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GB Reg Terms -
Domains |
Service Agreement - Hosting
| Terms & Conditions
- Web Design
WHO WE ARE AND WHAT WE DO | FEES
| DISPUTE POLICY | CHANGES
TO REGISTRATION AGREEMENT AND DISPUTE POLICY |
CONTACT WITH GB REG | DOMAIN NAME REGISTRATION
INFORMATION AND ITS USE | OWNERSHIP OF DATA |
AGENTS AND LICENSES | LIMITATION
OF LIABILITY | INDEMNIFICATION OF GB REG
| REPRESENTATIONS AND WARRANTIES |
BREACH AND REVOCATION | FREE DOMAIN OFFER | OTHER
TERMS AND CONDITIONS | GENERAL
This Service Agreement ("Agreement") sets forth the terms and conditions
of our agreement relating to your use of the domain name registration
services provided by GB REG to register an Internet domain name, as well as
the registration of the domain name.
To complete the registration process, you must acknowledge that you have
read, understood, and agree to be bound by all the terms and conditions of
this Agreement, any rules or policies that are or may be published by GB REG
from time to time, and the rules and regulations set forth by the registry
administrators for the respective registries. This Agreement will become
effective upon acceptance by GB REG.
GB REG may at its sole discretion, elect to accept or reject any application
for registration of domain name for any reason, including but not limited
to, rejection due to a request for registration of a prohibited domain name.
1. WHO WE ARE AND WHAT WE DO
GB REG has been granted the right to provide Internet domain registration
services for second-level domain names within the .com, .org, .net, .co.uk,
.org.uk, .ltd.uk and .plc.uk top-level domains.
ICANN oversees the .com, .org and .net top-level domains.
Nominet oversees the .co.uk, .org.uk, .ltd.uk and .plc.uk top-level domains.
Upon GB REG's receipt of domain name registration information from you, GB
REG shall submit the information to the registry administrator for the
appropriate top-level domain for approval and processing. The registry
administrator then puts into effect the domain name registration. Network
Solutions, Inc. currently acts as the registry administrator for the .com,
.org, and .net top-level domains. Nominet UK acts as the registry
administrator for the .co.uk, .org.uk, .ltd.uk and
.plc.uk top-level domains.
2. FEES
As consideration for GB REG providing domain name registration services to
you, you agree to pay GB REG, prior to the approval of the desired domain
name registration, the amounts set forth in the GB REG Price Schedule, as
amended from time to time, for the initial registration of the domain name
and any subsequent renewals.
Your application will not be registered until GB REG receives actual payment
of the registration fee. If GB REG does register a domain name prior to
payment of the registration fee, GB REG reserves the right to cancel that
registration or restrict use of the domain name until payment has been
received.
All fees must be prepaid and are non-refundable, in whole or in part, even
if the domain name registration is suspended, cancelled or transferred prior
to the end of the registration term.
In the event of a charge back by a credit card company or other payment
provider authorised by GB REG, the domain name registration shall be
transferred to GB REG as the paying entity for the registration. GB REG may
reinstate your domain name registration at its sole discretion upon
its receipt of the registration or renewal fee and its then current
reinstatement fee. The reinstatement fee is currently GBP £100.
Payment must be made by credit card or other methods we indicate in
registration application or renewal form. We will renew your name for you
provided your credit card or other billing information is available and up
to date. If your billing information is not accurate and you wish to renew
your domain name registration, we will contact you to update this
information and charge accordingly.
Fess for payment of the domain renewal will be charged at the applicable
rate for that domain tld at the renewal date. Where an introductory special
offer is provided, at renewal the normal price, if shown, will be payable.
3. DISPUTE POLICY
You agree to be bound by the GB REG Domain Name Dispute Policy (the "Dispute
Policy"), as amended from time to time, which is hereby incorporated and
made a part of this Agreement by reference. The Dispute Policy can be found
here <link>.
The Dispute Policy governs any dispute between you and any party other
than us over the registration and use of the domain name. The specific
disputes which are subject to the Dispute Policy are contained in the
Dispute Policy. You agree that you will be subject to the provisions
specified in the Dispute Policy in effect at the time the domain name
registration is disputed by a
third party.
You also agree that in the event a domain name dispute arises with any third
party, you shall indemnify and hold GB REG harmless pursuant to the terms
and conditions contained in the Dispute Policy.
