Domain Name Registration Agreement
This Domain Name Registration Agreement ("Agreement")is made by and between No-IP, Inc. ("No-IP"), a Nevada corporation, and you, your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of No-IP's Domain Name Registration and represents the entire agreement between You and No-IP. 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, and the ICANN Transfer Dispute Resolution Policy http://www.icann.org/transfers/dispute-policy-12jul04.htm along with
any new, different or additional terms, conditions or policies, including the Universal Terms of Service which No-IP may establish from time to time. Such terms, conditions or policies may be found here http://www.noip.com/legal/tos.php.
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 have established with No-IP, whether or not the transactions were on Your behalf. You acknowledge that No-IP's acceptance of any application made by You for services provided by No-IP will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.
You acknowledge that No-IP is a registrar bound by an agreement between No-IP and ICANN. You agree that No-IP may modify this agreement in order to comply with applicable law and the terms and conditions set forth by 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 No-IP.
In consideration for the services and products ("Service" or "Services") purchased by You and provided to You by No-IP, You agree to pay No-IP at the time service is provided. Payment is to be made by You by providing either a valid credit card, an online check, or using PayPal to establish a cash reserve for charge by No-IP (collectively, the "Payment Method"). All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the Service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing Service by personal check, it is Your responsibility to arrange for each renewal payment. You understand that ICANN requires No-IP 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 No-IP is unable to charge Your Payment Method for the full amount owed No-IP for the service provided, or if No-IP is charged a penalty for any fee it previously charged to your Payment Method, You agree that No-IP may pursue all available remedies in order to obtain payment. You agree that the remedies No-IP may pursue in order to effect payment include, but will not be limited to, immediate cancellation without notice to You of any domain names registered or renewed on Your behalf. No-IP 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 via 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. You may change your Payment Method at any time by logging into Your Account Manager https://www.noip.com/login/.
2. Domain Name Renewals
When You register a domain name, You have the option to elect that the domain name be automatically renewed on the expiration date. Automatic renewal is the default setting, which You must deactivate if You do not want Your domain name(s) to be automatically renewed. Unless You disable the automatic renewal option, No-IP will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal, and will take payment from the Payment Method You have on file with No-IP, at No-IP's then current rates. Thus, for example, if you have chosen to register your domain name for one year, No-IP will automatically renew it for one year. Domain name renewals will be non refundable. If for any reason No-IP is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep current Your Payment Method information, which includes the expiration date if You are using a credit card. If You do change the automatic renewal default and You want the domain name to be renewed, then You have the responsibility of logging into Your account manager for that domain name and manually implementing the renewal by the expiration date. If You fail to manually implement the renewal in a timely fashion, the domain name will be cancelled and You will no longer have use of that name. You agree that No-IP will not be responsible for cancelled 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 you fail to renew your domain name, you agree that No-IP may, at its sole discretion, renew your expired domain name on your behalf. If No-IP decides to renew your expired domain name on your behalf you will have a Renewal Grace Period during which you may reimburse No-IP for the renewal and keep your domain name. The Renewal Grace Period is currently 12 [??] days but subject to change under the terms of Section 3 of this Agreement. If you do not reimburse No-IP for the renewal during the Renewal Grace Period, then your domain name will be placed on Hold and flagged for deletion. At that point, you will have a 30 day period during which you may pay No-IP a Redemption fee and redeem your domain name. The Redemption fee is currently $150 USD. If you do not redeem your domain name prior to the end of the 30 day redemption period, No-IP may, at its sole discretion, delete your domain name or transfer it to another registrant on your behalf.
If your domain is deleted, the Registry also provides a 30 day Redemption Grace Period during which you may pay No-IP a redemption fee and redeem your domain name. The redemption fee is currently $80. If you do not redeem your domain name prior to the end of the Registry’s Redemption Grace Period, then the Registry will release your name and it will become available for registration on a first-come-first-served basis.
3. Term of Agreement and Modifications
The term of this agreement shall continue in full force and effect as long as You have any domain name registered through No-IP. You agree that You will not transfer any domain name registered through No-IP to another domain name registrar during the first sixty (60) days from its initial registration date. You further agree that No-IP may charge You a small fee if You cancel Your domain within the five (5) day grace period after registering Your domain with No-IP. No-IP will not charge You a fee if No-IP cancels Your domain name during this period because of fraud.
You agree that No-IP may modify this agreement from time to time. Go Daddy may also discontinue services it provides under this agreement. You agree to be bound by any changes No-IP may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with No-IP, You will not receive a refund for any fees You may have paid to No-IP.
You agree that No-IP shall not be bound by any representations made by third parties who You may use to purchase services from No-IP, and that any statements of a general nature, posted on our web site or contained in No-IP's promotional materials, will not be deemed to modify this Agreement or to bind No-IP.
