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Finexe Services Domain Name
Registration Agreement |
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This Finexe Services Domain Name Registration Agreement ("Agreement")
is by and between Finexe Services , a Swedish company ("
Finexe Services ") and You, Your heirs, agents, successors and assigns
("You"), and is made effective as of the date of electronic
execution. This Agreement sets forth the terms and conditions of
Your use of Finexe Services 's Domain Name Registration and represents
the entire agreement between You and Finexe Services . By participating
in this transaction, You acknowledge that You have read, understand
and agree to be bound by all the terms and conditions of this
Agreement, including our dispute
policy and the ICANN
Transfer Dispute Resolution Policy along with any new, different
or additional terms, conditions or policies, including the Universal
Terms of Service which Finexe Services may establish from time to time.
Such Agreements may be found here.
In addition to transactions entered into by You on Your behalf,
You also agree to be bound by the terms of this agreement for
transactions entered into on Your behalf by anyone acting as Your
Agent, and transactions entered into by anyone who uses the account
You've established with Finexe Services , whether or not the
transactions were in Your behalf. You acknowledge that Finexe Services
's acceptance of any application made by You for services provided
by Finexe Services will take place at an Internet Corporation for
Assigned Names and Numbers ("ICANN") accredited registrar's offices.
You acknowledge that Finexe Services or its licensor is a registrar
bound by an agreement between Finexe Services or its licensor and ICANN.
You agree that Finexe Services or its licensor may modify this agreement
in order to comply with applicable law and the terms and conditions
set forth by the ICANN and/or the Registry Administrator chosen by
ICANN, as well as any registration rules or policies that may be
published from time to time by Finexe Services or its licensor.
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1. fees |
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In consideration for the services and products ("service")
purchased by You and provided to You by Finexe Services , You agree to
pay Finexe Services at the time service is provided. Payment is to be
made by You by provided by channels accepted by Finexe Services
If You purchase an automatically renewing service or product it
is Your responsibility to make sure payment is sufficient at the time
of each renewal payment. You understand that ICANN
requires Finexe Services to collect a small registration fee when you
purchase your domain name registration. You agree to pay such fees.
Payments are non-refundable. If for any reason Finexe Services is unable
to charge Your Payment Method for the full amount owed Finexe Services
for the service provided, or if Finexe Services is charged a penalty for
any fee it previously charged to your Payment Method, You agree that
Finexe Services may pursue all available remedies in order to obtain
payment. You agree that among the remedies Finexe Services may pursue in
order to effect payment, shall include but will not be limited to,
immediate cancellation without notice to You of any domain names
registered or renewed on Your behalf. Finexe Services reserves the right
to charge a reasonable service fee for administrative tasks outside
the scope of its regular services. These include, but are not
limited to, customer service issues that cannot be handled over
email but require personal service, and disputes that require legal
services. These charges will be billed to the Payment Method we have
on file for You.
Domain Name Renewals
You may renew your domains prior to their expiration. Domain name
renewals will be non refundable. If for any reason Finexe Services is
not able to take the payment from the Payment Method You have on
file, or has not got your renewal order in a timely fashion, or if you
fail to respond to our notices about your renewal, Your domain name
registration may expire.
In such case, Finexe Services may, at its sole discretion, renew your
expired domain name on your behalf and place it on Hold and flagged
for deletion after which you may pay Finexe Services a Redemption fee a
nd redeem your domain name. The Redemption fee is currently $100 USD
and is subject to change under the terms of Section 2 of this agreement.
You further agree that Finexe Services is free to cancel, or transfer
the domain to another registrant after the expiration day. If you have not
renewed your domain a month before expiration, your domain may announced
by Finexe Services in order to find new registrants.
You agree that Finexe Services will not be responsible for cancelled or
transferred domain names that You fail to renew, either automatically
or manually. In any case, if You fail to renew Your domain name in a
timely fashion, additional charges may apply. If You signed up for domain masking,
domain forwarding, or any other similar service, with Your domain
registration, these services may be automatically renewed when Your
domain registration is up for renewal, and You may incur an
additional renewal fee unless You cancel in advance.
If your domain is deleted, the Registry also provides a 30 day
Redemption Grace Period during which you may pay Finexe Services a
redemption fee and redeem your domain name. The redemption fee is
currently $150 USD and is subject to change under the terms of
Section 2 of this agreement. If you do not redeem your domain name
prior to the end of the Registry’s Redemption Grace Period the
Registry will release your name and it will become available for
registration on a first-come-first-served basis. |
2. term of agreement; modifications
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The term of this agreement shall continue in full force and
effect as long as You have any domain name registered through
Finexe Services . You agree that You will not transfer any domain name
registered through Finexe Services to another domain name registrar
during the first sixty (60) days from its initial registration date.
You further agree that Finexe Services may charge You a small fee if You
cancel Your domain within the five (5) day grace period after
registering Your domain with Finexe Services and Finexe Services refunds the
price of Your domain. Finexe Services will not charge You a fee if
Finexe Services cancels Your domain name during this period because of
fraud.
You agree that Finexe Services may modify this agreement from time to
time. Finexe Services may also discontinue services it provides under
this agreement. You agree to be bound by any changes Finexe Services may
reasonably make to this agreement when such changes become
effective. Should You elect to cancel Your agreement with
Finexe Services You will not receive a refund for any fees You may have
paid to Finexe Services .
