1. INTRODUCTION. In this Registration Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to Name.com LLC and "VeriSign" refers to VeriSign, Inc and all applicable registries. This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting our service(s) you have agreed to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional service(s) or to modify or cancel your service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in Denver, Colorado, the location of our principal place of business.
2. VARIOUS SERVICES. Paragraphs 1 through 26 are applicable to any and all of the services you have chosen. The terms and conditions set forth in the lettered paragraphs at the end of this Agreement apply only to customers who have selected services other than our domain name registration services.
3. FEES, PAYMENT AND TERM OF SERVICE. As consideration for the services you have selected, you agree to pay us the applicable service(s) fees set forth on our Web site at the time of your selection. All fees are due immediately and are non-refundable. We may take all remedies available to us in order to collect fees owed. Unless otherwise specified, each service purchased from us is for a two-year initial term and renewable in perpetuity thereafter for successive one-year terms. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal and in the case of domain name re-registration, the domain name registry's acceptance of your domain name registration. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us.
4. ACCURATE INFORMATION. As further consideration for our service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party's personal data has been collected, (ii) the intended recipients or categories of recipients of the third party's personal data, (iii) which parts of the third party's data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. Even if you intend to license the use of our domain name registration services to a third party, you will remain our customer and you are responsible for complying with all terms and conditions of this Agreement. Subject to the requirements of our privacy statement, in order for us to comply with the current rules and policies for the domain name system, you hereby grant us the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. You consent to the use, copying, distribution, publication, modification and other processing of the registered name holder's personal data by us and our designees and agents. We are also required, as are all accredited domain name registrars, to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
5. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on our Web site. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to be aware of any such revisions.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Number and the Password that you selected if you opened your account with us through our online application process. Please safeguard your Account Number and Password or security authentication option from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Number or Password or security authentication option.
7. DOMAIN NAME DISPUTE RESOLUTION POLICY. If you reserved or registered a domain name through us, you agree to be bound by our current domain name dispute resolution policy that is incorporated herein and made a part of this Agreement by reference. The policy has been adopted by the Internet Corporation for Assigned Names and Numbers (ICANN). The current version of the dispute policy may be found at our web site: http://www.name.com/dispute_policy.php. Please take the time to familiarize yourself with that policy. Furthermore you agree to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP").
8. DOMAIN NAME DISPUTE RESOLUTION POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
9. 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 resolution 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 prohibit you from making 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 in a holding account until such litigation is concluded.
10. 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 or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she 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 domain name record incorrectly.
11. NOTICES AND ANNOUNCEMENTS. You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please send us an email at support@name.com.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any service(s) provided by us under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). Name.com LLC and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your inability to use our service; (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration (renewal) fee; or (10) loss or liability as a result of the application of our dispute policy.
13. INDEMNITY. You agree to release, indemnify, and hold us, in our capacities as the registry and a registrar, and our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising under this Agreement, the services provided hereunder or your use of the our services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, of any intellectual property or other proprietary right of any person or entity, or a violation of any of our operating rules or policies relating to the service(s) provided. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.
VERISIGN INDEMNITY. You hereby agree to indemnify, defend and hold harmless 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 your domain name registration.
PIR INDEMNITY. You hereby agree to indemnify, defend and hold harmless PIR (Public Interest Registry) and its subcontractors, shareholders, directors, officers, employees, affiliates 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 domain name registration. This indemnification obligation shall survive the termination or expiration of this Agreement.
AFILIAS INDEMNITY. You hereby agree to indemnify, defend and hold harmless Afilias and its subcontractors, shareholders, directors, officers, employees, affiliates 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 domain name registration. This indemnification obligation shall survive the termination or expiration of this Agreement.
14. BREACH. You agree that your failure to abide by any provision of this Agreement, any of our operating rules or policies, the dispute resolution policy, or your willful provision of inaccurate or unreliable information as part of the application process, or your failure to update your information to keep it current, complete or accurate, or your failure to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy of the contact details associated with your domain name registration, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name and/or terminate any other services you are using without further notice. We will not refund any fees paid by you if we terminate your Agreement due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
15. NO GUARANTY. You agree that registration alone of your chosen domain name does not confer immunity from objection to either the registration or use of your domain name.
16. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other Name.com LLC service(s) is, to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided to us in a timely manner according to the modification procedures in place at that time, (ii) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of a third party, (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iv) you have selected the necessary security option(s) for your domain name registration record, and (v) you are of legal age to enter into this Agreement. You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is" and "as available" basis.
17. DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
18. REVOCATION. You agree that we may terminate your contractual right to use our service(s) if the information that you are obligated to provide to register your domain name or register for other service(s), or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain name registration services. Furthermore, you agree that we may suspend, cancel or transfer your domain name registration (and any additional services) in order to: (i) correct mistakes made by us or the registry in registering your chosen domain name, or (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate your services.
19. RIGHT OF REFUSAL. You agree that we may, in our sole discretion and without liability to you, refuse to accept the registration of any domain name. We also may in our sole discretion and without liability to you,delete the registration of any domain name during the first sixty days after registration has taken place. In the event that we refuse a domain name registration, or delete an existing registration during the first sixty days after the initial registration date, you will receive a refund of fees paid to us for such registration. We may also cancel the registration of a domain name, after the initial sixty-day period, if that name is being used in association with spam or objectionable (either morally or otherwise) activities. Objectionable activities may include, but are not limited to: activities designed to defame, abuse, threaten, or harass third parties; activities prohibited by the laws of the United States; activities prohibited in foreign territories in which you conduct business; activities designed to encourage unlawful behavior by others; activities that are tortuous, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; and activities designed to impersonate the identity of a third party. In the event that we delete the registration of a domain name being used in association with spam or objectionable activities, no refund will be issued.
20. DOMAIN NAME EXPIRATION; GRACE PERIOD; IP ADDRESS CHANGES; RENEWAL AND TRANSFER. You agree that we may, but are not obligated to, allow you to renew your domain name after its expiration date has passed. You agree that after the expiration date of your domain name registration and before it is deleted or renewed, we may direct your domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a .Future Home Of.... temporary page that may include, among other things, advertisements for Name.com's products or services, third party advertisements, and interfaces to other web pages including search engines. You agree that we may place our contact information in the WHOIS output for the expired domain name. Should you choose not to renew your domain name during any applicable grace period, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party.
21. PARKED DOMAINS. Every time you register a domain name with Name.com, your name will be pointed to our "Future Home of...." page, which acts as a place holder for your domain name's future web page. This page may contain third-party advertisements, links to other products and services offered by Name.com, and interfaces to other web pages, including search engines, among other things. You will not receive notice regarding the additional content located on the Future
Home Of page, and such content may be modified at any time. If you would like a preview of such a Future Home Of page, click here. If you have any objection to having your newly registered domain name pointed to a Future Home Of page, please let our Customer Service department know by clicking here.
22. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
23. ENTIRETY. You agree that this Agreement, the rules and policies published by us, including without limitation our dispute resolution policy and our privacy statement, are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules, and all of our policies supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
24. TRANSFER AND ASSIGNMENT. You may transfer your domain name registration to a third party of your choice, subject to the procedures and conditions provided herein. Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.
25. GOVERNING LAW; VENUE. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the United States of America and the State of Colorado, as if this Agreement shall have been entered into and performed in its entirety within such state. You agree that any action relating to or arising out of this Agreement, or any matter relating to your use of our website, shall be brought in the United States District Court for the District of Colorado or, if there is no jurisdiction in such court, then in a Colorado state court located within the City and County of Denver, Colorado. Notwithstanding the foregoing, with respect to the adjudication of disputes between you and a third party regarding the use of any domain names registered pursuant to this Agreement, you agree that you shall (a) abide by the terms of the Uniform Domain Name Dispute Resolution Policy (the .UDRP.) (as described in our dispute resolution policy) or any similar ccTLD policy, and (b) submit to the jurisdiction of (i) the courts of the state where you reside, and (ii) the courts of the State of Colorado, located within the City and County of Denver.