4. Use and Updating of Your Information
You agree to notify No-IP within five (5) business days when any of the information You provided as part of this application and 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 No-IP 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 No-IP to determine the validity of information provided by You shall also be considered to be a material breach of this agreement. You should be sure to print out and retain a copy of the receipt for the purchase of Your domain name(s).
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. The same contact information is required for a technical contact, an administrative contact and a billing contact, if they are different from the registered name holder. You acknowledge and agree that domain name registration process requires that this contact information be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and the registry operator may also be required to make this information publicly available by Whois. Both No-IP 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 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
- The corresponding names of the name servers
- The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, No-IP 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 to any individuals whose personal information You have 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 such individuals for such use of the personal information they provide.
5. Dispute Resolution Policy
You agree to be bound by our current Dispute Resolution Policy and the ICANN the Uniform Domain Name Dispute Resolution Policy (“UDRP”). Our DRP and the UDRP are incorporated herein and made a part of this Agreement. You can view our DRP and the UDRP online. You agree that No-IP may from time to time modify its Dispute Resolution Policy. No-IP 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 No-IP after the updated policy becomes effective You agree to the Dispute Resolution Policy as amended. You agree to review No-IP's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with No-IP 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 No-IP, You will indemnify, defend and hold No-IP harmless as provided for in this agreement. You also agree that if No-IP is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using No-IP, No-IP, in its sole discretion, may take whatever action No-IP 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 No-IP harmless for any action taken by No-IP.
6. Sale and Transfer of Domain Names
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 http://no-ip.com/legal/domain-transfer-agreement.php. In order to further protect Your domain, any domain registered with No-IP or transferred to No-IP shall be placed on lock status. The domain must be placed on unlock status in order to modify any of the Whois information (including the name servers) or initiate a transfer of the domain name away from No-IP to a new Registrar. You may log into Your account with No-IP at any time after Your domain name has been successfully transferred to No-IP, and change the status to unlock.
In the event You are purchasing a domain name on behalf of a third party customer, You agree to inform any such customer that they are in fact registering their domain name through No-IP and that No-IP is an accredited registrar with ICANN. You agree to provide complete, accurate and current data for each such registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database. 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 from each of Your customers written acceptance of No-IP'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 beyond those required by No-IP, You agree that such additional terms and conditions shall not conflict with No-IP's Domain Registration Agreement or any of the policies and business procedures adopted by ICANN.
You agree that No-IP 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 by reason of this Agreement. Furthermore, You agree that You will not attempt to gain access to No-IP's registrar connections or registry access.
You agree to provide Your customers with adequate customer support, and to maintain contact with them with to provide a means for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information from them, You will provide such information to No-IP within 5 business days so No-IP may update its registration records. You will retain copies of all communications between You and Your customers and will upon request provide No-IP copies of same.
7. Remedies for Breach of Agreement
You agree that, in addition to other remedies set forth in this agreement,
(i) Your ability to use any of the Services provided by No-IP 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 No-IP procedure not inconsistent with an ICANN adopted specification or policy, (1) in order to correct mistakes by No-IP 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 No-IP rule or policy may be considered by No-IP to be a material breach of this agreement and that No-IP may provide You with notice of such breach in writing, including electronically (i.e., by email). In the event You do not provide No-IP within ten (10) business days with evidence that You have not breached this Agreement or Your obligations to No-IP, No-IP may terminate its relationship with You and take any remedial action available to No-IP under applicable law. 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 No-IP to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach.
No-IP's failure to act upon or notify You of any event that may constitute a breach shall not relieve You from or excuse the fact that You have committed a breach.
8. Restrictions on Use of Services and Refusal to Register Domain
You agree not to use or to allow or enable others to use the Services for the purposes of:
- The transmission of unsolicited email (Spam).
- Repetitive, high volume inquires into any of the Services (i.e. domain name availability, etc.).
If You are hosting Your domain's domain name servers ("DNS") on No-IP'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 No-IP, You are responsible for ensuring that there is no excessive overloading on No-IP's DNS systems. You may not use No-IP's servers or 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 No-IP reserves the right to deactivate Your domain name from its DNS system if No-IP deems it is the recipient of activities caused by Your site that threaten the stability of the No-IP network.
No-IP 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 No-IP, as well as its affiliates, subsidiaries, officers, directors and employees. No-IP also reserves the right to freeze a domain name during resolution of a dispute.
You agree that No-IP, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. No-IP 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. No-IP may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by No-IP in its sole discretion, 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 we or You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, obscene, invasive of the privacy of a third party, or racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm or use unethically minors in any way. In the event No-IP refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to No-IP in connection with the registration either being canceled or refused. In the event No-IP deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.