You agree that Finexe Services shall not be bound by any
representations made by third parties who You may use to purchase
services from Finexe Services , and that any statements of a general
nature, which may be posted on Finexe Services 's web site or be
contained in Finexe Services 's promotional materials, will not bind
Finexe Services . |
3. up to date information; use of
information and expiration |
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You agree to notify Finexe Services within five (5) business days
when any of the information You provided as part of the application
and/or registration process changes. It is Your responsibility to
keep this information in a current and accurate status. Failure by
You, for whatever reason, to provide Finexe Services with accurate and
reliable information on an initial and continual basis, shall be
considered to be a material breach of this agreement. Failure by
You, for whatever reason, to respond within five (5) business days
to any inquiries made by Finexe Services to determine the validity of
information provided by You, shall also be considered to be a
material breach of this agreement. You agree to retain a copy for
Your record of the receipt for purchase of Your domain name.
You agree that for each domain name registered by You, the
following contact data is required: postal address, email address,
telephone number, and if available, a facsimile number for the
registered name holder and, if different from the registered name
holder, the same contact information for, a technical contact, an
administrative contact and a billing contact
You acknowledge and agree that domain name registration requires
that this contact information, in whole or in part, be shared with
the registry operator. As required by ICANN, this information must
also be made publicly available by means of Whois, and that the
registry operator may also be required to make this information
publicly available by Whois. Both Finexe Services and the registry
operator may be required to archive this information with a third
party escrow service. You hereby consent and give permission for all
such requirements and disclosures. Further, You represent and
warrant that, if You are providing information about a third party,
You have notified the third party of the disclosure and the purpose
for the disclosure and You have obtained the third party's consent
to such disclosure.
You agree that for each domain name registered by You the
following information will be made publicly available in the Whois
directory as determined by ICANN Policy and may be sold in bulk as
set forth in the ICANN agreement:
- The domain name
- Your name and postal address
- The email address, postal address, voice and fax numbers for
technical and administrative contacts
- The Internet protocol numbers for the primary and secondary
name servers
- The corresponding names of the name servers
- The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, Finexe Services may
make use of the publicly available information You provided during
the registration process. If You engage in the reselling of domain
names You agree to provide any individuals whose personal
information You've obtained, information about the possible uses of
their personal information pursuant to ICANN policy. You also agree
to obtain consent, and evidence of consent, from those individuals
for such use of the personal information they provide. |
4. dispute resolution policy |
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You agree to be bound by our current Dispute Resolution Policy.
This policy is incorporated herein and made a part of this
agreement. You can view the Uniform
Domain Name Dispute Resolution Policy online. You agree that
Finexe Services may from time to time modify its Dispute Resolution
Policy. Finexe Services will post any changes to its Dispute Resolution
Policy at least 30 days before they become effective. You agree that
by maintaining Your domain name registrations with Finexe Services after
the updated policy becomes effective that You agree to the Dispute
Resolution policy as amended. You agree to review Finexe Services's web
site periodically to determine if changes have been made to the
Dispute Resolution Policy. If You cancel Your agreement with
Finexe Services as a result of the modified Dispute Resolution policy no
fees will be refunded to You.
You agree that if a dispute arises as a result of one or more
domain names You have registered using Finexe Services, You will
indemnify, defend and hold Finexe Services harmless as provided for in
this agreement. You also agree that if Finexe Services is notified that
a complaint has been filed with a governmental, administrative or
judicial body, regarding a domain name registered by You using
Finexe Services, that Finexe Services, in its sole discretion, may take
whatever action Finexe Services deems necessary regarding further
modification, assignment of and/or control of the domain name deemed
necessary to comply with the actions or requirements of the
governmental, administrative or judicial body until such time as the
dispute is settled. In this event You agree to hold Finexe Services
harmless for any action taken by Finexe Services. |
5. transfer of domain names; resale
practices |
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If You transfer any domain name You agree to provide the
information required by, and to abide by, the procedures and
conditions set forth in our Domain
Transfer Agreement . You may view the latest version of our
Domain Transfer Agreement online. In order to further protect Your
domain, any domain registered with Finexe Services or transferred to
Finexe Services shall be placed on lock status. The domain must be
placed on unlock status in order to initiate a transfer of
the domain name away from Finexe Services to a new Registrar. You may
log into Your account with Finexe Services at any time after Your domain
name has been successfully transferred to Finexe Services , and change
the status to unlock. If you are not able to unlock your domain,
you must contact Finexe Services in order to unlock the domain,
prior to initiating a transfer. Otherwise your transfer will be denied.
In the event You are purchasing a domain name on behalf of a
third party, You agree to inform any customer of Yours, who may be
acquiring a domain name through You using Finexe Services 's
registration services, that they are in fact registering their
domain name through Finexe Services and that Finexe Services is an
accredited registrar with ICANN. You agree not to represent that You
are an ICANN accredited registrar or that You are in any way
providing superior access to the ICANN Domain Name Registry. You
also agree not to use the ICANN trademark logo in any of Your
promotional materials including Your web site.
You agree to obtain each of Your customers' acceptances of
Finexe Services 's then current Domain Registration Agreement, and to
retain evidence of their acceptance for a period of not less than
three (3) years. Should You require that Your customers accept
additional terms and conditions that are not required by Finexe Services
, You agree that such additional terms and conditions shall not
conflict with Finexe Services 's Domain Registration Agreement and the
policies and business procedures adopted by ICANN.
