Your use of the Requested Domain; and
- 8.1.1.2.to comply with all the operational standards, policies, procedures
and practices for the .me Registry as established from time to time by the .me Registry
and that these are applicable to all registrars and domain name registrants. Any
changes to the Registry policies by the .me Registry that are consistent with the
Registry agreement shall be effective upon thirty (30) days' notice by the .me Registry
to Us.
- 8.1.2.You agree to submit to proceedings commenced under other dispute
resolution policies as set forth by the .me Registry from time to time in the Registry
policies, including but not limited to expedited processes for suspension of a domain
name by claims sought by intellectual rights holders, internet engineering and security
experts or other competent claimants in the purpose of upholding the stability,
security and integrity of the .me Registry.
- 8.1.3.For the adjudication of disputes concerning or arising from use
of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile,
and (2) where Mesh Digital Limited is head quartered, presently Hayes, Middlesex,
United Kingdom.
- .MX DOMAINS:
- 9.1.In the case of a ".mx" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 9.1.1.You agree:
- 9.1.1.1.to release, defend, indemnify and hold Us, Our subsidiaries,
affiliates, shareholders, agents, directors, officer and employees harmless, from
and against any and all claims (including, but not limited to, claims of trademark
infringement or cybersquatting), demands, liabilities, losses, damages or costs,
including reasonable legal fees, arising out of or related in any way to the Requested
Domain, and/or Your use of the Requested Domain.
- 9.1.2.to be bound by the terms and conditions of:
- 9.1.3.For the adjudication of disputes concerning or arising from use
of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile,
and (2) where Mesh Digital Limited is head quartered, presently Hayes, Middlesex,
United Kingdom.
- .TEL DOMAINS:
- 10.1.In the case of a ".tel" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 10.1.1.You agree:
- 10.1.1.1.to release, defend, indemnify and hold Us, Our subsidiaries,
affiliates, shareholders, agents, directors, officers and employees harmless from
and against any and all claims (including, but not limited to, claims of trademark
infringement or cybersquatting), demands, liabilities, losses, damages or costs,
including reasonable legal fees, arising out of or related in any way to, the Requested
Domain, and/or Your use of the Requested Domain; and
- 10.1.1.2.to be bound by the Polices and Procedures of the .tel Registry,
available at https://www.do.tel/policies/
- 10.1.2.For the adjudication of disputes concerning or arising from
use of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile,
and (2) where Mesh Digital Limited is head quartered, presently Hayes, Middlesex,
United Kingdom.
- .CC DOMAINS:
- 11.1.In the case of a ".cc" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 11.1.1.If You reserved or registered a Domain Name through Us, or transferred
a Domain Name to Us from another registrar, You agree to be bound by the .cc dispute
policy that is incorporated into these Conditions and can be found at
http://www.icann.org/dndr/udrp/policy.htm as amended from time to time.
- 11.1.2.You acknowledge and agree that by accepting the terms and conditions
of this agreement You shall be bound by the .cc Registry's Registrant Agreement,
the .cc Registry's policies and any pertinent rules or policies that exist now or
in the future and which are posted on the .cc Registry website at
https://www.verisign.com/en_US/channel-resources/become-a-registrar/verisign-domain-registrar/domain-registration/index.xhtml.
- 11.1.3.You are responsible for monitoring .cc Registry's site on a
regular basis. In the event that You do not wish to be bound by a revision or modification
to any .cc Registry policy, Your sole remedy is to cancel Your Requested Domain
by following the appropriate .cc Registry policy regarding such cancellation.
- .TV DOMAINS:
- 12.1.In the case of a ".tv" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 12.1.1.You acknowledge and agree:
- .UK, .CO.UK, .ORG.UK, LTD.UK, NET.UK, PLC.UK AND ME.UK DOMAINS:
- 13.1.In the case of a ".uk", "co.uk", ".org.uk", "ltd.uk",
"net.uk", "plc.uk", or "me.uk" Requested Domain, the
following terms and conditions will apply and be incorporated into the Contract:
- 13.1.1.The following definition shall apply in this clause:
- 13.1.1.1."Nominet UK" means the entity granted the exclusive
right to administer the registry for .uk Domain Name registrations.