4. CHANGES TO REGISTRATION AGREEMENT AND DISPUTE POLICY
You acknowledge and recognize that the domain name system and the practice
of registering and administering domain names are continuously evolving, and
acknowledge and agree that GB REG may modify this Agreement and the Dispute
Policy as necessary from time to time to comply
with any agreements by which GB REG is or will be bound, and to adjust to
changing business circumstances.
Your continued use of the registered domain name constitutes acceptance of
this Agreement and amendments. If at any time, you do not agree to such
changes, you agree that your sole remedy is to request that your domain name
registration be cancelled or transferred to a different domain name
registrar.
5. CONTACT WITH GB REG
You acknowledge and recognize that all contact with GB REG in the first
instance should be made via the online form available on our website here,
or via our postal address.
You agree that GB REG is not obliged to offer telephone support as part of
your agreement.
6. DOMAIN NAME REGISTRATION INFORMATION AND ITS USE
Information you are required to Submit:
As part of the registration process, you are required to
submit to GB REG and keep updated the following information in connection
with your application for
domain name registration:
(a) the domain name to be registered;
(b) the domain name holder's name and mailing address;
(c) the name, mailing address, email address, telephone
number, and fax number of the administrative contact for
the domain name; and
(d) the name, mailing address, email address, telephone
number and fax number of the billing contact for the
domain name.
You shall provide and maintain updated information at all times with GB REG.
GB REG at its option may refuse to renew any registrations unless you
maintain current and updated information at all times.
GB REG may from time to time request additional information from you. While
not obligated to provide the additional information, you should provide the
additional requested information to ensure that you will obtain all the
products and services which GB REG makes available to
domain name registrants.
Additional Information Maintained About your Registration:
In Addition to the information you provide, we maintain
additional information relating to your domain name
registration, including:
(a) the original creation date of the registration;
(b) the date and time the registration application was
submitted to us and the appropriate registry;
(c) communications constituting registration orders,
modifications, or terminations and related
correspondence;
(d) records of account for your domain name registration,
including dates and amounts of all payments and refunds;
(e) the IP names and address of the primary name servers
and any secondary name servers;
(f) the name, mailing address, email address, telephone
number, and fax number of the technical contact for the
domain name;
(g) the name, mailing address, email address, telephone
number, and fax number of the zone contact for the domain
name;
(h) the expiration date of the registration; (i)
other information regarding all other activity regarding
your domain name registration and related services.
Obligations Relating to Data Provided by You
If in registering a domain name you provide information
about a third party, you hereby represent that you have
provided notice to and have obtained the express consent
from the third party to the disclosure and use of the
third party's information as set forth in this Agreement.
Disclosure and Use of Registration Information
You agree to authorize GB REG to provide any information
to ICANN, the registry administrators and to other third
parties as ICANN and applicable laws may require or
permit. You acknowledge and agree GB REG may make
publicly available, some or all of the domain
registration information provided by you, for purposes of
inspection such as through GB REG's WHOIS service, for
targeted marketing, or for any other purpose as required
or permitted by ICANN and applicable laws.
In addition, you acknowledge that ICANN may establish
guidelines, limits and requirements that relate to the
amount and type of information that GB REG may or must
make available to the public or to private entities, and
the manner in which such information is made available.
You hereby consent to any and all such disclosures and
use of, and guidelines, limits and restrictions on
disclosure or use of information and updated from time to
time provide in connection with registration of a domain
name, whether during or after term of the registration of
the domain name. You hereby irrevocably waive any and
claims and causes of action you may have arising from
such disclosure or use of the domain name registration
information.
You may access your domain name registration information
in GB REG's possession to review, modify or update such
information, by accessing our domain manger service, or
similar service, available at our web site at
http://www.stonehengeinternet.co.uk/domains.
We will not process any data about any identification
natural person that we obtain from you in a way
incompatible with the purpose and limitations described
in this Agreement. We will take reasonable precautions to
protect the information we obtain from you from our loss,
misuse, unauthorised access or disclosure, alteration or
destruction of that information.
7. OWNERSHIP OF DATA
You agree and acknowledge that GB REG owns the following:
(a) all database, compilation, collective and similar
right, title and interests worldwide in the domain name
database;
(b) all information and derivative works generated from
the domain name database; and
(c) information for the registrations for which GB REG
acts as the registrar including:
(i) the original creation date of the registration;
(ii) the expiration date of the registration;
(iii) the name, mailing address, email address, telephone
number, and fax number of the technical contact,
administrative contact, zone contact, and billing contact
for the domain name;
(iv) remarks concerning the registered domain name that
appear or should appear in the WHOIS or similar database;
and
(v) other information generated or obtained in connection
with the provision of domain name registration services,
other the domain name being registered, and the IP names
and addresses of the primary nameserver and any secondary
nameservers.