You agree that Finexe Services is not lending You access to its
registrar connections or its registry access, nor will You be deemed
to be a registrar in Your own right. Furthermore, You agree You will
not attempt to gain access to Finexe Services 's registrar connections
or registry access. You agree to provide complete, accurate and
current data for each registrant to be added to a registry in
accordance with ICANN requirements for inclusion in the Whois
database.
You agree to provide Your customers with adequate customer
support, and to maintain contact with them with regard to providing
a medium for them to communicate changes in the information they
provided as part of the domain name registration process. Upon
receiving corrected or updated information You will, within 5
business days, provide such information to Finexe Services so
Finexe Services may update its registration records. You will retain
copies of all communications between You and Your customers and will
upon request provide Finexe Services copies of same. |
6. suspension of services; breach of
agreement |
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You agree that, in addition to other events set forth in this
agreement, (i) Your ability to use any of the services provided by
Finexe Services is subject to cancellation or suspension in the event
there is an unresolved breach of this agreement and/or suspension or
cancellation is required by any policy now in effect or adopted
later by ICANN, and (ii) Your registration of any domain names shall
be subject to suspension, cancellation or transfer pursuant to any
ICANN adopted specification or policy, or pursuant to any
Finexe Services procedure not inconsistent with an ICANN adopted
specification or policy, (1) to correct mistakes by Finexe Services or
the registry operator in registering any domain name or (2) for the
resolution of disputes concerning any domain name.
You agree that Your failure to comply completely with the terms
and conditions of this agreement and any Finexe Services rule or policy
may be considered by Finexe Services to be a material breach of this
agreement and that Finexe Services may provide You with notice of such
breach either in writing or electronically (i.e. email). In the
event You do not provide Finexe Services with material evidence that You
have not breached Your obligations to Finexe Services within ten (10)
business days, Finexe Services may terminate its relationship with You
and take any remedial action available to Finexe Services under the
applicable laws. Such remedial action may be implemented without
notice to You and may include, but is not limited to, canceling the
registration of any of Your domain names and discontinuing any
services provided by Finexe Services to You. No fees will be refunded to
You should Your agreement be cancelled or services be discontinued
because of a breach.
Finexe Services 's failure to act upon or notify You of any event,
which may constitute a breach, shall not relieve You from or excuse
You of the fact that You have committed a breach. |
7. restriction of services; right of
refusal |
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You agree not to use the services provided by Finexe Services, or to
allow or enable others, to use the services provided by Finexe Services
for the purposes of:
- The transmission of unsolicited email (Spam).
- Repetitive, high volume inquires into any of the services
provided by Finexe Services (i.e. domain name availability, etc.).
If You are hosting Your domain's domain name servers
("DNS") on Finexe Services's servers, or are using our systems to
forward a domain, URL, or otherwise to a system or site hosted
elsewhere, or if You have your domain name registered with
Finexe Services, You are responsible for ensuring that there is no
excessive overloading on Finexe Services's DNS systems. You may not use
Finexe Services's servers and Your domain as a source, intermediary,
reply to address, or destination address for mail bombs, Internet
packet flooding, packet corruption, or other abusive attack. Server
hacking or other perpetration of security breaches is prohibited.
You agree that Finexe Services reserves the right to deactivate Your
domain name from its DNS system if Finexe Services deems it is the
recipient of activities caused by your site that threaten the
stability of its network.
You agree that Finexe Services, in its sole discretion and without
liability to You, may refuse to accept the registration of any
domain name. Finexe Services also may in its sole discretion and without
liability to You delete the registration of any domain name during
the first thirty (30) days after registration has taken place.
Finexe Services may also cancel the registration of a domain name, after
thirty (30) days, if that name is being used in association with
spam or morally objectionable activities. Morally objectionable
activities will include, but not be limited to: activities designed
to defame, embarrass, harm, abuse, threaten, slander or harass third
parties; activities prohibited by the laws of the United States
and/or foreign territories in which You conduct business; activities
designed to encourage unlawful behavior by others, such as hate
crimes, terrorism and child pornography; activities that are
tortious, vulgar, obscene, invasive of the privacy of a third party,
racially, ethnically, or otherwise objectionable; activities
designed to impersonate the identity of a third party; and
activities designed to harm minors in any way.
In the event Finexe Services cancels or deletes the registration of a domain name
being used in association with spam or morally objectionable
activities, no refund will be issued.
