Terms and Conditions‏

AGREEMENT

In this Service Agreement ("Agreement") "you" and "your" refer to each customer, "we", us" and "our" refer to Daphnisys IT Consultant. (hereinafter referred to as Net4India) and Services refers to the services provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. The clause 19 sets out the additional provisions specific to .biz; .asia; .me and .tel TLD domain name registration. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and by any pertinent rules or policies that are or may be published/ mailed by us.

SELECTION OF DOMAIN NAME

We cannot check and are not obligate to see whether the domain name you select/transfer, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we might turn to you to hold us harmless and indemnify us.

Responsibilities of Parties

  • You shall provide to us accurate and reliable contact details and promptly correct and update them during the term of the domain registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in case you are an organization, association, or corporation.
  • Your willful provision of inaccurate or unreliable information, willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with your domain registration shall constitute a material breach of the agreement and be a basis for cancellation of the domain registration.
  • If you intends to license use of the domain name to a third party, nonetheless, you are responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain. The Registrant licensing the use of a domain according to this provision shall accept liability for harm caused by wrongful use of the domain, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.
  • We shall provide notice to each new or renewed Registrant stating:
    • The purposes for which any Personal Data collected from the applicant/registrant are intended;
    • The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
    • Which data are obligatory and which data, if any, are voluntary; and
    • How the Registrant or data subject can access and, if necessary, rectify the data held about them.
  • You shall consent to the data processing referred to in Clause (d).
  • You shall represent that notice has been provided equivalent to that described in Clause (d) to any third-party individuals whose Personal Data are supplied to the Company by you, and that you have obtained consent equivalent to that referred to in Clause (e) of any such third-party individuals.
  • We agree that we’ll not process the Personal Data collected from you in a way incompatible with the purposes and other limitations about which we have provided notice to you in accordance with Clause (d) above.
  • We agree that we will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
  • You shall represent that, to the best of your knowledge and belief, neither the registration of the domain Name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party.
  • For the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where we are located.
  • You shall agree that the registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the domain name.
  • You shall indemnify and hold harmless the Company, 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 related to your domain name registration.

FEES PAYMENT AND TERM

As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable unless we provide otherwise. As further consideration for the Services, you agree to: (1) provide current, complete and accurate information about you as required for the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You hereby grant us the right to disclose to third parties such Account Information. The Registrant, by completing and submitting the Domain Name Registration/Transfer Agreement ("Registration/Transfer Agreement"), represents that the statements in its application are true and that the registration of the selected Domain Name, so far as the Registrant is aware, does not interfere with or infringe upon the legal rights of any third party. The Registrant also represents that the Domain Name is not being registered/transferred for any unlawful purpose.

On the registration/transfer of a Domain name by Net4India, a default (php3) home page will be displayed that could contain the following information:

  • Name of the registrant
  • Email address of the registrant
  • Address of registrant
  • Logo of Net4domains.com (site from which the domain is registered)
  • Logo of Net4India (server on which domain is hosted initially)

Domain Name can be applied for a period of 1 to 10 years (minimum period 1 year but in case of .biz, .info and .asia minimum period 2 yrs.) from the date of the registration. You can apply for renewal of the registration for further period of 1 to 10 years on payment of renewal fees applicable at the time of re-registration, and terms and conditions as applicable at the time of re-registration. As a security measure all .in domain shall be under transfer lock and auth codes for unlocking the domain not due for renewal within 45 days shall be given to customer on request. In case the date of renewal is less than 45 days auth code for such domains shall be given to customer only after renewal. The payment for re-registration must be received at least 15 days prior to the date of expiry otherwise re-registration of the same domain name shall not be granted. You acknowledge and agree that Net4India cannot guarantee that you will be able to register or renew a desired domain name even, if an inquiry indicates that domain name is available, since Net4India cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by third party(s), or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further agree that Net4India may elect to accept or reject your application for registration or renewal for any reason at its sole discretion.

All payments are to be made in favour of "Daphnisys IT Consultant." payable at New Delhi and are to be sent at the mailing address as mentioned in clause 20 of this agreement by courier/registered post. No outstation cheques are accepted. At the back of the cheque / Demand draft you are required to mention your Order ID and domain name(s) you have booked against each order ID. In case payment is made by Credit Card then the registrant is required to send at the sole discretion of Net4India, where it deems fit a Confirmation Letter (see Annexure I) duly signed by him through fax/courier/registered post. Net4India reserves the right to stop the services, in case the confirmation letter as required is not received back within 10 days of allotment of Order ID Number.

Your domain name application, renewal application or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal or transfer fee or reasonable assurance of payment of the registration, renewal or transfer fee from some other entity (such reasonable assurance as determined by Net4India at its sole discretion). In the event of a charge back by a credit card company or dishonor of cheque / demand draft in connection with your payment for the registration, renewal or registrar transfer request, you acknowledge and agree that the registration shall be transferred to Net4India as the entity that has paid the registration, renewal or transfer fee for that registration to registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.

As per the ICANN Policy the Registrar shall send atleast two reminder mails/notice to the Registrant for a domain approaching expiry. It is also the responsibility of the registrant to renew the domain name on timely basis. However, at the conclusion of the registration period , failure by the Registrant fails to pay the renewal fee within the specified time as mentioned in the second reminder notice/mail, results in cancellation of the domain registration. We may send you more than two reminder mails for renewal prior to the date when a renewal is due. (Though renewal reminder is automated, We owe no responsibility if we fail to notify prior to due date. You are requested to make the payment for renewal as and when due). Domain renewal status can be checked by you from the control panel provided to you. Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified, provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, we will contact you to update this information and charge you accordingly.

In case the requisite payment is not received since it is due, then we can stop providing services to you and the stoppage of service due to non payment or any other reason attributable to you can not be held as " intent to cause wrongful loss or damage to the public or any person and neither it can be constructed to diminish the value or utility or affect you injuriously'. Discontinuance of service by Net4India due to non payment of dues or any other reason attributable to you does not amount to Hacking.

MODIFICATION OF AGREEMENT

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices clause of this agreement, Clause 20. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notice clause of this agreement, Clause 20. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Domain Name Dispute Policy at any time. 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 modifications, you may request that your domain name be deleted from the domain name database.

MODIFICATION TO YOUR ACCOUNT

In order to change any of your account information with us, you must use your CRN ID (that you were assigned when you opened your account with us) and Password (that you use to login to your panel). Please safeguard your Account Identifier i.e. the CRN ID and Password from any unauthorized use. In no event we will be liable for the unauthorized use or misuse of your CRN ID or Password. However processing of any transaction relating to your domain, may require certain modification, for which purposes you authorize us to modify you domain details for processing your requested transaction on your behalf. That such modification to your domain details will be restored back within 30 days from the date when the requested transaction has been successfully executed.

DOMAIN NAME DISPUTE POLICY

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by ICANN Domain Name Dispute Policy ("Dispute Policy") which is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with the dispute policy. ICANN reserve the right to modify the dispute policy and the moment modified dispute policy is put in our web site, the modified dispute policy is applicable.

DOMAIN NAME DISPUTES

You agree that, if the registration or reservation or transfer of your domain name is challenged by a third party, you will be subject to the provisions specified in the 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 contained in the Dispute Policy.

