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For the Trellix,
MailIX,
and
PersonalNames.com's own Hosting services, Dispute
Policy, ccTLD Policies please
review those individual links to see their Terms of Service, in
addition to this Agreement.
To complete the registration process, you must
acknowledge that you have read, understood, and agree to be bound
by all of terms and conditions of this Agreement (for .biz, .com,
.info, name ,net, and .org domains); the appropriate Agreements
for country codes ("ccTLDs") domain registrations; the accompanying
appropriate dispute policies, the additional requirements; and
any registration rules or policies that are or may be published
from time to time by Pe@personalnames.com the Internet Corporation
for Assigned Names and Numbers ("ICANN") and/or any and all of
the registry administrators. Submission of your domain registration
application constitutes acceptance of all the terms and conditions
contained and referenced herein.
Registration Agreement
This Registration Agreement ("Agreement")
is between you, the person or entity registering a domain or domains,
and Pe@personalnames.com Inc. ("PersonalNames.com") and is effective when
accepted by PersonalNames.com at its offices in Vancouver, Washington,
(the "Effective Date"). PersonalNames.com may elect to accept or reject
your offer to enter into this Agreement for any reason in its
sole discretion, such rejection including, but not limited to,
a rejection based on a request for registration of a prohibited
domain.
1. Our Services:
Your domain registration will be effective upon occurrence of
all of the following:
You offer to PersonalNames.com this Agreement,
without modification, for PersonalNames.com's acceptance;
PersonalNames.com accepts this Agreement and your
domain registration application;
PersonalNames.com receives payment of the registration,
renewal and reinstatement fees as applicable; and
PersonalNames.com delivers the domain registration
information you provide to the registry administrator for the
applicable TLDs and the registry administrator puts into effect
your domain registration application.
In addition,
in accordance with your selections during the domain registration
process, PersonalNames.com may provide you with the option of
additional paid/free services in accordance with the terms below
but reserves the right to modify/discontinue those services at
any time. You must agree to abide by the terms, or PersonalNames.com
will not provide the services you selected to you. For the Trellix,
MailIX,
and
PersonalNames.com's own Hosting services, please review those
individual links to see their Terms of Service, in addition to
this Agreement.
2. Limitation of Liability:
You understand that PersonalNames.com does not control all aspects
of the domain registration process. For example, once you complete
a domain application, PersonalNames.com forwards the information contained
in the application to the appropriate Registry Administrator for
processing and actual registration of the name. PersonalNames.com
disclaims, and you agree that PersonalNames.com is not liable for
any inaccuracies regarding the registration information relating
to (i) the input of the information by you; and (ii) the input
of the information by the Registry Administrators. PersonalNames.com
will not be held liable, nor refund a domain name registration
due to spelling errors/typos.
3. Multiple Domain Registrations:
Pe@personalnames.com in accordance with ICANN policies, reserves the
rights to refuse to register multiple domain registrations.
4. Fees:
4.1 Payment of fees as a condition to domain
registration. As consideration for the domain registration service
provided by Pe@personalnames.com you agree to pay Pe@personalnames.com prior
to the effectiveness of the desired domain registration, all registration
and other applicable fees as indicated via a valid Credit Card
(no checks). Except as provided herein, all fees are non-refundable,
in whole or in part, even if your domain registration is suspended,
cancelled or transferred prior to the end of your then-current
registration term.
4.2 Reservation of right to modify fees. PersonalNames.com reserves the right to modify fees, surcharges, and renewal
fees or to institute new fees at any time, for any reason, at
its sole discretion.
4.3 Credit card charge-backs for domain registrations.
In the event of a charge-back to PersonalNames.com by your credit
card company (or similar action by another payment provider used
by us) in connection with the payment of the registration or other
fee, you agree and acknowledge that the domain registration shall
be transferred to PersonalNames.com as the paying entity for that
registration to the registry(ies) and that we reserve all rights
regarding such domain including, without limitation, the right
to make the domain available to other parties for purchase. In
PersonalNames.com's sole discretion, it may reinstate your domain
registration, subject to PersonalNames.com's receipt of the registration
fee and any reinstatement fees imposed by PersonalNames.com.
4.4 Credit card charge-backs for non-domain registration
services. In the event of a charge-back by a credit card company
(or similar action by another payment provider) in connection
with the payment of a non-domain registration fee, you agree and
acknowledge that service shall not initiate or will be discontinued,
if previously in use, and any information maintained by the service
may be deleted.