26. AGREEMENT TO BE BOUND. By applying for service(s) through our online application process or by applying for and registering a domain name as part of our e-mail template application process or by using the service(s) provided by us under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.
27. Name.com Domain Name Aftermarket Services & Premium Domains Agreement
1. Introduction
1.1. This Domain Name Aftermarket Services and Premium Domains Agreement ("Aftermarket Services Agreement") sets forth the terms and conditions under which Name.com LLC.
("Name.com ") agrees to provide you ("Buyer") with Domain Name Aftermarket Services ("the Aftermarket Services").
1.2. By using the Aftermarket Services, the Buyer acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this Aftermarket Services
Agreement.
2. Description of Aftermarket Services
2.1. Name.com serves to provide a venue and facilitates the transaction process for the sale of Aftermarket Domain Names.
2.2. Name.com acts as a sales agent and shall assist the sale of the Domain Name(s) between the Buyer and the Seller. Buyer acknowledges that Name.com does not act as a trustee,
fiduciary or escrow with respect to Buyer's payment.
2.3. By initiating and sending payments through the Aftermarket Service, Buyer agrees that Name.com shall transfer funds on Buyer's behalf to the Seller.
2.4. Buyer acknowledges that Name.com is not responsible for payments refused by Seller.
2.5. Domain Names purchased through the Aftermarket Service may not be transferred away from Name.com to another registrar for a period of sixty (60) days following the date of
change of ownership from Seller to Buyer.
3. Payment
3.1. Buyer agrees to pay the full purchase price and all applicable fees for any Domain Name(s) selected for purchase through Name.com. Name.com will not process a Domain Name
sale until all funds have been received, the funds have cleared, and any requested supplemental identification or authorization has been received.
3.2. In the event of a chargeback on a transaction, Name.com will assume full control of the Domain Name(s) purchased through said transaction.
3.3. All payments of fees for the Aftermarket Service(s) provided by Name.com shall be made in U.S. dollars.
3.4. All fees are non-refundable and all sales are final.
4. Registration Agreement
4.1. Buyer acknowledges and agrees that Domain Names subject to this Aftermarket Services Agreement are additionally subject to the terms and conditions of Name.com's Domain Name
Registration Agreement.
A. Additional Provisions for RegistryPro .Pro registration and Use (all terms as defined in the Registry.Pro Registration Agreement):
a) You represent and warrant that the data provided in the Registered Name or Defensive Registration application is true, correct, up to date, and complete; and that the registrant will at all times during the term of its registration keep the information provided above up to date;
b) You represent and warrant that the registration satisfies the applicable .pro restrictions at the time of registration;
c) You represent and warrant that the Registered Name registration satisfies the digital security requirements stated in Appendix L of the Registry Agreement;
d) You agree to be subject to the Qualification Challenge Policy and the Uniform Domain Name Dispute Resolution Policy (the "UDRP");
e) You agree not to make any representation to any person or entity that expressly or impliedly conveys that the registration of the Registered Item in any way signifies or indicates that the Registered Item Holder possesses any general or specific professional qualifications, including, but not limited to, professional qualifications in a particular field;
f) You certify that the Registered Item Holder has the authority to enter into the registration agreement;
g) For applications during the Sunrise Period, you certify that the registration qualifies for a Sunrise Registration, as set forth in Appendix J of the Registry Agreement.
h) For Intellectual Property Defensive Registrations, including Sunrise Registrations, you agree to be subject to the Intellectual Property Challenge Defensive Registration Challenge Policy.
i) You agree to the use, copying, distribution, publication, modification and other processing of Registered Item 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 of this Agreement.
j) You acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period including, without limitation: (i) the ability or inability of any registrant to obtain a Registered Item during these periods, and (ii) the results of any dispute over a Sunrise Registration.
k) You acknowledge that the Registrar reserves the right to reject any application to register a Registered Item for any reason or no reason, including but not limited to if either Registrar or Registry Operator reasonably believes it does not satisfy the conditions for a Registrations (including, the Sunrise Registration Conditions or .pro eligibility requirements).