DOMAIN NAME RENEWALS AND DELETION POLICY

If you fail to renew your domain name, the domain names under Net4 will be renewed automatically by Net 4 India on your behalf for a period of one (1) Year. After auto renewal of your domain name by Net 4 India you will have a Renewal Grace Period of 38 days during which you may reimburse Net 4 its renewal fee and keep your domain name. That a Domain under Renewal Grace Period shall on expiry of 21st day be put on HOLD (i.e. domain gets disabled and all services like hosting/mailing gets stopped). If you do not reimburse Net 4 India such renewal charges during the renewal grace period your domain with Hold status shall be flagged for deletion on the 38th Day, after which you will have a 30-day redemption period during which you may pay Net 4 India Redemption fee and renewal charges and redeem your domain name from the Registry. The maximum redemption fee is INR 10,000/- and is subject to change under the terms of this agreement. If you do not redeem your domain name prior to the end of the Redemption Period the Registry will release your name and it will become available for registration on a first-come-first-served basis. Renewal Grace Periods and Redemption Periods vary for different ccTLDs. Please refer to the specific terms for the applicable ccTLD. In the event of a conflict between this paragraph and the ccTLD terms, the ccTLD terms shall control.

AGENTS

You agree that, if an agent for you (i.e., an Internet Service Provider, web designing company, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.

ANNOUNCEMENTS

We reserve the right to display/distribute any search results and/or advertising result in Pop-up, Pop-under, exit widows, expanding buttons or animations to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your search on the Internet.

LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). Our contractors and we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your CRN ID or Password; (5) loss or liability resulting from errors, omissions, or mis-statements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your Web site or email service. The registrant agrees that we will not be liable for any loss of registration and use of registrant's domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event our maximum liability shall exceed the amount of fees paid by you for the service/s hired by you.

INDEMNITY

You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the E-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with lawsuit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.

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 willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to the registry operator, 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 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 the registry operator 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.

RIGHT OF REVOCATION

Registrant agrees that registrar may delete a Registrant's domain name if any information required to be supplied by the Registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information that registrar would likely consider material to its decision to approve this Registration Agreement. Registrant further agrees that registrar may deny, cancel, suspend or revoke the registration of Registrant's domain name, or, suspend the delegation of Registrant's Domain Name, if it is reasonably determined by registrar in its sole discretion, that Registrant or any other person uses or perceived to use the domain name in connection with: a) Any activity that infringes the intellectual property rights or other rights of third parties; b) Any activity that defames or disparages any person; or c) Any illegal activity including but not limited to, pornography and/or nudity of any kind, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature; or d) Any otherwise illegal or fraudulent activity.

BREACH

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within five (5) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

NO GUARANTEE

You agree that, by registration or reservation or transfer of your chosen domain name, such registration or reservation or transfer does not confer immunity from objection either to registration, reservation, transfer or use of the domain name. The allotment of Order ID number and payment by you for your requested Domain Name does not ensure that your requested Domain name is registered. Your domain name is guaranteed as registered only when you receive a confirmation mail from us, confirming registration of your domain name.

DISCLAIMER OF WARRANTIES

You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is to the best of your knowledge and belief, accurate and complete, and that any future changes to this information will be provided immediately. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein.

RIGHT OF REFUSAL

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services within such thirty (30) calendar days period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or register you for other Services.

(A) SPECIFIC TO .BIZ TLD's

(1) .Biz Registrations: 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.

(II) .Biz Certification: As a .biz domain name Registrant, you hereby certify to the best of your knowledge that: The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .biz restrictions, which are incorporated herein by reference please see: www.neulevel.biz/ardp/docs/reg_restrictions.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.

(III) Provision of Registration Data: As part of the registration process, you are required to provide the registry operator with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number, if available; (ii) the name of an authorized person for contact purposes, in the case of a Registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary name server and any secondary name server(s) for the domain name; (iv) the corresponding names of those name servers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number, if available, of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number, if available, of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number, if available, of the billing contact for the domain name; and (viii) 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 Accreditation Agreement (the "ICANN Agreement"), available at ICANN's site.

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 willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to the registry operator, 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 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 the registry operator 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.

(IV) Domain Name Dispute Policy: If you reserved or registered a .biz domain name through the registry operator, 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 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 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: 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 registry operator or registrar) over the registration or the use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service is 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 RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

(VI) Reservation of Rights. Net4India 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 Net4India and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Net4India and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

(B) SPECIFIC TO .ASIA TLD

The terms and conditions, and any applicable Published Policies of .asia Domain names by the DotAsia Organisation Limited(DotAsia), constitutes the entire agreement between US and YOU for the registration of the .asia Domain Name and supersedes all prior agreements, understandings and representations whether oral or written. This domain name registration agreement ('Registration Agreement') is submitted by you (‘The Registrant’) for registration with the Daphnisys IT Consultant ('The registrar') for the purpose of registering a .asia domain name with the registry (DotAsia Organisation Ltd).

I. Recital

  • Registrar: means and includes Net4 India Ltd
  • Registrant: means You the applicant
  • Registry/Registry Administrator: means and includes DotAsia Organisation Ltd
  • Charter Eligibility Declaration Contract: Is a Charter Eligibility Declaration (CED) contract that is designated to make the declaration that it meets the charter Eligibility for registering a .asia domain name. Such declaration is made by warrant and representation of the registrant.

II. Registration
2.1 In addition to the above information which Registrant's must provide generally, as part of the application process for the different Sunrise and Landrush registration periods, Registrants must provide detailed information, and in some cases supporting documentation, to prove their eligibility for .asia domains during those particular phases. This information and documentation required varies, depending on the Sunrise or Landrush registration phase applied for, but includes those relevant to: a) Various details relating to the Registrant's registration as an eligible entity; b) Various details relating to the Registrant's registered trade or service marks; c) Demonstrable usage of the registrant's registered trade or service mark (which may require documents certified by a Notary Public or legal practitioner); and d) Various details relating to the locality of the Registrant and the CED Contact. Any documentation provided to the Registry Administrator must be provided in English language (or Registrant will need to arrange for a certified translation into English language).

The Registrant acknowledges and agrees that the registration data described above will be made publicly available by the Registry Administrator on the WHOIS directory.

If the Registrant is a natural person, the Registrant contact information published is restricted to the email address, unless the Registrant requests otherwise, and to the language selected for the dispute resolution rules and the Registrant agrees that he/she has been informed that Registrant may use a specific functional e-mail address for publication in the WHOIS directory as an alternative to using their personal e-mail address.

Registrant agrees to the use, copying, distribution, publication, modification and other processing of its personal data by the Registry Administrator and its designees and agents in a manner consistent with the purposes specified by DotAsia's Personal Data handling policies and with relevant local data protection and privacy laws and requirements.

Registrant warrants that it will immediately correct and update the registration information for its .asia domain during the term of this Registration Agreement.

Registrant grants Registrar and the Registry Administrator a non-exclusive, non-transferable, limited license to Registrant's registration data as required for the Registry Administrator's operation of the .asia registry.

III. Registrant Covenants
In addition to the above information which Registrant's must provide generally, as part of the application process for the different Sunrise and Landrush registration periods, Registrants must provide detailed information, and in some cases supporting documentation, to prove their eligibility for .asia domains during those particular phases. This information and documentation required varies, depending on the Sunrise or Landrush registration phase applied for, but includes those relevant to:

  • Various details relating to the Registrant's registration as an eligible entity;
  • Various details relating to the Registrant's registered trade or service marks;
  • Demonstrable usage of the registrant's registered trade or service mark (which may require documents certified by a Notary Public or legal practitioner); and
  • Various details relating to the locality of the Registrant and the CED Contact. Any documentation provided to the Registry Administrator must be provided in English language (or Registrant will need to arrange for a certified translation into English language).