5. Required domain registration
information:
5.1 Registration information. As part of the
domain registration process and in accordance with ICANN Policies,
a domain registrant is required to submit and keep current the
following information (collectively, the "Registration Information"):
The domain registrant's name and postal address;
The domain being requested;
Administrative contact information, including
the name, postal address, e-mail address, voice telephone number,
and where available, fax number of the administrative contact
for the domain; and
Billing contact information, including the
name, postal address, e-mail address, voice telephone number,
and where available, fax number of the billing contact for the
domain.
5.2 Additional registration information. In addition,
in accordance with ICANN policies, PersonalNames.com is obligated to
maintain additional information relating to a domain registration,
which may include (collectively, "Additional Registration Information"):
The original creation date of the domain
registration;
The submission date and time of the registration
application to us and by us to the proper registry;
Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and related
correspondence between you and us;
Records of account for your domain registration,
including dates and amounts of all payments and refunds;
The IP addresses of the primary nameserver
and any secondary nameservers for the domain;
The corresponding names of those nameservers;
The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the technical
contact for the domain;
The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the zone
contact for the domain;
The expiration date of the registration; and
Information regarding all other activity between
you and us regarding your domain registration and related services.
5.3 Use of registration information and additional
registration information. You agree and acknowledge that PersonalNames.com
will make available the Registration Information and the Additional
Registration Information to ICANN; to other third parties such as
Verisign, Inc. Global Names Registry Ltd., Neustar, Inc., Afilias
USA, Inc., Global Domains International (collectively, "Registry
Administrators"); and as applicable laws may require or permit.
Additionally, you acknowledge and agree that ICANN and the Registry
Administrators may establish guidelines, limits and/or requirements
that relate to the amount and type of information that PersonalNames.com
may or must make available to the public or to private entities,
and the manner in which such information is made available. Further,
you hereby consent to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of, information
provided by you in connection with the registration of a domain
(including any updates to such information), whether during or after
the term of your registration of the domain. Moreover, you hereby
irrevocably waive any and all claims and causes of action that may
arise or have arose from such disclosure or use of your Registration
Information and the Additional Registration Information.
5.4 Information updating and accuracy obligations.
As a condition to continued registration of your domain, you must
keep the Registration Information current, complete and accurate.
You may access your Registration Information in PersonalNames.com's
possession to review, modify or update such Registration Information,
by accessing PersonalNames.com's domain manager service, or similar
service, made available at our Web site. In accordance with ICANN
policies, you acknowledge and agree that if you willfully provide
inaccurate information or fail to update your Registration Information
promptly will constitute a material breach of this Agreement and
may result in the cancellation of your domain registration. You
further agree that your failure to respond in less than ten (10)
calendar days to inquiries by PersonalNames.com concerning the accuracy
of the
Registration Information or immediately upon discovery of any willful
inaccuracy (including i.e. phone number of 555-1212, 000-0000) associated
with your domain registration shall constitute a material breach
of this Agreement and will be sufficient basis for cancellation
of your domain registration.
5.5 Information requirements for renewals. Upon
renewal of your domain registration, the type of information you
are required to provide may have changed. If you do not wish to
provide the new required information, your domain registration may
not be renewed.
5.6 Ownership of data. You agree and acknowledge
that PersonalNames.com owns all database, compilation, collective
and similar rights, title and interests worldwide in our domain
database ("Domain Database"), and all information and derivative
works generated from such Domain Database, which contains Registration
Information and Additional Registration Information. You further
agree and acknowledge that PersonalNames.com owns the following
information for those domain registrations for which we are the
registrar: (a) the original creation date of the registration; (b)
the expiration date of the registration; (c) the name, postal address,
e-mail address, voice telephone number, and where available fax
number of the technical contact, authorized contact, zone contact
and billing contact for the domain registration; (d) any remarks
concerning the registered domain that appear or should appear in
the WHOIS or similar database; and (e) any other information PersonalNames.com
generates or obtains in connection with the provision of domain
registration services, other than the domain being registered, the
Internet protocol (IP) addresses of the primary nameserver and any
secondary nameservers for the domain, and the corresponding names
of those nameservers. PersonalNames.com does not have any ownership
interest in your specific personal registration information outside
of its rights in its Domain Database.