GB REG does not have any ownership interest in your specific personal registration information outside of
your right in our domain name database.
8. AGENTS AND LICENSES
You agree that in the event you register a domain name
for another entity, you represent that you have the
authority to bind that entity as a principal to all terms
and conditions contained in this Agreement.
You acknowledge and agree that if you license the use of
your registered domain name to a third party, you remain
the domain name holder of record and remain responsible
for all obligations under this Agreement, including
payment obligations, and providing and updating your full
contact information, and accurate technical,
administrative, billing, and zone contact information
adequate to facilitate timely Resolution of any problems
that arise in connection with domain name and domain
registration.
9. LIMITATION OF LIABILITY
You agree that GB REG shall, under no circumstances, be
liable for any special, indirect, incidental, punitive,
exemplary, or consequential damages resulting from loss
of profits, arising out of or in connection with this
Agreement, even if GB REG has been advised of the
possibility of such damages, and in particular GB REG
will not be liable for the following:
(a) suspension or loss of your domain registration;
(b) use of your domain name registration;
(c) interruption of your business;
(d) access delays or interruptions to any web sites
accessed by your registered domain name;
(e) non-delivery, mis-delivery, corruption, destruction,
or modification of data;
(f) events beyond the reasonable control of GB REG;
(g) processing of an application for domain name
registration; or
(h) application of the Dispute Policy.
GB REG shall not, under any circumstances, be liable or
responsible for any errors, omissions or other actions by
the registry administrator arising out of or related to
your application, receipt of, or failure to receive a
domain name registration.
GB REG's maximum aggregate liability shall not exceed the
greater of:
(a) the total amount paid by you for registration of the
domain name; and
(b) £50.00 (UK Pounds).
10. INDEMNIFICATION OF GB REG
You agree to defend, indemnify and hold harmless GB REG
and the registry administrator, including our and its employees, directors, officers, representatives, agents
and affiliates, from and against any claim, action, suit,
demand, loss, damages, costs ( including reasonable legal
fees, expert witness fees and expenses), or other
proceeding related to or arising out of the registration
or use of the domain name. This indemnification is in
addition to any indemnification required under the
Dispute Policy.
11. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) all information provided in connection with your
domain name registration is accurate; and
(b) 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.
You acknowledge and agree that all domain name
registration services provided to you by GB REG are
provided on an "as is" basis. GB REG makes no
representations or warranties of any kind, express or
implied, in connection with this Agreement or its domain
name registrations services, including but not limited to
warranties of merchantability or fitness for a particular
purpose. GB REG makes no representation or warranties of
any kind that registrations or use of domain name under this Agreement will immunize you from challenges to the
domain name registration or from suspension,
cancellation, or transfer of the domain name to you.
12. BREACH AND REVOCATION
GB REG reserves the right to suspend, cancel, transfer or
modify your domain name registration in the event that:
(a) you materially breach this Agreement;
(b) you use your registered domain name to send
unsolicited commercial advertisements in contravention of
applicable laws or customary acceptable usage policies of
the Internet;
(c) you use your domain name in connection with unlawful
activity; or
(d) grounds arise for such suspension, cancellation,
transfer or other modification as provided in this
Agreement.
You further acknowledge and agree that your domain name
registration is subject to suspension, cancellation or
transfer by any ICANN procedure, by any registrar
(including GB REG) or registry administrator procedures
approved by an ICANN-adopted policy, or by any other
country code top-level domain registry administering
procedures to correct mistakes by GB REG, another
registrar or the registry administrator in administering
the name or for the resolution of disputes concerning the
domain name.
You also agree that GB REG shall have the right in its
sole discretion to suspend, cancel, transfer or otherwise
modify a domain name registration upon seven (7) calendar
days prior written notice, or at such time as GB REG
receives a properly authenticated order from a court of
competent jurisdiction, or arbitration award, requiring
the suspension, cancellation transfer or modification of
the domain name registration.