The Registrant acknowledges and agrees that the registration data described above will be made publicly available by the Registry Administrator on the WHOIS directory.

If the Registrant is a natural person, the Registrant contact information published is restricted to the email address, unless the Registrant requests otherwise, and to the language selected for the dispute resolution rules and the Registrant agrees that he/she has been informed that Registrant may use a specific functional e-mail address for publication in the WHOIS directory as an alternative to using their personal e-mail address.

Registrant agrees to the use, copying, distribution, publication, modification and other processing of its personal data by the Registry Administrator and its designees and agents in a manner consistent with the purposes specified by DotAsia's Personal Data handling policies and with relevant local data protection and privacy laws and requirements.

Registrant warrants that it will immediately correct and update the registration information for its .asia domain during the term of this Registration Agreement.

Registrant grants Registrar and the Registry Administrator a non-exclusive, non-transferable, limited license to Registrant's registration data as required for the Registry Administrator's operation of the .asia registry.

IV. Acknowledgements, Agreements and Warranty
Registrant acknowledges and agrees with the following:

  • That it is Registrant's responsibility to ensure that the domain name is renewed. Registrant agrees, in addition to the indemnity above, to keep indemnified, release and hold harmless registrar and the Registry Administrator, their directors, officers, employees and agents, against any claim for damage or loss arising from any failure of Registrant's domain name to be renewed by Registrar.
  • That the .asia domain names will initially be received and registered by the Registry Administrator during various different application phases, full details of which are located on the DotAsia website located at www.dotasia.org/
  • That registrar does not guarantee that any .asia domain name applied for by registrar on behalf of the Registrant will be successfully registered by the Registry Administrator. The Registrant acknowledges that it will not take any action in respect of its .asia domain name until the successful registration of that .asia domain name is confirmed in writing to the Registrant.
  • That registrar will submit Registrant's application for a .asia domain in the phase that the Registrant selects on its application form.
  • That there are certain pre-requisites to applying for a .asia domain (including, but not limited to, certain requirements for entity and trade mark names, types and registration dates, and the requirements for an eligible CED Contact) which are set out in the policies documents on the DotAsia website located at www.dotasia.org
  • That there are strict timeframes for registration during the different Sunrise and Landrush phases and also strict timeframes for the submission of any necessary or requested supporting documentation (both at time of application and during the pre-registration verification period), and that it is Registrant's responsibility to ensure it is aware of and complies with these strict timeframe requirements.
  • That it is the responsibility of the registrant to ensure that all the supporting documents pertaining to CED Contract shall reach the registrant along with photocopy of the Order Code receipt within 7days of generation of Order Code. Failing which Registrar will be bound to reject the applicant’s registration.
  • That during the Sunrise and Landrush phases, certain application fees are payable, which are non-refundable.
  • That there is only very limited scope and opportunity to amend material provided in an application for a .asia domain or request reconsideration of a rejected/failed application for .asia domain registration, details of which are set out in the policies documents on the DotAsia website located at http://www.dotasia.org/
  • That registrar is only responsible for submitting the initial domain application to the Registry Administrator and that you (as the applicant/Registrant) are responsible for all other correspondence with the Registry Administrator, including the submission of supporting documents to the Registry Administrator and making any application to the Registry Administrator for reconsideration of a failed application, unless registrar (or one of its related entities) has specifically agreed in writing to provide .asia domain registration services as part of broader corporate domain management services to you.
  • That due to the fact that verification and registration of applications for domains in a previous phase of Sunrise may not have been finalised at commencement of subsequent phases, it is not possible to know which domains are actually still available at time of application for domain names and registrar is not responsible for ascertaining the availability of a domain.
  • That at the time of application for a .asia domain, the applicant/Registrant must specify an Operations & Notifications (OPN) Contact to be the Registrant's contact person who the Registry Administrator will send communications regarding documentary evidence requests, auction invitations and reminders etc. regarding the domain application.
  • That there will be no WHOIS service available for .asia domain names during the Sunrise period.

Registrant represents and warrants that:

  • It will comply with all applicable standards, procedures, practices, laws, terms and conditions, regulations, rules and policies (including any registration prerequisites) of the Registry Administrator as updated from time to time on the DotAsia website located at www.asia.org ('Requirements') in respect of its .asia domain names;
  • Neither the registration or renewal of a domain name, nor the manner in which it is directly or indirectly used, infringes the legal rights of a third party. Breach of this warranty will constitute a material breach;
  • It meets and will continue to meet for the term of this Agreement the Charter Eligibility Requirements as set out in the Registry Policies of the Registry Administrator as updated from time to time on the DotAsia website located at http://policies.registry.asia/ Registrant warrants that it will comply with all requirements placed upon it by the Charter Eligibility Requirement and to provide appropriate evidence of such compliance as and when required by Registrar or the Registry Administrator;
  • It complies with and will continue to comply with for the term of this Agreement the requirements, standards, policies, procedures and practices of the ICANN as updated from time to time on the ICANN website located at www.icann.org/general/consensus-policies.htm in respect of its asia domain names.
  • It is of legal age and capacity to enter into this Agreement; and
  • It will comply with all representations and warranties referred to in the Requirements.

Notwithstanding anything in this Registration Agreement to the contrary, the Registry Administrator (DotAsia) is and shall be an intended third party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third party beneficiary rights of DotAsia have vested and that DotAsia has relied on its third party beneficiary rights under this Registration Agreement in agreeing to Daphnisys IT Consultant being a registrar of the .asia TLD. Additionally, the third party beneficiary rights of DotAsia shall survive any termination or expiration of this Registration Agreement.

Registrant agrees to nominate one natural person or legal entity (the 'Charter Eligibility Declaration Contact' or 'CED Contact') as a contact designated to make a declaration that the Registrant meets the Charter Eligibility Requirement for registering the .asia domain name requested (i.e. is a legal entity within the DotAsia Community). Registrant acknowledges that Daphnisys IT Consultant will become the Charter Eligibility Declaration (CED) Contact (the “CED Contact”) for the Registrant for the limited purpose mentioned in .asia CED Contact Service Terms and Conditions. Registrant acknowledges that there are risks associated with engaging a third party to be its CED Contact, in the same way there are risks associated with providing a third party with any

The Registrant accepts, represents and warrants that it has made known to the CED contact, and the CED Contact has agreed, that that the Registrant and the CED Contact will be jointly defined as the 'Registered Name Holder' and will be jointly responsible for the Registrant's .asia domain name in relation to domain disputes and other related disputes. The CED Contact is specifically expected to respond and acknowledge dispute proceedings and refer the dispute to the Registrant. The Registrant acknowledges that, regardless of the nomination of a CED Contact and any arrangements or understanding with that CED Contact, the Registrant shall nevertheless remain the operating contact for all operations and liabilities regarding the use of the domain, including but not limited to domain transfer and updates, or in other words be solely regarded as the Registered Domain Holder for general purposes.

The Registrant acknowledges, and warrants that it has made known to the CED contact, and the CED Contact has agreed, that information submitted for the CED Contact will be publicly accessible on WHOIS databases (with the exception of identification numbers [i.e. for passports] etc).