- 13.1.2.You acknowledge and agree:
- 13.1.2.1.to be bound by Nominet UK's terms and conditions available
at www.nominet.uk/go/terms
as amended from time to time and the dispute policy also available at:
www.nominet.uk/go/terms as amended from time to time.
- 13.1.2.2.that Your Requested Domain shall be subject to suspension,
cancellation, or transfer pursuant to any Nominet UK adopted policy, term or condition,
or pursuant to any of Our or the Registry's procedures not inconsistent with a Nominet
UK adopted policy:
- 13.1.2.3.to correct mistakes by Us or the Registry in registering the
Requested Domain; or
- 13.1.2.4.for the resolution of disputes concerning the Requested Domain.
- 13.1.2.5.that We will act as agents on Your behalf by submitting Your
application to Nominet for You. However, You will still be entering into a direct
contract with Nominet UK as noted in Nominet UK's terms and conditions.
- 13.1.2.6.that by accepting Nominet UK's terms and conditions You are
consenting to Nominet using Your personal data for a variety of reasons and Nominet's
privacy policy is available at
www.nominet.uk/go/terms. In particular,
Your name and address may be published as part of Nominet's Whois look-up service.
- 13.1.2.7.that any transfer of ownership in and to a Requested Domain
shall be affected in accordance with Nominet UK policies and procedures.
- .US DOMAINS:
- 14.1.In the case of a ".us" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 14.1.1.The following definitions shall apply in this clause:
- 14.1.1.1."DOC" means the United States of America Department
of Commerce.
- 14.1.1.2."Registry Operator" means Neustar, Inc., the company
authorized to facilitate the registration of .us Domain Names.
- 14.1.2.You acknowledge and agree that only those individuals or organizations
that have a substantive lawful connection in the United States are permitted to
register for .us Domain Names. Those wishing to register .us Domain Names must satisfy
the nexus requirement ("Nexus" or "Nexus Requirements") set
out at: http://www.about.us/policies/ustld-nexus-requirements.
- 14.1.3.You represent that:
- 14.1.3.1.You have and shall continue to have, a bona fide presence
in the United States on the basis of real and substantial lawful contacts with,
or lawful activities in, the United States as defined in clause 23.2;
- 14.1.3.2.the listed Name Servers are located within the United States;
- 14.1.3.3.You have the authority to enter into this Contract.
- 14.1.4.You acknowledge and agree:
- 14.1.4.1.to be bound by the following policies, procedures, terms and
conditions:
- 14.1.4.2.The Nexus Dispute Policy ("Dispute Policy"), available
at http://www.about.us/policies/ustld-rapid-suspension-dispute-policy
as amended from time to time;
- 14.1.4.3.The usTop Level Domain Dispute Resolution Policy ("usDRP")
available at http://www.about.us/policies/ustld-dispute-resolution-policy
as amended from time to time.
- 14.1.4.4.that, for the adjudication of disputes concerning or arising
from use of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (i) of Your domicile
and (ii) the United States.
- 14.1.4.5.that the Requested Domain shall be subject to suspension,
cancellation, or transfer pursuant to any Registry Operator, DOC or government-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent with
a DOC or government adopted policy:
- 14.1.4.6.to correct mistakes by Us or the applicable Registry in registering
the Requested Domain; or
- 14.1.4.7.for the resolution of disputes concerning the Requested Domain.
- 14.1.5.You agree to release, defend, indemnify and hold Us and DOC,
or either of Our or DOC's subsidiaries, affiliates, shareholders, agents, directors,
officers and employees harmless, from and against any and all claims (including,
but not limited to, claims of trademark infringement or cybersquatting), demands,
liabilities, losses, damages or costs, including reasonable legal fees, arising
out of or related in any way to the Requested Domain, and/or Your use of the Requested
Domain.
- 14.1.6.You shall ensure that the IP addresses and names of the primary
Name Server and any secondary Name Server(s) for the Requested Domain is true, current,
complete and accurate at all times.
- 14.1.7.You shall comply with the Nexus Information requirements as
set out at
http://www.about.us/policies/ustld-nexus-requirements.
- 14.1.8.You further agree and acknowledge that:
- 14.1.8.1.We will make Domain Name registration information You provide
available to the DOC, to the Registry Operator, and to other third parties as applicable.