You acknowledge and agree that:
(a) providing inaccurate information;
(b) failing to update information promptly; or
(c) failing to respond to GB REG's inquiries concerning
the accuracy of contact details within fifteen (15)
calendar days of request;
shall constitute a material breach of this Agreement and
will be sufficient basis for cancellation of your domain
name registration.
13. FREE DOMAIN OFFER
This applies to hosting and server plans only from GB Reg.
The offer is for the refund of a UK domain registered through GB Reg
using Nominet, ie: .co.uk, .me.uk, .org.uk only.
To facilitate
the action of ordering multiple domain names in one transaction, this credit
will only now be applied in the following way, following the second payment
of the monthly plan or where the plan is quarterly, half yearly or annual,
the refund will be applied one month after commencement.
14. OTHER TERMS AND CONDITIONS
Force Majeure. GB REG shall not be responsible for any
failure to provide any service or perform any obligation
because of any act of God, strike, work stoppage,
governmental acts or directives, war, riot or civil
commotion, equipment or facilities shortages which are
being experienced by providers of telecommunication
services generally, or other similar force beyond its
reasonable control.
Non-Waiver. The failure of GB REG to require your
performance provision shall not affect the full right to
require such performance at any time thereafter; nor
shall the waiver by GB REG of a breach of any provision
hereof be taken or held to be a waiver of the provision
itself.
Survival. The provisions, terms, conditions
representations, warranties, covenants, and obligations
contained in or imposed by this Agreement which by their
performance after the termination of this Agreement,
shall be and remain enforceable not with standing
termination of the Agreement for any reason. However,
neither party shall be liable to other for damages of any
sort resulting solely from terminating this Agreement in
accordance with its terms but each party shall be liable
for any damage from any breach by it of this Agreement.
Notice. You agree that any notice or communications
required or permitted to be delivered under this
Agreement by GB REG to you shall be deemed to have been
given if delivered by e-mail, overnight mail or United
States mail in accordance with the contact information
you have provided.
Governing Law. Except as otherwise set forth in the
Dispute Policy with respect to disputes, this Agreement,
your rights and obligations and all contemplated by this
Agreement shall be governed by the laws of the United
Kingdom.
Legal Fees. If any legal action or proceeding, including
arbitration, relating to the performance or the
enforcement of any provision of this Agreement is brought
by any party to this Agreement, the prevailing party
shall be entitled to recover reasonable legal fees,
expert witness fees, costs and disbursements, in addition
to any other relief to which the prevailing party may be
entitled.
Assignment. You shall not assign, sub-license or transfer
your rights or obligations under this Agreement to any
third party without the prior written consent of GB REG
However, in the event that GB REG consents to such an
assignment, sub-license or transfer, then this Agreement
shall ensure to the benefit of and be binding upon the
parties and their respective successors and permitted
assigns.
15. GENERAL
Entire Agreement: This Agreement constitutes the entire
Agreement between the parties and agreements are
representations or warranties, express or implied,
statutory or otherwise and no agreements collateral here
to than as expressly set or referred to here in. This
Agreement supersedes any prior agreements,
representations, statements, negotiations,
understandings, proposals or undertakings, oral or
written, with respect to the subject matter expressly set
forth here in.
Amendment in Writing: This Agreement may not be amended or
modified by you except by means of a written document
signed by both you and an authorized representative of GB
REG.
Further Assurances: The parties shall execute such
further and other documents and instruments and take such
further and other actions as may be necessary to carry
out and give full effect to the transactions contemplated
by this Agreement.
Relationship of the Parties: Nothing in this Agreement
shall be construed as creating an agency relationship,
partnership or joint venture between the parties.
Joint and Several Obligations: If any party consists of
more than one entity, their obligations here under are
joint and several.
No Third Party Beneficiaries: This Agreement does not
provide and shall not be constructed to provide any third
parties, with any remedy, claim, cause of action or
privilege.
Severability: In the event that any provision of this
Agreement shall be unenforceable or invalid under any
applicable law or be so held by applicable court
decision, such unenforceability or invalidity shall not
render this Agreement unenforceable or invalid as a
whole. GB REG will amend or replace such provision with
one that is valid and enforceable and which achieves, to
the extent possible, the original objectives and intent
of GB REG as reflected in the original provision.
Specific TLD Registration Agreements
------------------------------------------
The following terms and conditions apply to .UK domain
name registrations.