You, as the Registered Item Holder, acknowledge having 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/dndr/udrp/policy.htm
(ii) (For registration agreements relating to Intellectual Property Defensive Registrations, including Sunrise Registrations:)The Intellectual Property Defensive Registration Challenge, available at http://www.icann.org/dndr/prosdrp/policy.htm;
(iii) The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm;
(iv) The .pro TLD restriction requirements;
(v) For registrations of Registered Names, the .pro TLD digital certification requirements;
(vi) Procedures for any applicable Verification Toolkit.
l) You agree to the use, copying, distribution, publication, modification and other processing of Registered Name Holder.s Personal Data by RegistryPro and its designees and agents in a manner consistent with the purposes specified pursuant to Section 2.6 of this Agreement.
m) You represent and warrant that you meet the applicable .Pro registration
requirements within the Jurisdiction and agrees that, during the term of the registration, it will continue to meet such requirements and that it will promptly notify the Registrar if it no longer meets such requirements.
n) You acknowledge that RegistryPro is a third party beneficiary of the
Registration Agreement with the right to enforce those provisions of the Registration Agreement that affect it.
o) You acknowledge that Registrar shall be solely responsible for providing
Applicant with services with respect to (a) its application for a Registered Name and (b)in the event such application is accepted, for all ongoing services with respect to its issued Registered Name. Applicant further acknowledges that RegistryPro shall have no obligation to provide such services to Applicant. Applicant agrees that it has no contractual relationship whatsoever with RegistryPro and that Applicant is not a third party beneficiary of any agreement between RegistryPro and Registrant. Applicant further agrees that RegistryPro will have no legal, equitable or other liability of any kind to Applicant.
p) Applicant acknowledges that if, pursuant to the performance of the initial
verification services or annual reverification services, Registrar determines that Applicant does not meet or does not continue to meet the applicable .Pro registration requirements, Registrar shall be entitled to retain a processing fee of $150 in connection with the performance of the initial verification services and $150 in connection with the performance of the annual reverification services.
You, as the Registered Item Holder, represent and warrant that, at all times during the term of Registered Item registration, you meet the .pro registration requirements set forth by Registry Operator for the registration of the Registered Item Holder's registration. The Registered Item Holder is required to provide prompt notice to Registrar if you fail to meet such registration requirements. Registrar and/or Registry Operator shall have the right to immediately and without notice to Registered Item Holder, suspend, cancel or modify a Registered Item Holder's registration if, at any time, the Registered Item Holder fails to meet the registration requirements for such domain name or Defensive Registration.
Pro registrants self-certify that they are professionals and neither this organization nor the Registry Operator can attest to its accuracy. The relevant jurisdiction.s licensing body or office of professionals should be contacted to obtain information about a .Pro registrant.s licensing status and qualifications. Neither this organization nor RegistryPro (the operator of the .Pro registry) is (i) a referral service, a partner with, or agent of any .Pro registrant (nor is there any endorsement of any .Pro registrant, the content on a .Pro web site or advice given by a .Pro registrant); or (ii)giving any legal, medical, accounting or other professional advice.
The data contained in RegistryPro.s WHOIS database, including but not limited to data regarding a registrant.s stated profession, is provides .as is. with no guarantee or warranties regarding its timeliness or accuracy. For information about Digital Certificates please see the .Pro Certificate Practices Statement, available at www.registrypro.com
B. Additional Provisions for .Name TLD Registration and Use
a) You represent and warrant that every registration you are applying for in the .name top-level domain ("TLD") satisfies the eligibility requirements ("Eligibility Requirements") established by Global Name Registry Ltd., the registry for the .name TLD, which are available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
b) You agree that every service for which you register is subject to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") and the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), which are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
c) In addition to any of the other limitations of liability contained herein, you agree that neither the .name registry nor Name.com LLC shall have any liability of any kind for any loss or liability resulting from the processing of registration requests prior to live SRS or any dispute over any Registered Name, SLD E-mail Address, Defensive Registration, or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.