9. Limitation of Liability
No-IP's entire liability to you under this agreement, and your only remedy in connection with any Service and for any breach of this agreement by No-IP, shall be limited to the fees you paid to No-IP for the particular Service in contention. No-IP 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 No-IP's services or for the cost of obtaining substitute services. In those states that do not permit the limitation or elimination of liability for certain types of damage, No-IP's liability shall be limited to the smallest amount permitted by law. No-IP specifically disclaims any liability resulting from:
- access delays or interruptions to our web site or domain name
- data non-delivery or mis-delivery between You and No-IP
- 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 No-IP or any of
Services provided to You by No-IP
- errors, omissions or misstatements
- deletion of, failure to store, or failure to process or act upon
- 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 No-IP's Dispute Resolution Policy
- any act or omission caused by You or Your agent (whether
authorized by You or not)
You agree to release, defend, indemnify and hold harmless No-IP 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 the use by You (including Your agents, affiliates or anyone using Your account with No-IP, whether or not with Your permission) of the Services. Should No-IP be notified of a pending law suit, or receive notice of the filing of a law suit, No-IP may seek a written confirmation from You concerning Your obligation to indemnify No-IP. Your failure to provide such a confirmation may be considered a breach of this agreement.
11. Representations and Warranties
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 made in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party, including any party's service mark 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 No-IP makes no representations or warranties of any kind in connection with this Agreement, and specifically that it 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 No-IP.
12. Disclaimer of Warranties
No-IP 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. No-IP 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. No-IP 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.
13. Severability and Completeness
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 No-IP regarding the services contemplated herein.
14. Venue and Waiver of Jury Trial
Disputes arising under this Agreement (other than those subject to the UDRP) shall be governed by the laws of the state of Nevada without regard to the conflicts of laws provisions thereof. By executing this Agreement, You agree that all disputes arising hereunder shall be decided by the state or federal courts of the state of Nevada, and You consent to the personal jurisdiction of such courts. You also agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.
You agree that all notices (except for notices concerning breach of this Agreement) from No-IP 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 us or mailed first class postage to the postal address You have on file with us. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to us shall be made by email to the address we provide on our web site. Delivery shall be deemed to occur five (5) days after the date sent.
16. Provisions Applicable to All Registrations
You agree to be bound by the rules, policies, and agreements of each Registry from which You purchase a domain registration, including, but are not limited to, Top Level Domain Registries and Second Level Domain Registries.
17. Provisions specific to .COM, .NET, AND .CC registrations
* 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 Your domain name registration(s). This indemnification requirement shall survive the termination or expiration of the registration agreement.
18. Provisions Specific to .ORG Registrants
* 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 Your domain name registration(s). This indemnification requirement shall survive the termination or expiration of the registration agreement.
19. Provisions Specific to .INFO Registrants
* 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 your domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.
20. Additional Provisions Applicable to .INFO Registrants
If You are registering a .INFO domain name, You also hereby agree to:
- consent to the use, copying, distribution, publication, modification and other processing of Your personal data by the .info Registry Operator and its designees and agents;
- submit to proceedings commenced under ICANN's UDRP and the Sunrise Dispute
Resolution Policy ("SDRP"); [Dan- isn't this irrelevant now?]
- 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
21. Additional Provisions Applicable to .BIZ registrants
* .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
- 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 .
- You have the authority to enter into
the registration agreement; and
- The registered domain name is reasonably related to Your
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")http://www.neulevel.biz/ardp/docs/stop.html>; and
- The .BIZ Restrictions Dispute Resolution Criteria and Rules http://www.neulevel.biz/ardp/docs/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 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 Restrictions will be enforced directly by or through the Registry Operator. The 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 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 *
No-IP and the .BIZ Registry Operator, NeuLevel, Inc., expressly reserve the right to deny, cancel or transfer any registration that they deem 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 No-IP and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. No-IP 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 Your domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.
22. Provisions Applicable 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 http://www.nic.us/policies/docs/ustld_nexus_requirements.pdf and are incorporated herein. These policies may prohibit You from changing, transferring, or assigning the name You have submitted as Registrant.
You certify that you meet the following Nexus Requirements
to qualify to register and use a .US domain name.
A. You are 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
- 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 possessionsor
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 United
States, or (ii) maintains an office or other property within the
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.
You further certify that No-IP has requested specific information regarding how You meet the Nexus requirement and that you have willingly volunteered such information. You understand and agree that such information will be verified and will be shared with the .US Registry.
You understand and agree that if such information cannot be verified, or if You fail 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, cost and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to Your (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, You are prohibited by the .US policy (available online) http://www.neustar.us/policies/docs/registration_review_policy.pdf from using in the domain name any variation of any of the "seven words" identified in the U.S. Supreme Court decision FCC v. Pacifica Foundation.
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 .WS Registrations
* 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 Your domain name registration(s).
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.