V. Dispute Policy

  • Registrant agrees to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ('UDRP') and ICANN's Charter Eligibility Dispute Resolution Policy ('CEDRP').
  • Registrant agrees that its .asia domain name registration is subject to the terms of the Registry Administrator's current domain name dispute resolution rules and policies as updated from time to time on the DotAsia website located at http://www.dotasia.org/ . Registrant acknowledges that it has read and understood and agrees to be bound by the terms and conditions of the dispute resolution rules of the Registry Administrator (as amended from time to time).
  • Registrant agrees that Registry Administrator may modify its .asia domain name dispute resolution rules as described in paragraph (a) by posting any revisions to the policy on the DotAsia website located athttp://www.dotasia.org/. Registrant agrees that by maintaining the reservation or registration of its .asia domain name after modifications to the dispute resolution rules become effective, it has agreed to the modifications. Registrant agrees that if use of its .asia domain name registration is challenged by a third party, it will be subject to the provisions of the .asia domain name dispute resolution rules as described in paragraph (a) (as updated from time to time), including any .asia registry policies incorporated by reference (if any). Registrant agrees that if the Registry Administrator is notified that a complaint has been filed with a judicial or administrative body regarding Registrant's use of a .asia domain name registration, Registrant agrees not to make any changes to its domain name record without the approval of the Registry Administrator. Registry Administrator may not allow Registrant to make changes to such domain name record until: i. Directed to do so by the judicial or administrative body, or ii. It receives notification by Registrant and the other party contesting the registration that the dispute has been settled.
  • Registrant agrees that if it is subject to litigation regarding registration and use of its .asia domain name registration, Registry Administrator may deposit control of the domain name record into the registry of the judicial body by supplying a party with a certificate handing control of the domain name to the relevant judicial body from the Registry Administrator.

VI. Auctions
Registrant acknowledges that:

  • Where there are two or more eligible (verified) applicants for the same .asia domain name during the Sunrise Phase 2, Sunrise Phase 3 and Landrush registration phases, all eligible applicants will be invited to bid for the Domain Name Applied For in an online auction, with the domain name will be awarded to the highest bidder. The applicant agrees to be bound by Pools terms and conditions as fully set out at http://www.dotasia.pool.com/terms.aspx
  • Details of the auction process and requirements are set out in the .ASIA Sunrise Policies document on the DotAsia website located at http://www.dotasia.org/. Registrant warrants that it has read, understands and agrees to all auction processes, rules and requirements for the .asia auctions.
  • Registrant will be solely responsible for all matters relating to any auction process it is invited to or participates in, and that registrar will not be liable and will not take part in any way (other than as required by its role as Registrar) in any such auction process, unless registrar (or one of its related entities) and Registrant have specifically agreed in writing that registrar (or one of its related entities) will provide .asia Sunrise auction services to Registrant as part of broader corporate domain management services provided to Registrant.

VII. Right of Refusal
Registrant acknowledges that the Registry Administrator policy may provide that registration of certain domain names is prohibited. Registrar, in its sole discretion, reserves the right to refuse to approve the Registration Agreement for any Registrant. Registrant agrees that the submission of this Registration Agreement does not obligate registrar to accept this Registration Agreement. Registrant agrees that registrar is not liable for loss or damage that may result from registrar's refusal to accept this Registration Agreement.

VIII. Change in Registrar
Registrant agrees that it can change its registrar for an existing domain name only in accordance with Registry Administrator policy. Registrant agrees it may not change its registrar for a period of sixty (60) days after initial registration of the domain name with Daphnisys IT Consultant.

IX. Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be subject to denial, suspension, cancellation, hold or transfer by any Registry Administrator procedure:

  • For the resolution of disputes concerning the domain name; or
  • In case of arbitration or court proceedings being commenced with respect to the rights to the domain name; or
  • To correct mistakes by registrar or the Registry Administrator or the Registry Services Provider in registering the domain name

X. Reservation by Registry Administrator
Registrant agrees that Registrar and Registry Administrator reserves the right to deny, cancel, hold or transfer any .asia domain name registration which either party deems necessary in its discretion:
i. To protect the integrity and stability of the Registry;
ii. To comply with any applicable laws, government rules or requirements, request of law enforcement, or in compliance with any dispute resolution process;
iii. To avoid any liability, civil or criminal, on the part of Registrar or Registry Administrator, their directors, officers, employees and agents;i. To protect the integrity and stability of the Registry; ii. To comply with any applicable laws, government rules or requirements, request of law enforcement, or in compliance with any dispute resolution process; iii. To avoid any liability, civil or criminal, on the part of Registrar or Registry Administrator, their directors, officers, employees and agents; iv. Where there is a breach of this Agreement;
v. to correct mistakes made by Registrar or the Registry Administrator in connection with a .asia domain name registration. Registrar and Registry Administrator also reserve the right to freeze a domain name during resolution of a dispute.
iv. Where there is a breach of this Agreement;
v. to correct mistakes made by Registrar or the Registry Administrator in connection with a .asia domain name registration. Registrar and Registry Administrator also reserve the right to freeze a domain name during resolution of a dispute.

(C) SPECIFIC TO .ME ccTLD's

You represent and warrant that you meet the eligibility requirements of .me ccTLD. You further agree to be bound by any registry rules, policies and agreements for .me ccTLD. available at www.domain.me/index.php?page=6 and the rules available and incorporated therein.

By registering the .me ccTLD with us you further agree to be bound by any registry rules, policies and agreements for .me ccTLD which are incorporated and made part of this agreement herein.

(D) SPECIFIC TO .TEL gTLD's

You represent and warrant that you meet the eligibility requirements of .tel gTLD. By applying to register a .tel domain name through Net4, you unconditionally accept and agree to be bound by all policies and terms and conditions for .tel Domain Names which includes the following documents, as issued and amended by the Registry from time to time: Sunrise Policy dated June 2008 , Sunrise Guide dated June 2008 , the Acceptable Use Policy dated June 2008 and the Acceptable Use Policy dated June 2008 , and any other related interpretive guidelines, which are available on the Registry website at www.telnic.com.

By registering the .tel gTLD with us, you further agree to be bound by any pertinent rules or policies related to .tel gTLD that are featured on our website www.net4.in or which may be amended/updated/published/ and or mailed by us to you from time to time; and have been also incorporated herein and have been made part of this agreement.

Definitions
The following words marked in bold will have specific meanings in this contract. ‘Agent'– means registrar i.e, Someone who may act on customer’s behalf to deal with registry, which will be shown in the WHOIS as registrar.
‘Cancel’ – Cancelling this contract and your domain name are the same thing. The contract ends. The domain name will be deleted, will no longer work as part of a website or e-mail, and will be released to be registered again under our rules.
‘Consumer' – You are a consumer if you are an individual not registering, using or planning to use the domain name as part of a business, trade or profession.
‘Correct’ – This means that the information must be good enough to allow us to contact you quickly at any reasonable time without having to get information from anywhere else, must not be deceptive, and (if possible for that type of information) must clearly identify you. For your name this also means that the information must be detailed enough that we can tell exactly who you are (in legal terms, exactly which legal entity we have this contract with).
‘Domain name’ – An internet domain name ending in .uk and under one of the second level domains (such as .co.uk, .me.uk or .org.uk) operated by us.
‘DRS policy’, ‘DRS procedure’ – The policy and procedure of domains names ending in .uk and domain dispute resolution service.
‘EEA’ – The European Economic Area, which includes most European countries. Countries outside the EEA may not have strict laws to protect personal information.
‘Name Servers’ – Computers that provide specific translation information in the domain name system.
‘Notify’ – Serving notice to you, your agent, authorised representative, contact (see condition 5.5) or (see condition 36).
‘Personal Data’ – Any information about an identifiable living person (for example, your name, address or phone number).
‘PRSS’ – A service provided under strict contract to some people based in the EEA which allows them to search WHOIS data differently, but not to use it for marketing purposes.
‘Register’ – Registry record of domain names and details about you, your agent (if you have one) and other information we need.
‘Registry’ – The single organisation which holds all records for domain names with the same ending (we run ‘.uk’) and operates the name servers for that domain.
‘Rules’ – Registry rules which explain which domain names can be registered and which cannot.
‘Special Status’ – Various special states your domain name may be in, such as suspended or ‘detagged’. See registry website www.nominet.org.uk for details. This will normally mean that you will remain listed as the person who has registered the domain name but the domain name itself will not work, and may mean that other actions with the domain name are blocked.
‘WHOIS’ – A system which provides public information about domain names. See our website for details and how to use the WHOIS