- 14.1.8.2.We may make publicly available, or directly available to third
party vendors, some, or all, of the Domain Name registration information You provide,
for purposes of inspection (such as through our Whois service) or other purposes
as required or permitted by the DOC and other applicable laws.
- 14.1.9.You hereby consent to any and all disclosures under this clause
and the use of information provided by You in connection with the registration of
the Requested Domain (including any updates to such information), whether during
or after the term of Your registration of the Requested Domain. You hereby irrevocably
waive any and all claims and causes of action You may have arising from such disclosure
or use of Your Requested Domain information by Us.
- .CO DOMAINS:
- 15.1.In the case of a ".co" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 15.1.1.You agree to
- 15.1.1.1.release, defend, indemnify and hold Us, Our subsidiaries,
affiliates, shareholders, agents, directors, officers and employees harmless from
and against any and all claims (including, but not limited to, claims of trademark
infringement or cybersquatting), demands, liabilities, losses, damages or costs,
including reasonable legal fees, arising out of or related in any way to, the Requested
Domain, and/or Your use of the Requested Domain.
- 15.1.1.2.to be bound by the Polices and Procedures of the .co Registry,
available at https://www.cointernet.com.co/politicas-y-procedimientos/
- 15.1.2.For the adjudication of disputes concerning or arising from
use of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile,
and (2) where Mesh Digital Limited is head quartered, presently Hayes, Middlesex,
United Kingdom.
- .XXX DOMAINS:
- 16.1. In the case of a ".xxx" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 16.2. You agree:
- 16.2.1. to release, defend, indemnify and hold Us, Our subsidiaries,
affiliates, shareholders, agents, directors, officers and employees harmless from
and against any and all claims (including, but not limited to, claims of trademark
infringement or cybersquatting), demands, liabilities, losses, damages or costs,
including reasonable legal fees, arising out of or related in any way to, the Requested
Domain, and/or Your use of the Requested Domain.
- 16.2.2. and acknowledge that in order to own a .xxx Domain Name you
must be a member of the Adult Community as defined by the .xxx Registry on their
website at http://www.icmregistry.com/
- 16.2.3. to be bound by the Polices and Procedures of the .xxx Registry,
available on their website at http://www.icmregistry.com/
- 16.3. For the adjudication of disputes concerning or arising from use
of the Requested Domain, You shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile,
and (2) where Mesh Digital Limited is head quartered, presently Hayes, Middlesex,
United Kingdom.
- .AT DOMAINS:
- 17.1. In the case of a ".at" Requested Domain, the following
terms and conditions will apply and be incorporated into the Contract:
- 17.2. You agree:
- 17.2.1. to acknowledge and understand that by accepting the terms and
conditions of this agreement You shall be bound by the .at Registry policies and
any pertinent rules or policies that exist now or in the future and which are posted
on the .at Registry website at
https://www.nic.at/en/terms.
- 17.2.2. to be responsible for monitoring the .at Registry's site on
a regular basis. In the event that You do not wish to be bound by a revision or
modification to any .at Registry policy, Your sole remedy is to cancel Your Requested
Domain by following the appropriate .at Registry policy regarding such cancellation.
- .DE DOMAINS:
- 18.1. In the case of a ".de" Requested Domain, the following terms and conditions
will apply and be incorporated into the Contract:
- 18.2. You represent that:
- 18.3. You acknowledge and agree:
- 18.3.1. that if the registration or reservation of the Requested Domain
is challenged by a third party, You will be subject to the provisions specified
by the Registry or any court of law.
- 18.3.2. that in the event a dispute arises with any third party in
relation to a Requested Domain, You will indemnify and hold Us harmless pursuant
to the terms and conditions specified by the Registry or any court of law.
- 18.3.3. to be bound by the following terms and conditions:
English language translations of the .de Registry's documents are provided for convenience
and in the event of a discrepancy between the English and the German language terms
and conditions, the terms of the German agreement will prevail.