The following terms and conditions apply to TV, .CC, .BZ, and .WS domain
name registrations:
In addition to the terms set forth above, the following terms shall apply
to registrants of .TV, .CC, .BZ, and .WS domain names. Your registration of
a domain name in the .TV, .CC, .BZ, or .WS top-level domain ("New TLD Domain
Name"), is subject to policies established or revised from time to time by
the registry for such New TLD Domain Name ("New TLD Registry"), in its
capacity as the registry for its respective Top Level Domain. Each
respective New TLD Registry's current policies ("New TLD Registry Policies")
are available for you to review at each New TLD's respective web site. You
agree to be bound by and comply with the applicable New TLD Registry
Policies, including amendments and modifications thereto, with respect to
your New TLD Domain Name registration. Such policies shall not alter the
terms and conditions of this Agreement. To the extent there is a conflict
between the New TLD Registry policies and the terms of this Agreement, the
terms of this Service Agreement shall prevail. You agree that the New TLD
Registry has the right to enforce the New TLD Registry Policies.
The following terms and conditions apply to .INFO domain
name registrations:
Should you seek to register a .INFO second level domain name you, the
registrant, must also agree to the following terms:
Registrant consents to the use, copying, distribution, publication,
modification, and other processing of Registered Domain Name Holder's
Personal Data by Afilias, the .INFO Registry Operator, and its designees and
agents in a manner consistent with the purposes specified pursuant in its
contract.
Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name
Dispute Policy (UDRP) and comply with the requirements set forth by Afilias
for domain names registered during the Sunrise Period, including the
mandatory Sunrise Dispute Resolution Policy. These policies are subject to
modification.
Registrant agrees to immediately correct and update the registration
information for the Registered Name during registration term for the
Registered Name, failure to correct this information shall constitute a
breach of this Agreement.
Registrant acknowledges that Afilias, the GB Regfor .INFO, will
have no liability of any kind for any loss or liability resulting from the
proceedings and processes relating to the Sunrise Period or the Land Rush
Period, including, without limitation:
the ability or inability of a registrant to obtain a Registered Name during
these periods, and
the results of any dispute over a Sunrise Registration.
Registrar and Afilias, the GB Regfor .INFO, expressly reserve
the right to deny, cancel or transfer any registration that it deems
necessary, in its discretion, to protect the integrity and stability of the
registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal, on the
part of Registrar and/or Afilias as well as their affiliates, subsidiaries,
officers, directors and employees. Registrar and Afilias also reserve the
right to freeze a domain name during resolution of a dispute.
The following terms and conditions apply to .BIZ domain
name registrations
Should you seek to register a .BIZ second level domain name you, the
registrant, must also agree to the following terms:
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:
the exchange of goods, services, information, or property of any kind; or,
the ordinary course of trade or business. Registering a domain name solely
for the purposes of selling, trading or leasing the domain name for
compensation, or 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 exclusively for personal use; or
solely for the purposes of selling, trading or leasing the domain name for
compensation, or the unsolicited offering to sell, trade or lease the domain
name for compensation. For more information on the .BIZ restrictions, which
are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html.
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.
PROVISION OF REGISTRATION DATA. Provision of Registration Data. As part of the registration process, you are
required to Provide us with certain information and to update this
information to keep it current, complete and accurate. This information
includes:
your full name, postal address, e-mail address, voice telephone number, and
fax number if available;
the name of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation;
the IP addresses of the primary nameserver and any secondary nameserver(s)
for the domain name;
the corresponding names of those nameservers;
the full name, postal address, e-mail address, voice telephone number, and
fax number if available of the technical contact for the domain name;
the full name, postal address, e-mail address, voice telephone number, and
fax number if available of the administrative contact for the domain name;
the name, postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the domain name; and
any remark concerning the registered domain name that should appear in the
Whois directory. You agree and understand that the foregoing registration
data will be publicly available and accessible on the Whois directory as
required by ICANN/Registry Policy and may be sold in bulk in accordance with
the ICANN Agreement.
Inaccurate or Unreliable Data. You hereby represent and warrant that the
data provided in the domain name registration application is true, correct,
up to date and complete and that you will continue to keep all the
information provided up to date. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update information
provided to us, or any failure to respond for over five calendar days to our
inquiries addressed to the e-mail address of the administrative, billing or
technical contact then appearing in the Whois directory with respect to an
domain name concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered by or
through you or your account, shall constitute a breach of this Agreement.
Any information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this Agreement
and as required or permitted by the ICANN Agreement or any ICANN/Registry
Policy.