Also in this contract, the following words have special meanings but will not be put in bold.
‘conditions’ – includes all parts of the contract, not just those that lawyers call conditions.
‘we’, ‘us’, ‘our’ – Nominet UK (company number 3203859). See condition 35.
‘you’, ‘your’ - The person who is entering into this contract with us and who the domain name will be registered for. What we will do

We are the registry for the .uk domain and we will carry out the general duties that we believe (after wide consultation) a modern, neutral and not-for-profit .uk registry should. This includes (among other things):
processing your application to register or renew a domain name in the light of our rules, and your right (see condition 20) to renew;
maintaining overall ownership, control and responsibility for the register;
if we are listed as your agent or if it would be inappropriate for you to ask your agent to act (see condition 5) making changes to the register at your request or providing information about the .uk domain name system;
if the domain name is not in a special status, entering details about the domain name into our name servers; and
publishing procedures for you to renew the domain name and for recording a transfer, surrender or change of agent for the domain name. What you must do

You have various responsibilities set out generally in this contract. You must also:
give and keep us notified of your correct name, postal address and any phone, fax or e-mail information and those of your contacts (if you appoint any, see condition 5.2). This duty includes responding quickly and correctly to any request from us to confirm or correct the information on the register;
notify us at once about any court proceedings which involve the domain name; and
notify us of the details of name servers for the domain name which you are allowed to use and which respond promptly and correctly about the domain name at all reasonable times.
Agents, representatives and security

For the security of your domain name we have the following procedures to try to make sure that our instructions come from you or someone allowed to act on your behalf.
We do not have to take any action, or make any change to the register, until we are satisfied that we have received a valid request from the right person.
You will help us with our security checks, provide any identification or documentary evidence we reasonably ask for, and allow us to keep copies of those documents for our files.
If you have an identifier (for example, a password, a token, personal information or a code) to use with us or our systems, you must keep it secret and safe because we will be allowed to assume that any action done or asked for using that identifier or a product of it was done or asked for by you or by someone authorised to act for you. We will be entitled to enforce procedures for dealing with lost, cancelled or insecure identifiers.
Your agent acts on your behalf in registering and maintaining the registration of the domain name so that, unless the matter relates to something covered by condition 5.6 below, any communication to or from your agent is taken as being to or from you. You should always contact your agent first with any request or question about your domain name or changes to it, as we will only act if we are satisfied that your agent cannot or will not. Be aware that your agent may be entitled to discounts on our fees so it may be cheaper for you to go through them.
We may also specify other types of authorised representative or contact whose instructions we will accept in certain cases, what types of instructions they can give us, and whether they can take your place if we need to notify you. If you notify us that you want someone to represent you, you are giving them power to act and us power to act on their instructions and (if this applies) notify them instead of or as well as you.
We will publish on our website from time to time certain activities which your agent is not allowed to do on your behalf or where we want to deal with you directly (or both). Fees and payment

We are a not-for-profit organisation so our fees (see our website) reflect the cost of the work we do. To make sure that every person who registers a domain name pays their fair share of the costs of running the central registry, we:
may make a charge for any of the services we provide under this contract, as long as (where only we can provide the service) we believe the fee is set at a not-for-profit cost-recovery level only;
do not have to start any process, including any change to the register, until we (not just your agent) have received (within any time limit) any fee for that action and any other fees that have not been paid for the domain name or things done with it – it is your duty to make sure that we are paid and that there is enough information with the payment to make sure that we know which domain name it relates to;
may cancel the domain name without further notice if any debt relating to the domain name remains unpaid after the deadline we have set; and
unless condition 24 or 34 applies, or we have made a significant mistake, will not provide credit notes or refunds. Your promises and indemnity

By entering into this contract you promise that:
you (or your agent) have the permission of any person whose personal data is to be held on the register in line with condition 11;
any identity and contact information you (either yourself or through your agent) send us must be correct;
you will send us the information needed under condition 7.2 as soon as possible, through your agent if possible, and you will keep them up to date;
by registering or using the domain name in any way, you will not infringe the intellectual property rights (for example, trademarks) of anyone else;
you are entitled to register the domain name; and
you have not registered the domain name in a way that fails to meet with any legal duty you have.

Unless you are a consumer, you will pay us (including the current or past members of our Board of Directors) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that you have broken any of the promises in condition 7.

Our right to rely on the promises in condition 7 and indemnity in condition 8 will continue to be available after the domain name has been registered and will not be affected by the cancellation or transfer of the domain name. Nature of domain names and the register

A domain name is not an item of property and has no ‘owner’. It is an entry on our register database reflected by our nameservers which we provide as part of this contract. As a result:
we will not be bound by, or record on the register, any mortgage-related obligations;
we own and keep all copyright and database rights in the register; and
you should not rely on the registration or continued registration of the domain name until we confirm that any application you make has completed and you confirm that your correct name is recorded in the register for the domain name. Personal data

We will make your personal data available in the following ways, but not release it for any other purpose to any other person. We may:
include it on the register;
include it on the WHOIS (which is also available outside the EEA) and PRSS. For these purposes we will publish your name and (unless you are a consumer and choose to opt out) your address, but not your phone or fax number or e-mail address;
if they ask in writing, give your personal data to people with a legitimate reason for asking for it (based on the exemptions in the Data Protection Act 1998 or similar laws that replace or follow it), including government or law enforcement agencies;
give your personal data to your current or proposed agent (or both); and
use it as set out in the DRS policy and DRS procedure.

You may write to us to ask for a copy of the personal data we hold about you, or you can look at the WHOIS, or you can ask your agent. Please note that if, at any point, we discover that you are not a consumer, we may automatically cancel your opt-out (see condition 11.2) without notifying you.

By registering a domain name you agree to us using your personal data as explained in conditions 11 and 12. The dispute resolution service

You agree to be bound by:
the DRS policy and DRS procedure; and
if there is a dispute, the version of the DRS policy and DRS procedure (available on our website) which applies at the time that proceedings under the dispute resolution service start, until the dispute is over.

We (including in this case our directors, officers, staff of all types and any expert) will not:
be liable to you or anyone else for anything done or not done in connection with any proceedings under the dispute resolution service, unless the act or lack of action is shown to have been in bad faith; and
be asked or forced to reveal information or materials which we gained as a result of the informal mediation stage of the dispute resolution service, unless ordered by a court with relevant jurisdiction.
Cancelling or altering the domain name

We may cancel or put the domain name into a special status by notifying you if:
we receive independent proof that you have provided significantly inaccurate, not correct, unreliable or false contact details (including names), failed to keep your contact details up to date, or failed to give us those details at all;
you have broken any part of condition 7 or 8;
the domain name is being used in a way that is likely to endanger any part of the domain name system or our systems and internet connections; or
you have broken any of the conditions (including the rules, DRS policy and DRS procedure) and (in the case of a matter which it is possible to put right and which is not covered by condition 6.3, 16.1 to 16.3 or 17) you do not put it right within 30 days of us notifying you.