C. Additional Provisions for .info Registrations
Registered Name Holder indemnifies, defends and holds harmless Afilias Limited, the .INFO 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. This indemnification obligation survives the termination or expiration of the registration agreement.
As the Registered Name Holder of a .info name you agree to:
(i) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Afilias Limited, the .INFO Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6;
(ii) submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
(iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
(iv) acknowledge that Afilias Limited, the .INFO Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
D. Additional Domain Name Trade Agreement for Name.com LLC Aftermarket Sales
General Provisions: This Agreement describes the terms and conditions applicable to your use of our services at Name.com LLC (hereinafter .Name.com.). We may amend this Agreement at any time by posting a revised agreement on our website. Except as stated below, all amended terms shall automatically be effective fifteen (15) days after they are initially posted on our website. This Agreement may not be amended unless specifically stated in writing and signed by both you and Name.com. If you do not accept this Agreement or any subsequent modifications, you must discontinue use of any and all of our services. Name.com provides a marketplace for the actual aftermarket transaction between Buyer(s) and Seller(s). Name.com has no control over the accuracy, quality or legality of advertised domain names, the truth or the accuracy of the listings, the right and the ability of the listed Seller to transfer the domain name or the ability of the Buyer to consummate a transaction. We cannot and do not control whether or not Seller(s) or Buyer(s) will complete a transaction. Additional risks arise out of dealings with foreign nationals, underage persons or people acting under false pretense or making deceitful representations, all of which risks are borne solely by the Buyer or Seller, as appropriate.
Selling and Buying: Name.com relies on the integrity of the users of its services to honor their commitments. If you make an offer to purchase the rights to a domain name, and your offer is accepted, you are obligated to complete the transaction. You cannot place an offer that is manipulative, such as placing an offer for which you know you do not have at your disposal sufficient resources to cover.
Name.com Fees (in US dollars): Name.com will charge a 5% fee based on the purchase price of the domain name listed for sale. You hereby accept and agree to our current fees and terms of payment, set forth on our web site and/or within this Agreement. Name.com reserves the right to amend its fees at any time that it deems necessary. You are also responsible for applicable taxes, costs, hardware, software, services and all other costs and expenses you incur for the participation in the activity conducted over our web site. We may, in our sole discretion, add, delete or change any of the services provided or fees charged or not charged by Name.com. These changes will be binding as of the date that they become effective, that is, fifteen (15) days after they are initially posted to the web site.
Listing and Selling:
As the person or entity who lists and is the Seller of a domain name listed with Name.com, you represent that:
(1) Your domain name is registered with Name.com and no other registration authority AND is for sale;
(2) your domain name is current and not subject to deletion, cancellation, rescission, or deactivation;
(3) the domain name will revert back to its previous status in your account once the "For Sale" period expires (e.g., if you have chosen to have the domain name up "For Sale" for a period of 30 days from April 14, 2004 at 1:30 pm, then your domain name will be transferred back into your account, if not sold within the 30-day period, on May 14, 2005 at 1:30 p.m.);
(4) you have made an explicit assurance that you are the owner of the entered domain name and are able to dispose of it as the administrative coordinator (admin-c); if you are not authorized to place the domain name for sale as admin-c, then you will be held personally liable and obliged to compensate Name.com for any damages or costs incurred as a consequence of your unauthorized representation;
(5) if a customer pays the listed price for your domain name you are obligated to and will sell that domain name at the agreed upon (listed) price;
(6) the domain name is not the subject of any legal proceedings, either nationally or internationally, challenging your right to register, use or sell the domain name;
(7) the domain name offered for sale does not infringe the rights of any third party, in particular intellectual property rights, rights to use a name, and trademark rights (you are obligated to make all relevant checks, and you will be held personally liable and be obligated to compensate Name.com completely for any damages or costs incurred as a result of your unauthorized or infringing use of the domain name);
(8) you will not place any bids or offers to purchase the domain name that you have listed for sale, either under your own name, an alias, or through any entity in which you maintain a controlling interest, nor will you instruct other persons to do this on your behalf; without limiting its right to any other remedy, Name.com reserves the right to suspend, terminate and remove your listing at any time it may deem fit if it reasonably believes that you have engaged in any fraudulent activity in connection with your posting or otherwise with any activity conducted with Name.com's Web site, or if Name.com is of the opinion that you have breached any of your representations or any of its general policies and guidelines (including, for example, if it is of the opinion that you are infringing upon the proprietary rights of any other party), or at such other time as Name.com may deem fit;
(9) you will keep any data within your account at Name.com updated at all times; and
(10) you will remove the domain name from the database immediately if a warning has been issued OR as soon as you or Name.com is in receipt of information that places you and/or your domain name in a position of potential legal liability; the term "legal liability" as used herein should not be construed narrowly and should be read to encompass any or all existing national or international laws being violated.