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8. limitation of liability |
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You agree that Finexe Services 's entire liability to you under this
agreement, and your only remedy, in connection with any service
provided by Finexe Services , to you under this agreement, and for any
breach of this agreement by Finexe Services , shall be limited to the
fees you paid to Finexe Services for the particular service in
contention. Finexe Services and its agents and contractors shall not be
liable for any direct, indirect incidental, special, or
consequential damages resulting from the use of or inability to use
any of Finexe Services 's services or for the cost of obtaining
substitute services. Because certain states do not permit the
limitation of elimination of liability for certain types of damage,
Finexe Services 's liability shall be limited to the smallest amount
permitted by law. Finexe Services disclaims any loss or liability
resulting from:
- access delays or interruptions to our web site or domain name
registration system
- data non-delivery or mis-delivery between You and Finexe Services
- events beyond our control (i.e. acts of God)
- the loss of registration or processing of a domain name or the
use of a domain name
- the failure for whatever reason to renew a domain name
registration
- the unauthorized use of Your account with Finexe Services or any
of services provided to You by Finexe Services
- errors, omissions or misstatements
- deletion of, failure to store, or failure to process or act
upon email messages
- processing of updated information to Your registration record
- development or interruption of Your web site
- errors taking place with regard to the processing of Your
application
- application of Finexe Services 's Dispute Resolution Policy
- any act or omission caused by You or Your agent (whether
authorized by You or not)
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9. indemnity |
| You agree to release, defend, indemnify and hold
harmless Finexe Services and its contractors, agents, employees,
offices, directors, shareholders and affiliates from and against any
losses, damages or costs, including reasonable attorney's fees,
resulting from any claim, action, proceeding suit or demand arising
out of or related to Your (including Your agents, affiliates or
anyone using Your account with Finexe Services whether or not on Your
behalf, and whether or not with Your permission) use of the services
provided by Finexe Services. Should Finexe Services be notified of a pending
law suit, or receive notice of the filing of a law suit, Finexe Services
may seek a written confirmation from You concerning Your obligation
to indemnify Finexe Services. Your failure to provide such a
confirmation may be considered a breach of this agreement. |
10. representation and warranties
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You warrant that all information provided by You as part of the
registration process is complete and accurate. You also warrant that
each registration You make is being done so in good faith and that
You have no knowledge of it infringing upon or conflicting with the
legal rights of a third party or a third party's registration,
trademark or trade name. You also warrant that the domain name being
registered will not be used in connection with any illegal activity.
You agree that Finexe Services makes no representations or warranties
or any kind in connection with this agreement and specifically makes
no guaranty to You against the possibility of objection to, or
challenge of, the registration or use of any domain name You
register with Finexe Services.
Finexe Services expressly reserves the right to deny, cancel or
transfer any registration that it deems necessary, in its
discretion, to protect the integrity and stability of the registry,
to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of Finexe Services, as well as its affiliates,
subsidiaries, officers, directors and employees. Finexe Services also
reserves the right to freeze a domain name during resolution of a
dispute. |
11. disclaimer of warranties |
| Finexe Services expressly disclaims 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. Finexe Services makes no warranty that its
service(s) will meet your requirements, or that the service(s) will
be uninterrupted, timely, secure, or error free, or that defects
will be corrected. Finexe Services does not warrant, nor make any
representations regarding the use, or results of, any of the
services it provides, in terms of their correctness, accuracy,
reliability, or otherwise. |
12. severability; entirety |
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You agree that the terms of this Agreement are severable. If any
part of this Agreement is determined to be unenforceable or invalid,
that part of the agreement will be interpreted in accordance with
applicable law as closely as possible, in line with the original
intention of both parties to the Agreement. The remaining terms and
conditions of the Agreement will remain in full force and effect.
You agree that this agreement including the policies it refers to
(i.e. our Dispute Resolution Policy, etc.) constitute the complete
and only agreement between You and Finexe Services regarding the
services contemplated herein. |
13. venue; waiver of trial by jury
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This agreement shall be deemed entered into in Sweden. Except for
all disputes concerning the use of a domain name
registered with Finexe Services , the laws and judicial decisions of
Sweden, Stockholm, shall be used to determine the validity,
construction, interpretation and legal effect of this agreement. For
the adjudication of disputes concerning or arising from the use of a
domain name registered with Finexe Services , You shall submit, without
prejudice to other potential applicable jurisdictions, to the
jurisdiction of the courts (1) of Your domicile and (2) where
Finexe Services is located. You agree that any action relating to or
arising out of this agreement, shall be brought in the courts of
Sweden, Stockholm.
You agree to waive the right to trial by jury in any proceeding
that takes pace relating to or arising out of this agreement.
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14. notices |
You agree that all notices (except for notices
concerning breach of this agreement) from Finexe Services to You may be
posted on our web site and will be deemed delivered within thirty
(30) days after posting. Notices concerning breach will be sent
either to the email address You have on file with Finexe Services or
mailed first class postage to the postal address You have on file
with Finexe Services. In both cases, delivery shall be deemed to have
been made five (5) days after the date sent. Notices from You to
Finexe Services shall be made either by email, sent to the address we
provide on our web site, or first class mail to our address at:
Finexe Services, Norrbyv. 16, 16869 Bromma, Sweden. Delivery shall
be deemed to have been made
by You to Finexe Services five (5) days after the date sent. |
15. provisions specific to all
registrations |
| You agree to be bound by the rules, policies, and
agreements of each Registry from which You purchase a domain
registration, which may include, but are not limited to, Top Level
Domain Registries and Second Level Domain Registries. |
16. provisions specific to .COM, .NET, AND
.CC registrations |
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Indemnification
You agree to indemnify, defend and hold harmless the .COM, .NET,
and .CC 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. |
17. provisions specific to .ORG
registrants |
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Indemnification
You agree to indemnify, defend and hold harmless the .ORG
Registry Operator, Public Interest Registry, and its subcontractors,
shareholders, 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. This indemnification requirement shall survive the
termination or expiration of the registration agreement. |
18. provisions specific to .INFO
registrants |
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Indemnification
You agree to indemnify, defend and hold harmless the .INFO
Registry Operator, Afilias Limited, and its subcontractors,
shareholders, 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. This indemnification requirement shall survive the
termination or expiration of the registration agreement. |
19. provisions specific to .WS (WEBSITE)
registrations |
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Indemnification
You agree to indemnify, defend and hold harmless the .WS Registry
Operator, Global Domains International, 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.