We may (but do not have to) transfer, cancel, alter or amend the domain name, put it in a special status or prevent its renewal:
on your instructions (including the absence of instructions to renew - see condition 20), or by someone apparently acting for you (see condition 5);
if we reasonably believe that the contact details on the register for you are so inaccurate or false that we would not be able to notify you of the change;
if we reasonably believe that the changes to update the register or to correct any error, ambiguity or inaccuracy relating to the domain name registration (including any error in making the domain name available for registration or an error in a previous cancellation of the domain name) would make it more accurate;
if you withdraw your permission to having your personal data displayed on the WHOIS or PRSS (not including cases where a consumer is using the opt-out);
to carry out the decision an expert has made under our dispute resolution service; or
if we receive a complete and valid court order which we or you (or both) must obey, or if not making the changes the court orders would be a contempt of court by us or you.

If you are an individual, this contract will end if you die and the person legally appointed to deal with your assets after you die does not transfer the domain name (either to themselves or someone else) within a year of your death (or the end of their appointment, whichever comes first).

If you are not an individual, this contract will end if you complete a liquidation or disbandment process or otherwise no longer exist, even if (where possible) you are later restored by an official or court order or decision.
Duration, renewal and transfer

Unless ended earlier under this contract, we will enter your domain name on the register for two years. If we receive your renewal request and fee in the standard format by the deadline we set, and in line with the conditions of this contract generally, you will have the right to enter into a new contract with us on the same standard conditions that we are then offering to people registering new domain names. The specific procedure which applies to renewals is set out on our website, or you can ask your agent.

We may transfer our rights and responsibilities under this contract to anyone else.

If you want to transfer your domain name to someone else, you must, as well as any general requirements in this contract:
use our current published transfer process; and
make sure that the person taking over the domain name accepts what remains of this contract in full.

If you do not transfer your domain name (as needed by condition 22) there will be no valid transfer of this contract and domain name, and no document or agreement attempting or claiming to transfer the domain name or this contract (or both) will have any effect.

If you are a consumer, you may have a right to cancel this contract under the Consumer Protection (Distance Selling) Regulations 2000 or similar laws amending or replacing it. The right must be claimed within seven working days of the start of the services (which include security-check work). If this happens, we will cancel this domain name and provide you or your agent (depending on who paid us) a full refund within 30 days. If we pay your agent, you may still have to get a refund from them. Exclusions and limitations of liability

Please note the explanation about liability at the beginning of this contract. However, nothing in these terms limits or excludes our liability for fraudulent misrepresentation or death or personal injury caused by our negligence.

By registering the domain name, we are not acknowledging that you have any rights in any words within the domain name, and we are not authorising you to use the domain name as part of a business.

We will not be liable to you whether under contract law, the legal rules about duties to other people (known as the law of ‘tort’) including negligence or otherwise, for:
any loss of profit, revenue or other type of economic loss (whether direct or indirect);
loss of business or contracts;
loss of expected savings or goodwill; or
any losses which a court categorises as ‘consequential’, or ‘indirect’ arising out of or in connection with the contract, including but not limited to:
any mistake or missing information in the register; and
loss of registration or use, or both (for whatever reason and whether temporary or otherwise), of the domain name.

The law normally implies terms into contracts, but you and we agree that, as far as the law allows, they do not apply to this contract.

Our total liability to you, whether under these conditions or otherwise (including liability for negligence), will be no more than £5,000.

If you are a consumer, conditions 27, 28 and 29 do not apply to you. Your statutory rights are not affected - for information contact your local authority Trading Standards . Department or your citizens advice bureau.

Conditions 11.1, 18, 19 and 25 to 39 will continue to apply after this contract has ended, even if that happens because we or you end this contract wrongfully. General

If a court rules that any of these conditions is not valid or cannot be enforced, the other conditions will continue to be valid and enforceable.

This contract does not give you any legal rights against other people who have registered .uk domain names or give other people rights against us for any reason.

The internet is constantly changing and developing. As a result of this, we reserve the right to make reasonable changes to the terms of this contract (including the DRS policy,DRS procedure and rules) at any time during the term of the contract. We will only do so when we have good reason. Unless we are acting because of a legal requirement or a court order, the change will only be made after we have consulted publicly. We will publish a notice in advance (ideally, 30 days in advance) on our website and provide a link from the main page. The changes will apply from the date shown in the notice. You should visit our website regularly to find out about any changes. If you do not agree with any change to the conditions, you may notify us that you want to end the contract in at least 30 days’ time. In this case, we will give you a proportionate refund of the registration for the remaining period.

Our address is Nominet UK, Minerva House, Oxford Science Park, Edmund Halley Road, Oxford, OX4 4DQ, England (phone +44(0)1865 332211, fax +44(0)1865 332299, e-mail: nominet@nominet.org.uk). Our offices are open from 9am to 5.30pm (UK local time) Monday to Friday, except for public holidays.

Except as set out in condition 5.4, or in the DRS policy and DRS procedure, any notice to be given under the contract will: be considered to have been served if hand-delivered, or sent by prepaid post, fax or e-mail, to you, your agent or representative (see condition 5.5) at any postal or e-mail address or fax number on the appropriate register entry (if to us, at any of the addresses above); and apply from the date it was delivered, or if not delivered the date it was sent or posted.

This contract is a legally binding document. You should read it carefully and make sure that it contains everything you want and nothing you are not prepared to agree to. These conditions, together with the rules, DRS policy and DRS procedure, are the entire contract between you and us for the domain name, and replace all previous contracts, understandings and representations about this domain name, whether spoken or written.

We deal with a large number of domain names and we rely on you or other people to tell us about any changes to your personal information or status. This means that sometimes we continue to list a domain name or accept instructions even after this contract has ended, or should have been ended. Nothing we do, or do not do, during that period stops the contract from ending, stops us from ending it, or acts to create a new contract.

This contract is made under the law of England and any court proceedings must be in the English courts. If you are a consumer in Scotland, Wales or Northern Ireland, we will accept your local law and courts. Enforcement of a court order may be done in any law or court system that is relevant.

(F) SPECIFIC TO DOMAIN ENDING IN .XXX

By registering the domain name ending in .xxx through Net 4 India Limited (“Registrar”), you enter into a contract of registration with ICM Registry, LLC (hereinafter referred to registry) as on the following conditions, which include conditions limiting our liability and relating to our use of your personal information. In the event of any conflict between this Agreement and any of the terms of your agreement with Registrar (the “Registrar-Registrant Agreement”), this Agreement shall prevail.

GENERAL TERMS AND CONDITIONS

The Registry supports the protection of intellectual property. By applying to register or reserve a name in the .XXX TLD, you agree that:

  • your use of the name will not infringe upon the intellectual property rights or other rights of any third party;
  • the Registry cannot and does not check to see whether the name (or any use you may make of the name) infringes upon the intellectual property rights or other rights of others nor can it or does it check to see whether another name in the .XXX TLD (or the use of another domain name by another Applicant or a third party in any context) infringes your intellectual property rights or other rights;
  • the Registry makes no guarantee to you against the possibility of an objection to, or challenge of, your Registration or use of the name or corresponding website by third parties; the selection and/or registration of a similar name in the .XXX TLD by another Applicant or Registrant in a manner that might compete with or cause confusion with respect to your Registration and/or use of the name or corresponding website;
  • it is your responsibility to investigate your intellectual property rights or other rights and the intellectual property rights or other rights of others with respect to the name in the .XXX TLD and the corresponding website; and e. you are exclusively liable for any claims of infringement arising out of or relating to your Registration or use of the name and/or the creation, launch or operation of the corresponding website.