6. Domain parking:
In the domain registration process, you will be asked to provide
name servers to associate with the domain being registered. If
you do not enter name servers for the domain at that time, the
domain will be automatically placed on name servers provided by
Pe@personalnames.com and internet users that type in the domain will
be redirected to a "coming soon" page (collectively, "parking
a domain" or a "parked domain"). There is no charge for parking
a domain. The "coming soon" page may contain advertisements and
other materials selected by Pe@personalnames.com in PersonalNames.com's
sole discretion. By not designating name servers during the registration
process, you hereby consent to and authorize PersonalNames.com's placement
of the "coming soon" page, and its associated contents, on your
parked domain. You may change the name server configuration (or
"un-park" the domain) after the registration is complete. If you
need to register name servers using the domains that you are currently
registering, the names will initially be parked with PersonalNames.com until you modify the name servers after the domain registration
is complete, using your account manager.
7. Registration renewal:
7.1 Renewal obligations. You are solely responsible
for ensuring that any and all domains and additional services
are renewed prior to their expiration, should you so desire their
renewal. You may renew your domain at any time before the expiration
date. PersonalNames.com shall have no liability to you or any third
party in connection with the renewal, including, but not limited
to, any failure or errors in renewing the services.
You may be notified at PersonalNames.com's sole discretion when renewal
fees are due. Should these fees go unpaid within the time specified
in a notice or reminder regarding renewal, your registration will
be cancelled. Payment must be made by such other method as we
indicate in the renewal form. If your billing information is not
accurate, you are solely responsible for the failure to renew.
7.2 Autorenewal. You agree that if you paid for
any services provided hereunder by credit card, you hereby authorize
but do NOT obligate, PersonalNames.com to automatically charge your
credit card and renew the applicable service(s) on or before their
renewal date using the credit card information you have provided
to Pe@personalnames.com unless you notify PersonalNames.com that you do
not wish to participate in PersonalNames.com's automatic renewal process.
Notification of your intent to not renew (opt-out) must be received
by PersonalNames.com no earlier than thirty (30) days prior to renewal
date or on renewal date. In the absence of such notification from
you, PersonalNames.com will automatically renew, for a period of one
year, any domain that is up for renewal and will charge the credit
card you have on file with Pe@personalnames.com at PersonalNames.com's then
current rates. You are solely responsible for the credit card
information you provide to PersonalNames.com and must promptly inform
PersonalNames.comof any changes thereto (e.g., change of expiration
date or account number). If the credit card has expired or is
otherwise invalid, you are solely responsible for a failure to
renew and PersonalNames.com shall not be liable for your failure.
If correct information is not provided prior to the expiration
date of the domain, your registration will not be renewed.
8. Dispute resolution policy:
You agree to be bound by the appropriate domain dispute resolution
policy ("Dispute Policy") applicable to the domain that you have
selected. The Dispute Policy(ies) can be found here. The Dispute Policy has been developed by ICANN and/or
the specific Registration Administrator(s) and is a required component
of every Agreement. The Dispute Policies are hereby incorporated
and made a part of this Agreement by reference. Certain disputes,
as specified in the applicable Dispute Policy, are subject to
that Policy. In the event such dispute arises, you agree that
you will be subject to the provisions specified in the Dispute
Policy in effect at the time your domain registration is disputed
by a third party. You further agree that, in the event a domain
dispute arises with any third party, you will indemnify and hold
PersonalNames.com harmless pursuant to the terms and conditions
contained in the Dispute Policy. The Dispute Policy may be modified
at any time by the applicable Registry Administrator(s) and your
continued use of the domain registered to you after any such Dispute
Policy modification shall constitute your acceptance of the modified
Dispute Policy and this Agreement. If you do not agree to any
of such changes, you may request that your domain registration
be cancelled or transferred to a different domain registrar. For
the adjudication of disputes concerning or arising from use of
the SLD name, the SLD holder shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the SLD holder's domicile and (2) where Registrar
is located.
9. Change of registrant
of domains:
9.1 Transfer of registration. The entity or person
named as the "registrant" at the time the controlling user name
and password are secured shall be the registrant of the domain.