You agree to be bound by any registry rules, policies, and
agreements for this ccTLD. The registration policies for this ccTLD
are available online and are incorporated herein. |
20. additional requirements for .INFO
registrants |
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If You are registering a .INFO domain name You also agree to:
- consent to the use, copying, distribution, publication,
modification and other processing of Registered Name Holder's
Personal Data by the .info Registry Operator and its designees and
agents;
- submit to proceedings commenced under ICANN's Uniform Domain
Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute
Resolution Policy ("SDRP");
- immediately correct and update the registration information
for the Registered Name during the registration term for the
Registered Name; and
- 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 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.
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21. additional requirements for .BIZ
registrants |
| If You are registering a .BIZ domain name You
also agree to:
.BIZ Restrictions
Registrations in the .BIZ TLD must be used or intended to be used
primarily for bona fide business or commercial purposes. For
purposes of the .BIZ Registration Restrictions ("Restrictions"),
"bona fide business or commercial use" shall mean the bona fide use
or bona fide intent to use the domain name or any content, software,
materials, graphics or other information thereon, to permit Internet
users to access one or more host computers through the DNS:
- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
- To facilitate (i) the exchange of goods, services,
information, or property of any kind; or, (ii) the ordinary
course of trade or business. Registering a domain name solely
for the purposes of (1) selling, trading or leasing the domain
name for compensation, or (2) the unsolicited offering to sell,
trade or lease the domain name for compensation shall not
constitute a "bona fide business or commercial use" of that
domain name.
.BIZ Certification As a .BIZ domain name registrant,
You hereby certify to the best of Your knowledge that:
- The registered domain name will be used primarily for bona
fide business or commercial purposes and not (i) exclusively for
personal use; or (ii) solely for the purposes of (1) selling,
trading or leasing the domain name for compensation, or (2) the
unsolicited offering to sell, trade or lease the domain name for
compensation. More information on the .BIZ restrictions, which
are incorporated herein by reference, are available online.
- The domain name registrant has the authority to enter into
the registration agreement; and
- The registered domain name is reasonably related to the
registrant's business or intended commercial purpose at the time
of registration.
Domain Name Dispute Policy
If You reserved or registered a .BIZ domain name through us, You
agree to be bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize Yourself with that policy. In
addition, You hereby acknowledge that You have read and understood
and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement:
- The Uniform Domain Name Dispute Policy;
- The Start-up Trademark Opposition Policy ("STOP"); and
- The Restrictions Dispute Resolution Criteria and Rules.
The STOP sets forth the terms and conditions in connection with a
dispute between a registrant of a .BIZ domain name ("Registrant")
with any third party (other than Registry Operator or Registrar)
over the registration or use of a .BIZ domain name registered by
Registrant that is subject to the Intellectual Property Claim
Service. The Intellectual Property Claim Service a service
introduced by Registry Operator to notify a trademark or service
mark holder ("Claimant") that a second-level domain name has been
registered in which that Claimant claims intellectual property
rights. In accordance with the STOP and its associated Rules, those
Claimants will have the right to challenge registrations through
independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a
dispute between a Registrant and any party other than the Registry
Operator or Registrar over the registration and use of an Internet
domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a
domain name is not used primarily for business or commercial
purposes shall be enforced on a case-by-case, fact specific basis by
an independent ICANN-accredited dispute provider. None of the
violations of the Restrictions will be enforced directly by or
through Registry Operator. Registry Operator will not review,
monitor, or otherwise verify that any particular domain name is
being used primarily for business or commercial purposes or that a
domain name is being used in compliance with the SUDRP or UDRP
processes.
Domain Name Dispute 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.
Domain Name Disputes
You agree that, if Your use of our domain name registration
services is challenged by a third party, You will be subject to the
provisions specified in our dispute policy in effect at the time of
the dispute. You agree that in the event a domain name dispute
arises with any third party, You will indemnify and hold us harmless
pursuant to the terms and conditions set forth below in this
Agreement. If we are notified that a complaint has been filed with a
judicial or administrative body regarding Your use of our domain
name registration services, You agree not to make any changes to
Your domain name record without our prior approval. We may not allow
You to make changes to such domain name record until (i) we are
directed to do so by the judicial or administrative body, or (ii) we
receive notification by You and the other party contesting Your
registration and use of our domain name registration services that
the dispute has been settled. Furthermore, You agree that if You are
subject to litigation regarding Your registration and use of our
domain name registration services, we may deposit control of Your
domain name record into the registry of the judicial body by
supplying a party with a registrar certificate from us.
Reservation of Rights
Finexe Services and the .BIZ Registry Operator, NeuLevel, Inc.
expressly reserve the right to deny, cancel or transfer any
registration that it deems necessary, in its discretion, to protect
the integrity and stability of the registry, to comply with any
applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process, or
to avoid any liability, civil or criminal, on the part of
Finexe Services and/or NeuLevel, Inc., as well as their affiliates,
subsidiaries, officers, directors and employees. Finexe Services and
NeuLevel, Inc. also reserve the right to freeze a domain name during
resolution of a dispute.