You acknowledge and agree to abide by all Registry Policies set forth on the Registry Website www.icmregistry.xxx. You specifically acknowledge and agree that the Registry Policies may be modified by the Registry, and agree to comply with any such changes in the time period specified for compliance.

You agree to comply with applicable ICANN Requirements as set forth on the Registry Website.

You represent and warrant that you have provided current, complete, and accurate information in connection with your Registration Request or Reservation Request, and that you will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting Registration or Reservation. Your obligation to provide current, accurate, and complete information is a material element of this Agreement, and the Registry reserves the right to immediately deny, cancel, terminate, suspend, lock, or transfer any Registration or Reservation if it determines, in its sole discretion, that the information is materially inaccurate.

You consent to the collection, use, processing, and/or disclosure of your personal information in the United States and in accordance with the Registry Privacy Policy posted on the Registry Website, and incorporated by reference here. If you are visiting the Registry Website from a country other than the country in which the Registry servers are located, your communications with the Registry may result in the transfer of information (including your membership account information) across international boundaries; you consent to such transfer.

You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), ICM’s Charter Eligibility Dispute Resolution Policy (“CEDRP”), and ICM’s Rapid Evaluation Service (“RES”), each as described on the Registry Website. You further agree to abide by the final outcome of any of those processes, subject to any appeal rights provided in those processes or the law, and you hereby release the Registry, its affiliates and service providers and/or IFFOR from any and all direct or indirect liability associated with such dispute resolution processes.

You acknowledge and agree that the Registry reserves the right to disqualify you or your agents from making or maintaining any Registrations or Reservations in the .XXX TLD if you are found to have repeatedly engaged in abusive registrations, in its sole discretion.

You acknowledge and agree that the Registry reserves the right to immediately deny, cancel, terminate, suspend, lock, or transfer any Reservation Request or Registration Request and any resulting Reservations or Registrations that it deems necessary, in its discretion, in furtherance of the following:

  • to enforce Registry Policies and ICANN Requirements, as amended from time to time;
  • to protect the integrity and stability of the Registry, its operations, and the .XXX TLD;
  • to comply with any applicable law, regulation, holding, order, or decision issued by a court, administrative authority, or dispute resolution service provider with jurisdiction over the Registry or you;
  • to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, owners, officers, directors, representatives, employees, contractors, and stockholders;
  • to correct mistakes made by the Registry or any Registrar in connection with a Registration or Reservation; or
  • as otherwise provided herein

You agree to indemnify to the maximum extent permitted by law, defend and hold harmless the Registry, its affiliates and service providers, and the International Foundation for Online Responsibility (“IFFOR”), and each of their respective directors, owners, officers, employees, contractors, 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 or Reservation of, and/or your Registration Request or Registration Request for, any name in the .XXX TLD. You agree that the indemnifications stated herein survive termination of the Registrar-Registrant Agreement and this Agreement.

This Agreement, its interpretation, and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). You agree and submit to the exercise of personal jurisdiction of courts in the State of Florida for the purpose of litigating any such claim or action.

BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF FLORIDA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF FLORIDA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS. YOU FURTHER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You acknowledge and agree that the Registry is and shall be an intended third party beneficiary of the obligations you undertake in this Agreement. You acknowledge and agree that the Registry’s third party beneficiary rights have vested, and shall survive any termination or expiration of your Registration or Reservation.

You acknowledge and agree that names in the .XXX TLD are provided “as is”, “with all faults” and “as available.” The Registry, its affiliates and service providers, and IFFOR make no express warranties or guarantees about such names.

TO THE GREATEST EXTENT PERMITTED BY LAW, THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND IFFOR DISCLAIM IMPLIED WARRANTIES THAT THE .XXX TLD AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS AND/OR IFFOR ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS AND/OR IFFOR DO NOT GUARANTEE THAT ANY NAME IN THE .XXX TLD, IFFOR SERVICES, OR REGISTRY OPERATIONS WILL MEET YOUR REQUIREMENTS, WILL BE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE .XXX TLD, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU OR THIRD PARTIES WILL BE ABLE TO ACCESS OR USE ANY NAME IN THE .XXX TLD (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A REPRESENTATIVE OF THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR SHALL CREATE A WARRANTY REGARDING OPERATIONS OF THE REGISTRY OR ANY NAME IN THE .XXX TLD.

THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON A NAME IN THE .XXX TLD. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE REGISTRY, ITS AFFILIATES AND SERVICES PROVIDERS AND/OR IFFOR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE REGISTRY’S LIABILITY, AND THE LIABILITY OF THE REGISTRY’S AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR SHALL BE LIMITED TO THE MAXIUMUM EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE REGISTRY’S, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR PRODUCTS OR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. YOU AGREE THAT THE RIGHTS STATED HEREIN SURVIVE TERMINATION OF THE REGISTRAR-REGISTRANT AGREEMENT AND THIS AGREEMENT.

You may have additional consumer rights under your local laws that this Agreement cannot change.

The Registry reserves the right to modify, change, or discontinue any aspect of its services, agreements, this Agreement, including without limitation its prices and fees. You acknowledge and agree that the Registry, its affiliates and service providers, and/or IFFOR may provide any and all required notices, agreements, modifications and changes to this Agreement, and other information concerning the .XXX TLD electronically, by posting such items on the Registry Website. Your continued use of the Registry Website or your Registration and/or Reservation of any name in the .XXX TLD shall constitute your acceptance of the most current versions of those notices, agreements, modifications, and changes to this Agreement. In the event of any conflict between this Agreement and the notices, agreements, modifications or changes to this Agreement as posted from time to time on the Registry Website, the then-current terms of this Agreement posted on the Registry Website shall prevail.

You represent and warrant that your use of the Registry and/or any name in the .XXX TLD will not be for any illegal purposes, including without limitation:

  • any purposes that promote or encourage the promotion of child pornography or the exploitation of minors in any way;
  • the infringement of the intellectual property rights of any other person or entity;
  • the impersonation of any person or entity, or the submission of information on behalf of any other person or entity, without their express prior written consent;
  • the violation of privacy or publicity rights of any other person or entity;
  • the promotion or engagement in any spam or other unsolicited bulk email, the promotion or engagement in any software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment or computer or network hacking or cracking; or
  • the interference with the operation of the Registry Website or services offered by the Registry and/or IFFOR.

Names in the .XXX TLD are intended for and available to Applicants and Registrants who are at least eighteen (18) years of age. By submitting a Registration Request, creating a Registration, or maintaining a Registration you represent and warrant that you are at least eighteen (18) years of age.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, Applicant, or Registrant shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, the Registry finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including but not limited to the payment obligations. The Registry shall not be liable for any loss or damage resulting from the Registry’s reliance on any instruction, notice, document, or communication reasonably believed by the Registry to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, the Registry reserves the right (but undertakes no duty) to require additional authentication from you.

Registry Website may contain links to third party websites that are not owned or controlled by the Registry. The Registry assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third party websites, including without limitation its service providers or dispute resolution providers.