- .NZ DOMAINS:
- 19.1. The Registrar's Obligations
We agree that we will:
- 19.1.1. comply with all .nz policies and accurately represent these to you;
- 19.1.2. disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
- 19.1.3. comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
- 19.1.4. process any new .nz domain name registrations with the registry within 2 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 09:00 GMT - 23:00 GMT, and otherwise within 4 hours;
- 19.1.5. notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
- 19.1.6. arrange for correction of any error in the information in the register about any domain name registered to you when requested;
- 19.1.7. provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
- 19.1.8. use your personal information only as authorised by you;
- 19.1.9. take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
- 19.1.10. comply with any order of any authority having jurisdiction regarding any domain name registered to you;
- 19.1.11. use our best endeavours to deal with any complaints you may have about the services we provide for you.
- 19.2. The Registrant's Obligations
You agree that you will:
- 19.2.1. comply with the .nz policies. You agree that you have read and understood the current policies;
- 19.2.2. make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
- 19.2.3. keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
- 19.2.4. satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
- 19.2.5. ensure that you only use our services for a lawful purpose;
- 19.2.6. ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
- 19.2.7. ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
- 19.2.8. protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
- 19.2.9. Duties of Other Persons: You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
- 19.3.Registration of a Domain Name
When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
- 19.3.1. that the following information becomes available to any member of the public:
- your name,
- your contact details and
- the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
- 19.3.2. the domain name is registered in your name only because no other person has it according to the records of the register; and
- 19.3.3. neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
- 19.3.4. that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
- 19.4. Register is the Record
For all purposes the details shown in the register shall be treated as correct and the authoritative record.
- 19.5. Payment of Fees
- 19.5.1. You agree to pay for the services we provide for you.
- 19.5.2. If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
- 19.5.3. We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
- 19.5.4. Our usual fees are for Domain Registration and Management. We may also charge for other associated services provided by us. We will tell you before any additional charge is incurred.
- 19.5.5. Prices will be in the stated currency, and may be applicable to local taxes.
- 19.6. Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we may:
- cancel registration of that domain name; or
- refuse to provide a service you request.
- 19.7. Cancellation of a Domain Name
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
- 19.8. Exclusion of Liability
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
- 19.8.1. InternetNZ, the registry and any other entity we are in any business relationship with;
- 19.8.2. every officer, employee, contractor, agent of us or any entity in clause 19.8.1;
- 19.8.3. anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever way liability might arise.
This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
- 19.9. Limitation of our Liability
We have excluded all other liability we or any of the persons specified in clause 19.8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 19.8 then this clause applies.
Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.
- 19.10. Law and Jurisdiction Applying to this Agreement
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 19.14 says otherwise.
To the extent legally permitted:
- 19.10.1. all our services are provided under New Zealand law;
- 19.10.2. any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
- 19.10.3. except as otherwise stated, you may take action against us only in a New Zealand court;
- 19.10.4. where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
- 19.11. Cancelling the Agreement
- 19.11.1. We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
- 19.11.2. We may end the agreement for any other reason by giving you one month's notice.
- 19.12. More Than One Person
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
- 19.13. Each Clause Separately Binding
Each clause of the agreement you have with us is separately binding.
If for any reason we, you, or any of the persons specified in clause 19.8 cannot rely on any clause, all other clauses of it are binding.
- 19.14. Rights and Responsibilities that Continue
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 19.2, 19.4 - 19.10, 19.12 - 19.13, and this clause 19.14.
- 19.15. Upon registration of a .nz domain and in the event of a discrepancy between the general domain terms and the .nz terms and conditions, the .nz terms will prevail.
- .PL DOMAINS:
- 20.1. In the case of a ".pl" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 20.2. You agree that you will comply with the .pl policies, and You agree that you have read and understood the Domain Name Regulations as stipulated by NASK for 2nd and 3rd level .pl domain names.
- .LT DOMAINS:
- 21.1. In the case of a ".lt" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 21.2. You agree that you will comply with the .lt policies, and You agree that you have read and understood the current procedural regulation.
- .PRO DOMAINS:
- 22.1. In the case of a ".pro" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 22.2.You agree to indemnify, defend and hold harmless the .PRO Registry Operator and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the registered name holder's Domain Name registration.
- 22.3. You agree that you will comply with the .pro Anti-Abuse policy.
