Registrant
hereby authorizes and instructs Register Domain
Names (a division of Netscan UK) to act as agent
and on Registrants behalf to manage any domain
name registrant orders through
Register-Domain-Names.com. This authority extends
to Register Domain Names accessing Registrants
domain name file to modify incorrect data and to
manage all other aspects of this domain name.
This domain name registration agreement ("Registration Agreement") is submitted by Registrant to Register Domain Names (a division of Netscan UK) for the purpose of registering a domain name on the Internet. If this Registration Agreement is accepted by Register Domain Names, Registrant agrees to be bound by the terms and conditions of this Registration Agreement.
| |
| 2.
Terminology |
| Register Domain Names is an accredited Registrar Partner. Register Domain Names has partnership with two ICANN registrars including Network Solutions Inc ("NSI") who are a registry administrator responsible for administering the domain name registry. |
| |
| 3. Payment |
3.1 The Registration fee is payable with the Application.
3.2 Registration is for a period of two (2) years and is renewable annually thereafter on payment of the then current renewal fee
3.3 Registration is not effective until the Registration fee has been paid and cleared into the account of Register Domain Names.
3.4 All fees are non-refundable |
| |
| 4. Application Details |
| Registrant must provide to Register Domain Names the information set out in the compulsory section and may provide the information set out in the discretionary section of the Application (Information). Registrant warrants that all Information provided is accurate and reliable. Registrant undertakes to promptly correct and update Information during the registration period and to respond within fifteen (15) calendar days to inquiries from Register Domain Names concerning the accuracy of compulsory Information. |
| |
| 5. Licensing of Domain Name |
| Registrant remains the responsible contacting party under this Registration Agreement, even if Registrant licenses use of the domain name to a third party. |
| |
| 6. Use of Informatione |
6.1The Information obtained from Registrant will be:
6.1.1 transmitted to NSI or any other registry administrator for registry use;
6.1.2 publicly available as required by ICANN.
6.1.3 used by Register Domain Names for inclusion in registers and data bases produced by Register Domain Names or its licensees.
6.2 Registrant may access data provided and rectify any incorrect data relating to Registrant through a registry key to be provided by Register Domain Names. Registrant may provide a written authorisation to an agent to hold and use the registry key. Registrant must inform Register Domain Names of its current agent as required by Register Domain Names.
6.3 Registrant consents to the use of the Information for the purposes set out in clauses 6.1.1 to 6.1.3. If Registrant does not consent to the use of the Information for the purposes set out in clause 6.1.3
6.4 Registrant warrants that it has provided, or will provide, to any third party individuals whose personal details the Registrant has provided to Register Domain Names the same information about use of those details as are set out in this clause 6, and that the third parties individually have consented to use of their personal data.
6.5 Register Domain Names will not process Information in a manner incompatible with the purposes and limitations set out in this clause 6.
6.6 Register Domain Names will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorised access or disclosure, alteration or destruction. |
| |
| 7. Dispute Policy |
| Registrant agrees, as a condition to submitting this Registration Agreement, and if the Registration Agreement is accepted by Register Domain Names, that the Registrant is bound by Register Domain Names's current Dispute Policy ("Dispute Policy"). Registrant agrees that Register Domain Names, in its sole discretion, may change or modify the Dispute Policy, incorporated by reference herein, at any time. Registrant agrees that Registrant's maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective constitutes Registrant's continued acceptance of these changes or modifications. Registrant agrees that if Registrant considers any such changes or modifications to be unacceptable, Registrant may request that the domain name be deleted from the domain name database. Registrant agrees that any dispute relating to registration or use of its domain name will be subject to the provisions specified in the Dispute Policy. Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts of the State of California, United States of America, and to the courts of the Registrant's domicile in relation to Disputes. |
| |
| 8. Agents |
| Registrant agrees that if this Registration Agreement is completed by an agent for the Registrant, such as an Authorised Reseller or Administrative Contact/Agent, the Registrant is nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. |
| |
| 9. Limitation of Liability |
| To the extent permitted by law, Registrant agrees that neither Register Domain Names nor NSI has any liability to the Registrant for any loss Registrant may incur in connection with INA's processing of this Registration Agreement, or the processing of any authorized modification to the domain name's record during the covered period, or the failure by the Registrant's agent to pay either the registration fee or renewal fee, or as a result of the application of the provisions of the Dispute Policy. Registrant agrees that in no event will the liability of Register Domain Names under this Agreement for any matter exceed, in the sole option of Register Domain Names, the re-supply of the services again or the fee paid to Register Domain Names for the provision of the services . |
| |
| 10. Indemnity |
| Registrant agrees to indemnify, keep indemnified and hold both Register Domain Names and NSI (or other registry administrator), their directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant's domain name registration or to the use of your domain name. |
| |
| 11. Breach |
| Registrant agrees that failure to abide by any provision of this Registration Agreement or the Dispute Policy may be considered by Register Domain Names to be a material breach and that Register Domain Names may provide a notice, describing the breach, to the Registrant. If, within thirty (30) days of the date of such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to Register Domain Names, that it has not breached its obligations, then Register Domain Names may delete Registrant's registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because Register Domain Names did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile or electronic means. |
| |
| 12. No Warranty by Register Domain Names |
| Registrant agrees that registration of a domain name grants no legal rights to the name, nor does it confer immunity from objection to either the registration or use of the domain name. |
| |
| 13. Warranty |
| Registrant warrants that, to the best of Registrant's knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. Breach of this warranty will constitute a material breach. |
| |
| 14. Revocation |
| Registrant agrees that Register Domain Names may delete a Registrant's domain name if this Registration Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information Register Domain Names would likely consider material to its decision to approve this Registration Agreement. |
| |
| 15. Right of Refusal |
| Registrant acknowledges that NSI or ICANN policy provides registration of certain domain names is prohibited. Register Domain Names, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of this Registration Agreement does not obligate Register Domain Names to accept this Registration Agreement. Registrant agrees that Register Domain Names is not liable for loss or damage that may result from Register Domain Names's refusal to accept this Registration Agreement. |
| |
| 16. Change in Registrar |
| NSI policy permits Registrant to change its Registrar for an existing domain name. Registrant agrees that it can change the Registrar only in accordance with the policy or other policy from time to time provided by ICANN. The policy provides:
16.1 each change of Registrar requires the Registrant to enter into a new two year Registration Agreement and to pay the appropriate registration fee;
16.2 Registrant obtains no refund of any part of the fee paid to existing Registrar. |
| |
| 17. Suspension, Cancellation, Transfer |
| Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy:
17.1 to correct mistakes by Registrar or the registry administrator in registering the domain name; or
17.2 for the resolution of disputes concerning the domain name. |
| |
| 18. Severability |
| Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding. |
| |
| 19. Entirety |
| Registrant agrees that this Registration Agreement and the Dispute Policy is the complete and exclusive agreement between Registrant and Register Domain Names regarding the registration of Registrant's domain name. This Registration Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent. |
| |
| 20. Governing Law
|
| Registrant agrees that this Registration Agreement is governed in all respects by and construed in accordance with the laws of the United Kingdom |
| |
| 21. General |
| 21.1 Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
21.2 Failure by Register Domain Names to require Registrant to comply with a provision of this agreement does not affect the full right to require any provision to performed at any time thereafter. |