No failure on the part of the Registry to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of the Registry in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. The Registry shall not be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed by the Registry; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.

If any provision of this Agreement or the application thereof to any person, entity, or circumstances is determined to be invalid, illegal, or unenforceable in any jurisdiction, the remainder hereof, and the application of such provision to such person, entity, or circumstances in any other jurisdiction, shall not be affected thereby, and to this end the provisions of this Agreement shall be severable.

The Registry shall not be liable to you for any loss or damage resulting from any cause beyond its reasonable control (a “Force Majeure Event”) including, but not limited to, insurrection or civil disorder, war or military operations, national or local emergency, acts or omissions of government or other competent authority, compliance with any statutory obligation or executive order, fire, lightning, hurricane, explosion, flood, subsidence, weather of exceptional severity, and acts or omissions of persons of which the Registry is not responsible.

This Agreement (including its schedules, the privacy policy, the auction rules, the launch plan and related policies, as well as the domain name dispute resolution policies which are incorporated herein by this reference and form a part of it) constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, between the parties with respect to the subject matter expressly set forth herein.

In the event of termination of this Agreement, the following terms shall survive: Section 1.6, 1.9-1.15, 1.20, 1.23, and 1.25.

ADDITIONAL TERMS FOR ALL SUNRISE APPLICANTS AND ALL LANDRUSH APPLICANTS

At the close of the Sunrise period, if more than one Sunrise application of any kind (AT, AD, or B) is made for a domain name, all Sunrise Applicants for that name will be notified of the claims made by the other Sunrise Applicants for that name and that name will proceed to auction, in accordance with the Auction Rules. You agree to be bound by the Auction Rules. In furtherance of this provision, by submitting a Sunrise application you agree that the Registry and/or its Validation Agent is authorized to share information relating to your Sunrise application with other Sunrise Applicants. In the event any Sunrise Applicant proceeds with a Registration, such Applicant will be deemed on notice of the intellectual property claims submitted by the other Sunrise Applicant(s) and may not claim lack of notice with regard to such Applicant(s) in any subsequent dispute proceeding. You acknowledge and agree that you may not use proxy services during the Sunrise period.

At the close of the Landrush period, if more than one Landrush application is made for a domain name, all Landrush applicants will be notified that the domain name will proceed to auction, in accordance with Auction Rules. You agree to be bound by the Auction Rules. You acknowledge and agree that you may not use proxy services during the Landrush period.

ADDITIONAL TERMS FOR SUNRISE B (NON-COMMUNITY TRADEMARK) APPLICANTS

If you have submitted a Reservation Request under the Registry’s Sunrise B procedure, you acknowledge and agree that if your application is successful, your Reservation will not result in a Registration, does not convey any additional rights, including without limitation any additional intellectual property rights, and queries will resolve to a standard page that indicates that the name is reserved. You further acknowledge and agree that you may not in the future elect to convert this Reservation to a resolving Registration.

You acknowledge and agree that the Registry, its affiliates and service providers, and IFFOR shall have no liability of any kind for any direct or indirect loss or liability resulting from or arising in connection with the Sunrise processes, including, without limitation: (a) your ability or inability to reserve a name in the .XXX TLD through this process, and (b) any dispute between any parties arising in connection with this process.

(G) Specific to .PRO domain

.pro registration
.pro registration must be used or intended to be used primarily for bonafide professional activities. Bonafide professional activity means an activity, being carried out in good faith, and acknowledged as a profession by virtue of any law for the time being in force.

You hereby agree that while obtaining and during the term of domain name registration, you must meet the .pro registration requirements set forth by the Registry for the registration of the domain within .pro TLD.

Representation and Warranties
You hereby represent and warrant that:

  • you have the evidence of qualification for registration of the domain in the .pro TLD and the requisite verification documents in respect thereof, which Net4 may, at any point of time; verify.
  • the data provided in the domain name registration application is true, correct, up to date, and complete; You will, at all times, during the term of its registration keep the information provided above up to date;
  • any information provided by you does not infringe any intellectual property rights of any other person.

Liability for Inaccurate Data
You hereby acknowledge that only you shall be responsible for making any misrepresentation, whether done knowingly or unknowingly. Net4, in no event, shall be responsible for the acts done by you or the data/information provided by you or for any damages, of whatsoever nature, arising, whether knowingly or unknowingly, out of such information/data. You shall be responsible for verifying the correctness of the data that have been provided by you in consonance with the requirements of the domain .pro TLD. You shall also be solely responsible for any information/data provided by you in contravention/contradiction of the requirement of the domain .pro TLD.

Refund
No fees shall be refunded for the rejection of any application, if not found in order with the requirements of .pro TLD.

Indemnification
You shall indemnify, defend and hold harmless Net4, its subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from any and all claims, demands, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, in any way arising out of, relating to, or otherwise in connection with the domain name registration with .pro TLD. This indemnification obligation shall survive the termination or expiration of the this agreement.

You acknowledge, having read and understood, and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement

  • The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/policy.htm
  • (For registration agreements relating to Sunrise Registrations only:)The Sunrise Period Rules and Sunrise Dispute Resolution Policy, available athttp://www.registrypro.pro/sunrise.htm and http://www.icann.org/dndr/prosdrp/policy.htm;
  • The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm
  • The .pro TLD restriction requirements, available at http://www.registry.pro/pro/eligibility

(I) SPECIFIC TO .HK DOMAIN

.hk Domain
For registering a domain name ending.hk, the Registrant agrees to enter into a contract with Hong Kong Internet Registration Corporation Limited & Hong Kong Domain Name Registration Company Limited on the Terms & Conditions as set out below:

Domain Registration Policies, Procedures & Guidelines
https://www.hkirc.hk/content.jsp?id=6
Domain Name Dispute Resolution Policy
https://www.hkirc.hk/content.jsp?id=33#!/35
Mandatory Provisions Registration Agreement
Download Agreement

SEVERABILITY

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

NON-AGENCY

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

HEADING

Heading used in this agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this agreement.

NOTICE

You agree that, unless other instructions are posted on the Net4India's Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. Mail shall be sent to:

Net 4 India Limited
AB-11, Community Centre,
Safdarjung Enclave
New Delhi-110029
Fax No.- 91-11-41653217
Email- legal@net4india.net

NON-WAIVER

Our failure to require performance by the Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

ENTIRETY

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

GOVERNING LAW

This Agreement shall be governed and construed in accordance with the laws of Union of India. Both parties agree to submit to the jurisdiction to the National Capital Territory Region of Delhi.

INFANCY

You attest that you are of legal age to enter into this Agreement.

ACCEPTANCE OF AGREEMENT

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DISPUTE POLICY YOU ARE FILLING DOMAIN NAME REGISTRATION FORM. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Registrant Rights and Responsibilities

(b) DOMAIN NAME DISPUTE POLICY

The policy is between Net 4 India Limited and its customer (the domain-name holder or registrant). Thus the policy uses "us”, “we" and "our" to refer to the registrar and it uses "you" and "your" to refer to the domain name holder.

Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)

PURPOSE

This Uniform Domain Name Dispute Resolution Policy (the "Policy"), which has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm , and the selected administrative-dispute-resolution service provider's supplemental rules.

YOUR REPRESENTATION

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that

  • the statements that you made in your Registration Agreement are complete and accurate;
  • to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party;
  • you are not registering the domain name for an unlawful purpose; and
  • you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

CANCELLATION, TRANSFERS AND CHANGES

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

  • subject to the provisions of Paragraph 8, on receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
  • on receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
  • our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.