The Transaction and Payment Process: After an offer results in an agreement for the purchase and sale of a domain name, the Buyer and Seller are required to close the transaction and fully consent to closing the sale using Name.com's payment services. Name.com offers users the choice to pay for any transaction pertaining to the domain name sale via Account Credit services at Name.com, as well as PayPal services on our web site. If the Seller chooses to use Account Credit services, the Seller will have funds deposited into its Name.com account within a reasonable period of time, usually within two weeks. Those funds can be used to purchase domains or other services of Name.com. The Seller may also request a PayPal transfer of those funds to its PayPal account. Furthermore, if the Seller prefers, payment via check will take place on a quarterly basis for amounts less than $1000 and on a monthly basis for amounts above $1000. You can initiate PayPal services from your Account Credit status tool at Name.com. Name.com will ensure that (a) the Buyer forwards the agreed-upon sale price and Name.com will deduct the agreed-to Seller fee and remit the balance to the Seller; (b) funds received are deposited into the Seller's account as stated above; (c) Name.com correctly transfers the domain name in question to the satisfaction of the Buyer, upon receipt of the agreed price; (d) upon confirmation that the Buyer is fully satisfied that the domain name has been properly transferred, funds are released to the Seller within a reasonable period of time; (e) in the case of a failure of the transfer of the domain name, the amount credited to Name.com will be refunded to the Buyer. The transfer is deemed to have failed in the case whereby either contract party has not fulfilled his/her obligations in the payment and sale process. Buyer hereby waives any legal recourse against the Seller, Name.com, or any directors, officers, employees, agents, or affiliates of those entities for such an occurrence. Upon purchase of the domain name at Name.com, Buyer will pay both the listed price and a $6.99 renewal fee to Name.com. The renewal year(s) is (are) added to the current expiration date of the domain name, in order to avoid any penalty or loss of time before it expires. The renewal fee insures that the domain name is transferred to the Buyer and that the Buyer is duly the owner of the domain name purchased and renewed. Upon renewal, the domain name would remain at the registrar Name.com for a minimum period of 60 days, in accordance with ICANN policy (www.icann.org). After the initial 60-day period, Buyer would be free to transfer the domain name to the registrar of his/her choice.
Name.com's right to the transferability of domain name proprietary interests: Domain names are the result of, and are subject to all of the conditions, limitations and restrictions contained in domain name registration agreements between the Seller and Name.com. As such, the transferability of a domain name proprietary interest may be limited, prohibited, or otherwise subject to conditions imposed by Name.com on the Seller (otherwise known as the domain name registrant) before sale of the domain name. Nothing in this Agreement or appearing on Name.com's web site shall be construed to imply that the Seller possesses any rights to a domain name beyond those specified in the registration agreement with Name.com. The term "domain name," as used herein, shall refer to any rights the Seller may possess with regard to the registration of a particular domain name under its domain name registration agreement with Name.com. Buyer agrees that Name.com shall have vested power to transfer the proprietary interest of any domain name purchased from Seller at any given time, as Name.com may deem fit.