Indemnification
You agree to indemnify, defend and hold harmless the .BIZ
Registry Operator, NeuLevel, 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. This
indemnification requirement shall survive the termination or
expiration of the registration agreement. |
22. provisions specific to .US
registrations |
|
You agree to be bound by any registry rules, policies, and
agreements for this ccTLD. The registration guidelines for this
ccTLD are available online and are incorporated herein. These
policies may prohibit You from changing, transferring, or assigning
the name You have submitted as Registrant.
The Registrant certifies that it meets the following Nexus
Requirements to qualify to register to use a .US domain name.
A. Registrants must be either:
- A natural person (i) who is a United States citizen, (ii) who
is a permanent resident of the United States of America or any of
its possessions or territories, or (ii) whose primary place of
domicile is in the United States of America or any of its
possessions, or;
- An entity or organization that is (i) incorporated within one
of the fifty (50) U.S. states, the district of Columbia, or any of
the United States possessions or territories or (ii) organized or
otherwise constituted under the laws of a state of the United
States of America, the District of Columbia or any of its
possessions (including a federal, state, or local government of
the United States, or a political subdivision thereof, and
non-commercial organizations based in the United States), or;
- A foreign entity or organization that has a bona fide presence
in the United States of America or any of its possession or
territories that also (i) regularly engages in lawful activities
(sales of goods or services or other business, commercial or
non-commercial including not-for-profit activities) in the Unites
States, or (ii) maintains an office or other property within the
United States.
B. The name servers listed for all .US domain names must be
based within the United States of America or any of its possessions
or territories.
Registrant further certifies that Finexe Services has requested
specific information regarding how the Registrant meets the Nexus
requirement and that Registrant has willingly volunteered such
information. Registrant understands and agrees that such information
will be verified and will be shared with the .US Registry.
Registrant understands and agrees that if such information
cannot be verified, or if Registrant fails to continue to abide by
the Nexus Requirements, the registered domain name shall be subject
to immediate cancellation.
Indemnification
You agree to indemnify and hold harmless the .US Registry
Operator, NeuStar, and its directors, officers, employees,
representatives, agents, affiliates, and stockholders from and
against any and all claims, suits, actions, other proceedings,
damages, liabilities, costs and expenses of any kind, including
without limitation reasonable legal fees and expenses, arising out
of or relating to the Registrant's (i) .US domain name registration
and (ii) use of any .US registered domain name.
.US Registration Restrictions
You understand and agree that when You register one of these
domains, that You are prohibited from using any profanity in the
domain name, pursuant to the .US policy available online
. The definition of profanity can be found in the Supreme Court
decision, FCC v. Pacifica Foundation, made famous by George Carlin.
Further, You acknowledge and agree that You are not permitted to
purchase private or proxy .US registrations. You shall register for
any and all .US registrations using Your personal information, which
information You represent and warrant is current, accurate and
complete. |
23. provisions specific to .NAME
registered items |
|
Eligibility Requirements - Dispute Resolution
You represent and warrant that the name You are registering is
Your legal, personal name, or that You own the intellectual property
rights to that name. If at any time it is discovered that it is not
Your legal personal name, or Your intellectual property, the .NAME
Registry Operator, Global Name Registry (GNR) and Finexe Services
reserve the right to cancel Your registration without refund, or
transfer it to another party. In addition to the above You agree to
be bound by the provisions of the entire Eligibility Requirements
Dispute Resolution Policy.
Consent - Defensive Registration
A Defensive Registration is a registration designed for the
protection of trademarks and service marks and may be granted to
prevent a third party from registering a variation of a trademark or
the exact trademark. If the name You wish to register is subject to
a Defensive Registration, You have three options: (i) You may
register a variation of the name, (ii) You may challenge the
Defensive Registration under the Eligibility Requirements Dispute
Resolution Policy ("ERDRP"), or (iii) You may request Consent from
the Defensive Registrant. You can request Consent by contacting the
Defensive Registrant listed in the GNR Whois database and requesting
consent to register the .name domain. If the Defensive Registrant
grants consent, they must confirm in writing that they grant
consent. If the Defensive Registrant does not grant consent, you may
wish to challenge the Defensive Registration under the ERDRP. The
policy is available online
.
Acceptable Use Policy
You agree to be bound by GNR’s Acceptable Use
Policy . Among other limitations, this policy prohibits You from
using your .name Email to engage in Spamming activities. You will be
limited to a maximum of 500 messages sent from Your .name at a time.
Waiver of Liability
You agree that GNR and Finexe Services will have no liability of any
kind for any loss or liability resulting from (i) the processing of
registration requests prior to live SRS launch, including, without
limitation, the ability or inability to obtain a domain name or
email address registration using these processes; or (ii) any
dispute over any domain name or email address registration,
including the decision of any dispute resolution proceeding related
to any of the foregoing.
Indemnification
You agree to indemnify, defend and hold harmless GNR, 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 Item Holder's registration. You
agree that this indemnification obligation shall survive the
termination or expiration of this Registration Agreement. |
24. provisions specific to .EU
registrations |
|
.EU Registration Restrictions
You acknowledge and agree that You are not permitted to purchase
private or proxy .EU registrations. You shall register for any and
all .EU registrations using Your personal information, which
information You represent and warrant is current, accurate and
complete. Further, You acknowledge and agree that You are not
permitted and shall not attempt to register any .EU registrations
unless You have a physical presence in the European Union.