- nTLD APPLICATIONS:
- 23.1. For all domain extensions applied for during the first round of nTLD applications: .ACADEMY, .ACCOUNTANTS, .ACTOR, .AGENCY, .ARCHI, .ASSOCIATES, .BAR, .BARGAINS, .BERLIN, .BEST, .BID, .BIKE, .BIO, .BLACKFRIDAY, .BLUE, .BOUTIQUE, .BUILD, .BUILDERS, .BUZZ, .CAB, .CAMERA, .CAMP, .CAPITAL, .CARDS, .CARE, .CAREERS, .CASH, .CATERING, .CENTER, .CEO, .CHEAP, .CHRISTMAS, .CHURCH, .CLAIMS, .CLEANING, .CLINIC, .CLOTHING, .CLUB, .CODES, .COFFEE, .COLOGNE, .COMMUNITY, .COMPANY, .COMPUTER, .CONDOS, .CONSTRUCTION, .CONSULTING, .CONTRACTORS, .COOKING, .COOL, .COUNTRY, .CREDIT, .CREDITCARD, .CRUISES, .DANCE, .DATING, .DEMOCRAT, .DENTAL, .DIAMONDS, .DIGITAL, .DIRECT, .DIRECTORY, .DISCOUNT, .DOMAINS, .EDUCATION, .EMAIL, .ENGINEERING, .ENTERPRISES, .EQUIPMENT, .ESTATE, .EVENTS, .EXCHANGE, .EXPERT, .EXPOSED, .FAIL, .FARM, .FINANCE, .FINANCIAL, .FISH, .FISHING, .FITNESS, .FLIGHTS, .FLORIST, .FOUNDATION, .FUND, .FURNITURE, .FUTBOL, .GALLERY, .GIFT, .GLASS, .GRAPHICS, .GRATIS, .GRIPE, .GUIDE, .GUITARS, .GURU, .HAUS, .HOLDINGS, .HOLIDAY, .HORSE, .HOUSE, .IMMOBILIEN, .INDUSTRIES, .INK, .INSTITUTE, .INSURE, .INTERNATIONAL, .INVESTMENTS, .JETZT, .KAUFEN, .KIM, .KITCHEN, .KIWI, .KOELN, .LAND, .LEASE, .LIFE, .LIGHTING, .LIMITED, .LIMO, .LINK, .LOANS, .LONDON, .LUXURY, .MAISON, .MANAGEMENT, .MARKETING, .MEDIA, .MENU, .MODA, .MOE, .NAGOYA, .NINJA, .ONL, .PARTNERS, .PARTS, .PHOTO, .PHOTOGRAPHY, .PHOTOS, .PICS, .PICTURES, .PINK, .PLACE, .PLUMBING, .PRODUCTIONS, .PROPERTIES, .PUB, .QPON, .RECIPES, .RED, .REISEN, .RENTALS, .REPAIR, .REPORT, .REST, .REVIEWS, .RICH, .ROCKS, .RODEO, .RUHR, .SCHULE, .SERVICES, .SEXY, .SHIKSHA, .SHOES, .SINGLES, .SOCIAL, .SOLAR, .SOLUTIONS, .SUPPLIES, .SUPPLY, .SUPPORT, .SURGERY, .SYSTEMS, .TATTOO, .TAX, .TECHNOLOGY, .TIENDA, .TIPS, .TODAY, .TOKYO, .TOOLS, .TOWN, .TOYS, .TRADE, .TRAINING, .UNIVERSITY, .UNO, .VACATIONS, .VENTURES, .VIAJES, .VILLAS, .VISION, .VODKA, .VOTING, .VOYAGE, .WATCH, .WEBCAM, .WIKI, .WORKS, .WTF, .XYZ, .YOKOHAMA, .ZONE the following terms and conditions will apply and be incorporated into the Contract:
- 23.2.You agree to indemnify to the maximum extent permitted by law, defend and hold harmless the Registry Operator, and its subsidiaries, affiliates, 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 Requested Domain and or use, and this indemnification obligation shall survive the termination or expiration of the Contract.
- 23.3. You agree that You shall not enter into any settlement or compromise of any such indemnifiable claim without Our prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.
- 23.4. To the extent permitted under applicable law, You consent to the use, copying, distribution, publication, modification and other processing of Your Personal Data by the Registry Operator.