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 Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html;
and
The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute
between a registrant of a .BIZ domain name ("Registrant") with any third
party (other than GB Regor 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 GB Regto 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
GB Regor Registrar over the registration and use of an Internet
domain name registered by Registrant.
The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and any party other than the GB Regor
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. GB Regwill
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:
we are directed to do so by the judicial or administrative body, or
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.
GB Reg, Inc. 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 GB Reg, Inc. and/or NeuLevel, Inc., as well as their affiliates,
subsidiaries, officers, directors and employees. GB Reg, Inc. and NeuLevel,
Inc. also reserve the right to freeze a domain name during resolution of a
dispute.
The following terms and conditions apply to .NAME domain
name registrations
Should you seek to register a .NAME second level domain name you, the
registrant, must also agree to the following terms:
DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered marks to
exclusively pre-register on the .NAME space and create a protective barrier
for their trademarks. A "Defensive Registration" is a registration granted
to a third party of a specific string on the second or third level, or of a
specific set of strings on the second and third levels, which will not
resolve within the domain name system but may prevent the registration of
the same string(s) on the same level(s) by other third party applicants.
PHASES OF DEFENSIVE REGISTRATIONS
As a Defensive Registration Registrant ("Defensive Registrant"), you hereby
certify to the best of your knowledge that for Phase I Defensive
Registrations ("Phase I Defensive Registrants"), you own valid and
enforceable trademark or service mark registrations having national effect
that issued prior to April 16, 2001 for strings that are identical to the
textual or word elements, using ASCII characters only, subject to the same
character and formatting restrictions as apply to all registrations in the
Registry TLD. You understand that trademark or service mark registrations
from the supplemental or equivalent Registry of any country, or from
individual states or provinces of a nation, will not be accepted. Subject to
the same character and formatting restrictions as apply to all registrations
in the Registry TLD, if a trademark or service mark registration
incorporates design elements, the ASCII character portion of that mark may
qualify to be a Phase I Defensive Registration.
Phase II Defensive Registrants may apply for a Defensive Registration for
any string or combination of strings.
Defensive Registrants, whether Phase I or Phase II shall comply with the
following Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
There are two levels of Defensive Registrations, each of which is subject to
payment of a separate fee;
Multiple persons or entities may obtain identical or overlapping Defensive
Registrations upon payment by each of a separate registration fee;
The Defensive Registrant must provide the information requested in Section
3(i) below;
A Defensive Registration will not be granted if it conflicts with a
then-existing Personal Name Registration or other reserved word or string.
PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with
certain information and to update this information to keep it current,
complete and accurate. You must provide contact information, including name,
email address, postal address and telephone number, for use in disputes
relating to the Defensive Registration. You understand and agree that this
contact information will be provided as part of the Whois record for the
Defensive Registration. You further understand that the foregoing
registration data may be transferred outside of the European Community, such
as to the United States, and you expressly consent to such export.
In addition to the information provided in subsection (i) above, Phase I
Defensive Registrants must also provide
the name, in ASCII characters, of the trademark or service mark being
registered;
the date the registration issued;
the country of registration; and
the registration number or other comparable identifier used by the
registration authority
You hereby represent and warrant the data provided in the registration
application is true, correct, up-to-date and complete and that you will
continue to keep all of the information provided up-to-date. Your wilful
provision of inaccurate or unreliable information, your wilful failure
promptly to update information provided to us, or any failure to respond for
over five (5) calendar days to our inquiries addressed to the email address
of the administrative, billing or technical contact then appearing in the
publicly available Whois directory with respect to a Defensive
Registration(s) concerning the accuracy of contact details associated with
any such Defensive Registration(s) registered by or through you or your
account shall constitute a breach of this Agreement.
DOMAIN NAME DISPUTE POLICY
If you registered a Defensive Registration, you agree that:
the Defensive Registration will be subject to challenge pursuant to the
Eligibility Requirements Dispute Resolution Policy ("ERDRP");
if the Defensive Registration is successfully challenged pursuant to the
ERDRP, the Defensive Registrant will pay the challenge fees; and
if a challenge is successful, then the Defensive Registration will be
subject to the procedures described in Section 2(h) of Appendix L to the
agreement of Global Name Registry ("Registry Operator") with the Internet
Corporation for Assigned Names and Numbers ("ICANN"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm
You further agree that if a Phase I Defensive Registration is successfully
challenged on the basis that it did not meet the applicable Eligibility
Requirements, the Defensive Registrant will thereafter be required to
demonstrate, at its expense, that it meets the Eligibility Requirements for
Phase I Defensive Registrations for all other Phase I Defensive
Registrations that it registered within .NAME through any Registrar. In the
event that the Defensive Registrant is unable to demonstrate the foregoing
with respect to any such Phase I Defensive Registration(s), those Defensive
Registration(s) will be cancelled.