Compliance with Applicable Law
You agree to obey, comply with and be bound by any and all
applicable laws, regulations and administrative policies promulgated
by the European Registry of Internet Domain Names ("EURID").
Compliance with EURID Rules
You agree to obey, comply with and be bound by EURID rules and
regulations and any and all updates, revisions and modifications
thereto, which may be made by EURID from time to time, including,
but not limited to, their dispute policies, which may be found here.
Jurisdiction
For the adjudication of disputes concerning or arising from use
of the registered .EU domain name, You agree to submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts of (1) Your domicile state, (2) the State
of Arizona and (3) the United Kingdom.
Sunrise and General Pre-registration Applications
You acknowledge and agree that the submitting of a "Sunrise or
General Pre-registration Application" does not ensure that a domain
name shall be successfully awarded or registered. In the event that
an application does not result in a successful registration, the
registration fee shall be refunded. In the case of a "Sunrise
Application" where an application fee was collected, a portion of
that fee shall be refunded after the deduction of a handling fee,
which You acknowledge and agree is subject to change based on
fluxuations in the US Dollar and Euro exchange rates. |
25. OTHER COUNTRY CODE TOP LEVEL DOMAINS
|
| You represent and warrant that You meet the
eligibility requirements of each country code top level domain
("ccTLD") You apply for. You further agree to be bound by any
registry rules, policies, and agreements for that particular ccTLD.
These may include, but are not limited to, agreeing to indemnify the
ccTLD provider, limiting the liability of the ccTLD provider, and
requirements that any disputes be resolved under that particular
country's laws. |
26. provisions specific to .AT
registrations |
| You understand and agree that in order to
register these domains, a pre-registration DNS validation check is
required by the Registry. |
27. provisions specific to .BE
registrations. |
| You understand and agree that in order to
register these domains, a pre-registration DNS validation check is
required by the Registry. |
28. provisions specific to .CO.NZ,
.NET.NZ, and .ORG.NZ registrations. |
| You understand and agree that in order to
register these domains, a pre-registration DNS validation check is
required by the Registry. |
30. additional requirements FOR .UK (
.ORG.UK , .ME.UK, .CO.UK ) registrations |
| You understand and agree that when You register
one of these domains, that the minimum term is two years. |
31. provisions specific to .BE registrants
|
| You agree to be bound by any registry rules,
policies, and agreements for this ccTLD. The registration guidelines
for this ccTLD are available online and are incorporated herein.
|
32. provisions specific to .DE registrants
|
|
You represent and warrant that You meet the eligibility
requirements of this ccTLD. You further agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The
registration guidelines for this ccTLD are available online and are
incorporated herein.
.DE Registration Restrictions
You represent and warrant that You or Your administrative contact
has a German address, which cannot be a P.O. Box. You may not use
the names of other top-level domains (e.g. .ARPA, .COM, .EDU, .GOV,
.INT, .NET, .NATO, .MIL, .ORG and all country-related TLDs) or
German automobile identification numbers as domain names. |
33. .JP registration restrictions
|
|
You represent and warrant that You have a local presence in Japan
with a home or office address. You agree that certain domains are
reserved and can only be registered by certain parties. These
include:
- TLDs, other than ccTLDs, as determined by ICANN;
- Geographical-type .JP domain names that are defined as
metropolitan, prefectural, and municipal labels;
- Names of primary and secondary educational organizations
- Names of organizations related to Internet management;
- Names required for .JP domain name operations; and
- Character strings which may be confused with ASCII-converted
Japanese domain names.
The complete list of .JP Reserved
Domains is available online
.
Additional Requirements for .JP Registrants
You agree to be bound by any registry rules, policies, and
agreements for this ccTLD, which are incorporated herein. You must
choose from the following list of Japanese Prefecture codes and
submit this information with Your order. Prefecture codes are
defined as follows:
01 HOKKAIDO 13 SAITAMA 25 OSKA 37 TOKUSHIMA
02 AOMORI 14 IBARAKI 26 WAKAYAMA 38 EHIME
03 IWATE 15 TOCHIGI 27 HYOGO 39 KOCHI
04 AKITA 16 GUNMA 28 TOYAMA 40 FUKUOKA
05 YAMAGATA 17 YAMANASHI 29 FUKUI 41 SAGA
06 MIYAGI 18 SHIZUOKA 30 ISHIKAWA 42 NAGASAKI
07 FUKUSHIMA 19 GIFO 31 OKAYAMA 43 KUMAMOTO
08 NIIGATA 20 AICHI 32 SHIMANE 44 OITA
09 NAGANO 21 MIE 33 YAMAGUCHI 45 MIYAZAKI
10 TOKYO 22 KYOTO 34 TOTTORI 46 KAGOSHIMA
11 KANAGAWA 23 SHIGA 35 HIROSHIMA 47 OKINAWA
12 CHIBA 24 NARA 36 KAGAWA
|
34. provisions specific to .NZ registrants
(.CO.NZ, .ORG.NZ, .NET.NZ) |
|
You represent and warrant that You meet the eligibility
requirements of this ccTLD. You further agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The
registration guidelines for this ccTLD are available online and
are incorporated herein.
If you are registering a Second Level Domain under this ccTLD,
You further agree to be bound by the Second Level Domain's rules,
policies, and agreements, which are incorporated and made a part of
this Agreement herein.