Indemnification: You agree to indemnify and hold Name.com and (as applicable) any of its associates, subsidiaries, officers, directors, agents, and employees, harmless from any and all claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Release: Name.com is not responsible for the enforcement of any transaction between users of this service. Such enforcement shall be the sole responsibility of the aggrieved party. In the event that you have a dispute with a Buyer, Seller, or any other user, you hereby acknowledge and agree to release Name.com and its agents, officers, directors and employees from any claims, demands and damages (both actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Modifications: Name.com reserves the right to make slight modifications and/or refinements to its web site at any time.
Breach and Termination: You agree that Name.com may, in its sole discretion, terminate this Agreement, or any commercial activity or other use of the services provided by Name.com under this Agreement and through Name.com's web site, immediately and without any notice. Without limiting the foregoing, Name.com may terminate this Agreement if Name.com determines in its sole discretion that (i) you have acted inconsistently with the obligations or the spirit of this Agreement or of other Name.com policies, (ii) you have infringed upon or tried to infringe upon the proprietary rights of others, or (iii) any information that you have provided Name.com is false or if Name.com has been unable to authenticate or verify the veracity of such information.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT YOUR USE OF NAME.COM'S SERVICES IS AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. NAME.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NAME.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NOR DOES NAME.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE NAME.COM WEB SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED FROM THE NAME.COM WEB SITE OR ANY SERVICES OBTAINED THROUGH THE SERVICES PROVIDED BY NAME.COM IS DONE AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY SUCH DOWNLOAD OR USE OF SUCH INFORMATION OR OTHER RELATED TRANSACTION. NO ADVICE OR INFORMATION THAT YOU MAY OBTAIN FROM NAME.COM OR THROUGH THE SERVICES PROVIDED BY NAME.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
User Obligation; Information and Privacy: The user understands and accepts that Name.com does not investigate, and cannot attest to the accuracy and truthfulness of information provided to it by other users of this site and accepts no responsibility whatsoever for any claims arising from content found to be untruthful of misleading, including but not limited to the "whois" information for a given domain name. You agree to treat all information with caution and to exercise your own judgment as necessary. The user understands that Name.com offers the service of "hidden whois" information for registered domain names and, therefore, excludes Name.com from any liability that occurs therefrom. Users are solely responsible for any information that you provide to us or to any other person during and in the course of any activity conducted with regard to and through the Name.com web site and the services provided therein. Name.com excludes itself from any liability for damages due to the false transmission of data, loss of data or false reproduction of a domain name in the database, as long as these damages are not due to intentional infringements or gross negligence caused by Name.com, its legal representatives or persons employed by it in performing an obligation. We may take any action with respect to such information we deem necessary or appropriate in our sole discretion in order to avoid potential liability, losses or disruption to our services. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to exercise any right you have in such information, including copyrights and publicity rights in any media now known or not currently known, in accordance with the Name.com Privacy Policy (https://www.name.com LLC/privacy.shtml). Unauthorized access will not be given to any third party. The transmission of user data for the purpose of contract implementation and invoicing does not qualify as unauthorized access. The client will be reminded that the safety of data transmission through the Internet cannot be completely guaranteed at any time.
Seller's Good Title or Right to Transfer a Registration: Name.com makes no guarantee that domain names offered for sale on its web site are offered by the true registrants/administrative contacts and neither can we certify that: (a) a Seller has good title to a pre-registered domain name offered for sale and (b) the Seller has the right to sell, assign or transfer such. All services provided by Name.com are on an "as is" basis subject to such defects in title and/or quality as might be disclosed by an investigation conducted at Buyer's expense.
Limitation of Liability: You acknowledge and agree that should you or any third party, through the use of Name.com's web site, its services or this Agreement incur any damages, whether they be direct, incidental, consequential or special, or suffer lost profits - actual or anticipated, or damage to your reputation, goodwill, data and other such intangibles, you will not hold Name.com liable under any circumstances. In no event will Name.com's liability to you or any third party in connection with or arising from this Agreement exceed the lesser of either the amount of fees you have paid to us in the twelve (12) months prior to the action giving rise to such liabilities or US$ 1,000.