The ERDRP applies to, among other things, challenges to Defensive
Registrations within .NAME and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
DEFENSIVE REGISTRATION 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 Defensive Registration 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.
DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive Registration is challenged by a third
party, you will be subject to the provisions specified in our Defensive
Registration dispute policy in effect at the time of the dispute. You agree
that in the event a Defensive Registration dispute arises with any third
party, you will indemnify and hold GB Reg, 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 Defensive Registration, you agree not to make any changes to your
Defensive Registration record without our prior approval. We may not allow
you to make changes to such Defensive Registration record until
we are directed to do so by the judicial or administrative body, or
we receive notification by you and the other party contesting your Defensive
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 Defensive Registration and use of our domain name
registration services, we may deposit control of your Defensive Registration
record into the registry of the judicial body by supplying a party with a
Registrar certificate from us.
CONSENT
Defensive Registrants may be asked to give their consent to allow
individuals to share a part of their space. For example, if you have filed a
Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and
PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to
register JOHN.PQR.name if he can prove that PQR is his name. In such a
circumstance, you will have five (5) days to respond to a request for
consent.
.NAME REGISTRATION RESTRICTIONS
Registrations in the .NAME TLD must constitute an individual's "Personal
Name". For purposes of the .NAME restrictions (the "Restrictions"), a
"Personal Name" is a person's legal name, or a name by which the person is
commonly known. A "name by which a person is commonly known" includes,
without limitation, a pseudonym used by an author or painter, or a stage
name used by a singer or actor.
.NAME CERTIFICATIONS
As a .NAME domain name Registrant, you hereby certify to the best of your
knowledge that:
You have the authority to enter into this Agreement; and
The registered domain name or second level domain ("SLD") email address is
your Personal Name.
PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with
certain information and to update this information to keep it current,
complete and accurate. This information includes the information contained
in the Whois directory, including:
your full name and postal address, email address, voice telephone number,
and fax number, if available;
the IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name;
the full name, postal address, email address, voice telephone number, and
fax number, if available, of the technical contact for the domain name;
the full name, postal address, email address, voice telephone number, and
fax number if available of the administrative contact for the domain name;
the name, postal address, email address, voice telephone number, and fax
number, if available, of the billing contact for the domain name. You agree
and understand that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by Internet
Corporation for Assigned Names and Numbers ("ICANN")/Registry Policy. You
further understand that the foregoing registration data may be transferred
outside of the European Community, such as to the United States, and you
expressly consent to such export.
You hereby represent and warrant the data provided in the registration
application is true, correct, up-to-date and complete and that you will
continue to keep all of the information provided up-to-date. Your willful
provision of inaccurate or unreliable information, your wilful failure
promptly to update information provided to us, or any failure to respond to
our inquiries addressed to the email address of the administrative, billing
or technical contact then appearing in the Whois directory with respect to a
domain name concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered by or
through you or your account shall constitute a breach of this Agreement. Any
information collected by us concerning an identified or identifiable natural
person ("Personal Data") will be used in connection with the registration of
your domain name(s) and for the purposes of this Agreement and as required
or permitted by the ICANN Agreement or an ICANN/Registry Policy.
DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .NAME 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 Eligibility Requirements (the "Eligibility Requirements"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names and
Personal Name SLD email addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result of a
dispute resolution proceeding or during the landrush procedures in
connection with the opening of the Registry TLD. The following categories of
Personal Name Registrations may be registered:
the Personal Name of an individual;
the Personal Name of a fictional character, if you have trademark or service
mark rights in that character's Personal Name;
in addition to a Personal Name registration, you may add numeric characters
to the beginning or the end of your Personal Name so as to differentiate it
from other Personal Names.
The ERDRP applies to challenges to registered domain names and SLD email
address registrations within .NAME on the grounds that a Registrant does not
meet the Eligibility Requirements, and
to Defensive Registrations within .NAME.
The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and party other than Global Name Registry ("Registry
Operator") or Registrar over the registration and use of an Internet domain
name registered by a Registrant.