.NZ Registration Restrictions (.CO.NZ, .ORG.NZ, NET.NZ)
You represent and warrant that You are an identifiable individual
over 18 years of age or a properly constituted organization.
|
35. provisions specific to .AT registrants
|
| You represent and warrant that You meet the
eligibility requirements of this ccTLD. You further agree to be
bound by any registry rules, policies, and agreements for this
ccTLD. The registration guidelines for this ccTLD are available online and are
incorporated herein. |
36. provisions specific to .UK registrants
(.ORG.UK, .ME.UK, .CO.UK) |
|
You represent and warrant that You meet the eligibility
requirements of this ccTLD. You further agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The
registration guidelines for this ccTLD are available here
and the rules are available here
, and are incorporated herein.
If you are registering a Second Level Domain under this ccTLD,
You further agree to be bound by the Second Level Domain's rules,
policies, and agreements, which are incorporated and made a part of
this Agreement herein. |
37. provisions specific to .CC registrants
|
| You represent and warrant that You meet the
eligibility requirements of this ccTLD. You further agree to be
bound by any registry rules, policies, and agreements for this
ccTLD. The registration guidelines for this ccTLD are available online
and are incorporated herein. |
38. provisions specific to .TV registrants
|
|
You represent and warrant that You meet the eligibility
requirements of this ccTLD. You further agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The
registration guidelines for this ccTLD are available online
and are incorporated herein.
.TV Registration Restrictions
If You are registering a multi-lingual .TV domain name, You are
aware of and agree that the domain name must be less than 16
characters in length. The FAQ on multi-lingual .TV domain names is
available online
. |
|
|
40. ADDITIONAL REQUIREMENTS FOR .cn
REGISTRANTS |
|
If You are registering a .CN domain name You also agree to:
Limitations on Registration
You may not register or use a domain name that is deemed by China
Internet Network Information Center (“CNNIC”) to:
- Be against the basic principles prescribed in the Constitution
of the Peoples Republic of China (“PRC”);
- Jeopardize national security, leak state secrets, intend to
overturn the government, or disrupt the state of integrity of the
PRC;
- Harm national honor and national interests of the PRC;
- Instigate hostility or discrimination between different
nationalities, or disrupt the national solidarity of the PRC;
- Violate the PRC’s religion policies or propagate cult and
feudal superstition;
- Spread rumors, disturb public order or disrupt social
stability of the PRC;
- Spread pornography, obscenity, gambling, violence, homicide,
terror or instigate crimes in the PRC;
- Insult, libel against others and infringe other people’s legal
rights and interests in the PRC; or
- Take any other action prohibited in laws, rules and
administrative regulations of the PRC.
Restrictions on Transfer of cnTLD Domain Names
You understand that you may not transfer to or from a domain
registrar that is headquartered or controlled by an entity located
inside China .
Jurisdiction
For the adjudication of disputes concerning or arising from use
of the registered .cn Domain Name, You agree to submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts of (1) your domicile state, (2) Arizona,
and (3) the People’s Republic of China .
Suspension of Service:
You agree that Your registration of the .cnTLD domain name shall
be subject to suspension, cancellation, or transfer pursuant to any
NeuLevel or CNNIC adopted specification or policy.
Compliance with CNNIC Dispute Resolution Policy
You agree to obey, comply with and be bound by the CNNIC Dispute
Resolution Policy and any and all updates, revisions and
modifications, which may be made by CNNIC from time to time. The
CNNIC Dispute Resolution Policy may be currently accessed here.
Right to Accept Notice
You give Finexe Services the right to accept written complaints from
third parties against false and/or inaccurate Whois data and You
agree to follow any procedural regulation that may exist between the
.CN registry operator, currently NeuLevel Inc. and Finexe Services .
Indemnification
You agree to indemnify, defend and hold harmless the .CN Registry
Operator, NeuLevel, 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. This indemnification requirement shall
survive the termination or expiration of the registration agreement.
.CN Registration Restrictions
You acknowledge and agree that You are not permitted to purchase
private or proxy .CN registrations. You shall register for any and
all .CN registrations using Your personal information, which
information You represent and warrant is current, accurate and
complete. |
41. ADDITIONAL REQUIREMENTS FOR .JOB
REGISTRANTS |
|
If You are registering a .JOB domain name You also:
- Agree to provide information regarding membership in a Human
Resource Association, and the identity of any such association;
- Agree to provide the URL of Your existing company website;
- Acknowledge that you have read, understood and agree to be
bound by the .Job's Registry-Registrant agreement as amended from
time to time, located here;
- Warrant that you meet the eligibility requirements as provided
by the Registry and as modified from time to time, and to abide by
the JOBS Usage Policy and Terms and Conditions as amended from
time to time and stated here;
- Agree to abide by the SHRM code of professional ethics as
stated here;
- Agree to indemnify, defend and hold harmless the Registry
Operator and its subcontractors, shareholders, directors,
officers, employees, affiliates and agents of 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 Your domain name registration. This
indemnification obligation shall survive the termination or
expiration of this Agreement; and
- Further acknowledge and agree that the Registry Operator is an
intended third party beneficiary of this Agreement, with a right
to enforce the terms and provisions contained herein.
|
Finexe Services. Norrbyvägen 16, SE-16869 Bromma,
SWEDEN
Copyright © 2003-2004 Finexe Services. All Rights
Reserved.
| |