You agree that regardless of any statute or law to the contrary, any claim arising out of or related to use of the services provided by Name.com or otherwise arising out of or related to the terms and conditions of this Agreement, must be filed within one (1) year after such claim or cause of action first arose or shall be forever barred. Name.com's web site may contain links to and from other web sites on the Internet that are owned and operated by other parties. You agree and acknowledge that Name.com is not responsible for the availability of, or the content located on or obtained through any such other Internet web sites. If you have any concerns regarding such links or the content located on such other web sites, you should contact the Webmaster or site administrator for those respective web sites. Name.com does not verify the accuracy of the information and content provided for in such third-party web sites, and providing such information or links cannot and should not be construed as support, backing, or other endorsement by Name.com of such sites and/or information.
General Compliance with Laws: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of Name.com's services, including, but not limited to, your listing, purchasing, or selling of a pre-registered domain name.
No Liability for Interrupted Access to our Services: Name.com does not guarantee continuous uninterrupted or secure access to our services and the user understands that operation of this site may be interfered with by numerous factors outside our control.
Governing Law: You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the United States of America and the State of Colorado, as if this Agreement shall have been entered into and performed in its entirety within such state. You agree that any action relating to or arising out of this Agreement, or any matter relating to your use of Name.com's website, shall be brought in the United States District Court for the District of Colorado or, if there is no jurisdiction in such court, then in a Colorado state court located within the City and County of Denver, Colorado.
Copyright: Name.com's web site and all material on it is the copyright of Name.com LLC and may not be copied, distributed, licensed or reproduced in any way whatsoever. However, when intended for personal use only, the printing or downloading of relevant extracts is permissible.
Rights Reserved to Advertise: When you list a domain name for sale at Name.com, you automatically agree to allow us to advertise your domain name as being for sale and you also agree to allow Name.com to provide further information about the domain name if it deems it appropriate, including, but not limited to, the listing price or the actual sale price of the domain name. You hereby agree that Name.com is allowed to create custom parking pages to which, if it deems appropriate, it will point your for-sale domain name. On these pages, we may advertise your domain name and other similar domains for sale.
E. Additional Provisions for *.vn TLD registrations and Use:
Please refer to: https://www.dot.vn/vnnic/serviceagreement.jsp
F. Additional Provisions for .travel Registrations (all capitalized terms as defined in the Registry-Registrar Agreement between Tralliance Corporation and Name.com LLC):
Registrant shall indemnify, defend hold harmless Registry, Registry Operator and their subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from any and all claims, demands, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, in any way arising out of, relating to, or otherwise in connection with the Registrant's domain name registration. This indemnity shall survive the termination or expiration of this Registration Agreement.
Registrant acknowledges that Registrar shall comply with all .travel TLD operational standards, policies, procedures, and practices for the Registry TLD as established from time to time by Registry, including without limitation those available for review at http://www.tralliance.info/Policies.htm.
Registrant acknowledges that the Registry is an intended third party beneficiary of this Registration Agreement.
Registrant acknowledges that the Registry reserves the right to deny, cancel, suspend or transfer any registration that it deems necessary, in its sole discretion; (1) to protect the integrity and stability of the Registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, agents, officers, directors, and employees; (4) for violations of the Registry-Register Agreement and its Exhibits; or (5) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to freeze a domain name during resolution of a dispute.
G In its registration agreement with each Registered Name Holder,
Registrar shall require such Registered Name Holder to:
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.
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; (3.7)
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; (3.7.1)
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 [Registrar.s name] Name.com LLC 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. (3.8.3)
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1)
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 Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar; (3.8.2)
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; (3.8.4)
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); (3.8.5)
Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)
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. (3.8.7)
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. (3.8.8.)
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. (3.8.9)
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. (3.9.1)
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