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 or SLD email address
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 GB Reg 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
we are directed to do so by the judicial or administrative body, or
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.
EMAIL FORWARDING
The service for which you have registered may, at your option, include Email
Forwarding. To the extent you opt to use Email Forwarding, you are obliged
to do so in accordance with all applicable legislation and are responsible
for all use of Email Forwarding, including the content of messages sent
through Email Forwarding.
You undertake to familiarise yourself with the content of and to comply with
the generally accepted rules for Internet and email usage. This includes,
but is not limited to the Acceptable Use Policy, available at _____________,
as well as the following restrictions. Without prejudice to the foregoing,
you undertake not to use Email Forwarding:
to encourage, allow or participate in any form of illegal or unsuitable
activity, including but not restricted to the exchange of threatening,
obscene or offensive messages, spreading computer viruses, breach of
copyright and/or proprietary rights or publishing defamatory material;
to gain illegal access to systems or networks by unauthorized access to or
use of the data in systems or networks, including all attempts at guessing
passwords, checking or testing the vulnerability of a system or network or
breaching the security or access control without the sufficient approval of
the owner of the system or network;
to interrupt data traffic to other users, servers or networks, including,
but not restricted to, mail bombing, flooding, Denial of Service (DoS)
attacks, wilful attempts to overload another system or other forms of
harassment; or
for spamming, which includes, but is not restricted to, the mass mailing of
unsolicited email, junk mail, the use of distribution lists (mailing lists)
which include persons who have not specifically given their consent to be
placed on such a distribution list.
Users are not permitted to provide false names or in any other way to pose
as somebody else when using Email Forwarding.
GB Reg reserves the right to implement additional anti-spam measures, to
block spam or mail from systems with a history of abuse from entering
Registry Operator's Email Forwarding. However, due to the nature of such
systems, which actively block messages, GB Reg shall make public any
decision to implement such systems a reasonable time in advance, so as to
allow you or GB Reg to give feedback on the decision.
You understand and agree that GB Reg may delete material that does not
conform to clause (iii) above or that in some other way constitutes a misuse
of Email Forwarding. You further understand and agree that GB Reg is at
liberty to block your access to Email Forwarding if you use Email Forwarding
in a way that contravenes this Agreement. You will be given prior warning of
discontinuation of the Email Forwarding unless it would damage the
reputation of GB Reg or jeopardize the security of GB Reg or others to do
so. GB Reg reserves the right to immediately discontinue Email Forwarding
without notice if the technical stability of Email Forwarding is threatened
in any way, or if you are in breach of this Agreement. On discontinuing
Email Forwarding, GB Regis not obliged to store any contents or to forward
unsent email to you or a third party. You understand and agree that to the
extent GB Reg is required by law to disclose certain information or material
in connection with your Email Forwarding, GB Reg will do so in accordance
with such requirement and without notice to you.
RESERVATION OF RIGHTS
GB Reg, expressly reserve the right to deny, cancel or transfer any
Defensive 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 GB Reg as well as their
affiliates, subsidiaries, officers, directors and employees. GB Reg also
reserve the right to freeze a Defensive Registration during a resolution of
a dispute.
LIMITATION OF LIABILITY
You agree that GB Reg will have no liability of any kind for any loss or
liability resulting from
the processing of Defensive Registration requests prior to live SRS launch,
including, without limitation, your ability or inability to obtain a
Registered Name or SLD email address registration using these processes; or
any dispute over any .NAME domain name, SLD email address, Defensive
Registration or NameWatch Registration, including the decision of any
dispute resolution proceeding related to any of the foregoing.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless GB Reg, 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 your registration. This
indemnification obligation will survive the termination or expiration of
this Agreement.
COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
ICANN standards, policies, procedures, and practices for which GB Reg has
monitoring responsibility in accordance with the Registry Agreement or under
any other arrangement with ICANN; and operational standards, policies,
procedures, and practices for the Registry TLD established from time to time
by GB Reg in a non-arbitrary manner and applicable to all Registrars,
including affiliates of Registry Operator, and consistent with ICANN's
standards, policies, procedures, and practices and Registry Operator's
Registry Agreement with ICANN. Among Gb Reg's operational standards,
policies, procedures, and practices are those set forth in Exhibit E of the
Registry-Registrar Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised GB Reg operational standards, policies, procedures,
and practices for the Registry TLD shall be effective upon thirty (30) days
notice by GB Reg to Registrar. |