- 23.5. Additionally for the following Regulated TLDs You agree to the following additional terms:
- 23.5.1. For registration under .GAMES, .JUEGOS, .SCHOOL, .SCHULE, .TOYS, .ECO, .CARE, .DIET, .FITNESS, .HEALTH, .CLINIC, .DENTAL, .HEALTHCARE, .CAPITAL, .CASH, .BROKER, .CLAIMS, .EXCHANGE, .FINANCE, .FINANCIAL, .FUND, .INVESTMENTS, .LEASE, .LOANS, .MARKET, .MONEY, .TRADING, .CREDIT, .INSURE, .TAX, MORTGAGE, .DEGREE, .MBA, .AUDIO, .BOOK, .BROADWAY, .FILM, .MOVIE, .MUSIC, .SOFTWARE, .FASHION, .VIDEO, .APP, .ART, .BAND, .CLOUD, .DATA, .DESIGN, .DIGITAL, .FAN, .FREE, .GRATIS, .DISCOUNT, .SALE, .MEDIA, .NEWS, .ONLINE, .PICTURES, .RADIO, .SHOW, .THEATER, .TOURS, .ACCOUNTANTS, .ARCHITECT, .ASSOCIATES, .BROKER, .LEGAL, .REALTY, .VET, .ENGINEERING, .LAW, .LIMITED, .TOWN, .CITY, .REISEN you agree:
- 23.5.1.1. To comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
- 23.5.1.2. To comply with all applicable laws; and
- 23.5.1.3. If collecting and maintaining sensitive health and financial data to implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
- 23.5.2. For registration under .SURGERY, .DENTIST, .HOSPITAL, .MEDICAL, .DOCTOR, .CREDITCARD, .INSURANCE, .BET, .BINGO, .POKER, .CASINO, .CHARITY, .UNIVERSITY, .ATTORNEY, .CPA, .LAWYER, .CORP, .GMBH, .INC, .LLC, .LTD, .SARL, .FAIL, .GRIPE, .SUCKS, .WTF you agree to:
- 23.5.2.1. Provide administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business;
- 23.5.2.2. Represent that the You possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly-regulated TLD; and
- 23.5.2.3. Report any material changes to the validity of Your authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly-regulated TLD to ensure You continues to conform to the appropriate regulations and licensing requirements and generally conduct their activities in the interests of the consumers they serve.
- 23.5.3. For registration under .ARMY, .NAVY, .AIRFORCE you agree:
- 23.5.3.1. To represent that the You will not misrepresenting or falsely imply that You or Your business affiliated with, sponsored or endorsed by one or more country's or government's military forces if such affiliation, sponsorship or endorsement does not exist.
- 23.5.2.2. Pursuant to Australian Defence Regulation 1957, No. 16, individuals and businesses, who are subject to Australian law, are prohibited from using the words "Navy" and "Air Force" in connection with a trade or business.
- .Wien DOMAINS:
- 24.1. In the case of a ".wien" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 24.2.You understand and agree that the following persons are eligible for registration of a Registry TLD: any natural person, legal person, organization or association intending to show an economic, cultural, tourist, historical, social or other affinity with the Austrian federal capital: WIEN [Vienna].
- 24.3.There is no verification procedure carried out at the point of registration to verify whether You have the required relations to Vienna, however fulfilment of the nexus conditions can be reviewed by initiating alternative dispute resolution procedures ("Eligibility Requirements Dispute Resolution Policy", available at https://www.nic.wien/wien/policies/de/20140219_erdrp-regeln_de_v1.pdf).
- .ZA, .AFRICA, .CAPETOWN, .DURBAN, .JOBURG DOMAINS:
- 25.1. In the case of a ".ZA" , ".AFRICA", ".CAPETOWN", ".DURBAN", ".JOBURG" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 25.2.The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a first-come-first served basis (unless the Application is made as part of the Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant's right to utilise such name.
- 25.3.The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.
- 25.4. Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.
- 25.5 Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 4.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant's name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.
- 25.6 The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of the Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result.
- 25.7 Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant's expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.
- 25.8 You acknowledge and agree to be bound by registration terms published at https://www.registry.net.za
- .ES DOMAINS:
- 26.1. In the case of a ".es" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 26.2. You agree that you will comply with the .es policies, and You agree that you have read and understood the Domain Name Regulations as stipulated by Red.es for 2nd and 3rd level .es domain names.