You agree that prior to the effectiveness of any transfer of ownership
of your domain to another entity, PersonalNames.com reserves the right
to enforce any amount published for the transfer of ownership
of a domain. You further agree that, as a condition of any such
transfer of ownership of the domain, the person or entity to which
you seek to transfer your domain shall agree in writing (electronic
acceptance is acceptable) to be bound by the terms and conditions
of this Agreement. Your domain will not be transferred until we
receive such written assurances and/or actual payment of the transfer
fee, if any is imposed (or reasonable assurance as determined
by PersonalNames.com in its sole discretion). You acknowledge and
agree that if you attempt to transfer your domain registration
without paying PersonalNames.com any amount published for the transfer
of ownership of a domain, or if the entity to which you seek to
transfer your domain fails to agree in writing to be bound by
all terms and conditions of this Agreement, any such transfer
will be null and void, and will result in your domain registration
being revoked without a refund of any charges you have incurred
in attempting to register or transfer that domain.
9.2 When changing the name of Registrant within
Pe@personalnames.com you agree that the domain name may be changed back
to the Registrant listed immediately prior to the change upon
written (e-mail is acceptable) request within five (5) days (or
reasonable time as determined at PersonalNames.com's discretion) by
Registrant that was listed immediately prior to change.
9.3 When transferring a domain name into PersonalNames.com as the new Registrar of record and simultaneously changing
the name of Registrant or subsequently changing the name of Registrant,
you agree that the domain name may be re-transferred back to the
losing Registrar upon written (e-mail is acceptable) request by
Registrant that was listed immediately prior to transfer or upon
request by losing Registrar.
9.4 Restrictions on transfer. You agree that
you may not transfer your domain registration to another domain
registrar during the first sixty (60) days from the effective
date of your initial domain registration with PersonalNames.com You
agree to provide written authorization (electronic acceptance
is acceptable) to PersonalNames.com for the transfer of the domain
to another registrar and agree to pay any and all fees that may
be charged by PersonalNames.com to effect the transfer. Your request
to transfer to another registrar may be denied in situations described
in the Dispute Policy, including, but not limited to; a dispute
over the identity of the domain holder; bankruptcy; and default
in the payment of any fees.
10. Acceptable Use Policy:
You understand that all information, data, text, software programs,
music, sound, photographs, graphics, video, messages or other
materials ( collectively "Content"), whether publicly posted on
your website or privately transmitted via email or in any other
manner, is the sole responsibility of the person from which such
Content originated. This means that you, and not Pe@personalnames.com
are entirely responsible for all Content that you upload, post,
email, transmit or otherwise make available. Under no circumstances
will PersonalNames.com be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of
the use of any Content posted, emailed, transmitted or otherwise
made available.
PersonalNames.com and its designees shall have
the right (but not the obligation) in their sole discretion to
refuse or move any Content that is available via our services.
Without limiting the foregoing, PersonalNames.com and its designees
shall have the right to remove any Content that violates this
Registration Agreement or is otherwise objectionable. Further,
you acknowledge and agree that PersonalNames.com may preserve Content
and may also disclose such Content if required to do so by law
or upon the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b)
enforce this Registration Agreement; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of Pe@personalnames.com its
users and the public. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such
Content. In this regard, you acknowledge that you may not rely
on any Content created by PersonalNames.com or submitted to Pe@personalnames.com including without limitation information in Message Boards
and all other parts of our services.
You agree to:
a. not upload, post, email, transmit or otherwise make available
(collectively, "Transmit") any Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable;
b. not harm minors in any way;
c. not impersonate any person or entity, including, but not limited
to, a PersonalNames.com official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with
a person or entity;
d. not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted;
e. not Transmit any Content that you do not have a right to make
available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);
f. not Transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights ("Rights")
of any party;
g. not Transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
h. not Transmit any content that contains software viruses or
any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i. not disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users are able to or otherwise act
in a manner that negatively affects other users' ability to engage
in real time exchanges;
j. not interfere with or disrupt servers or networks, or disobey
any requirements, procedures, policies or regulations of networks;
k. not relay email from a third party's mail servers without the
permission of that third party.
l. not use "robots" or otherwise harvesting other's email addresses
from the PersonalNames.com site for purposes of sending unsolicited
or unauthorized material.
m. not upload, post, email, or transmit the same message, URL,
or post multiple times.
n. not intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not
limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations
having the force of law;
o. not "stalk" or otherwise harass another; or
p. not collect or store personal data about other users.
11. Unsolicited email prohibited;
consequences of sending unsolicited email:
11.1 Unsolicited email prohibited. You are strictly
prohibited from mass-mailing unwanted email advertisements or
solicitations of any type (e.g. SPAM, UCE) (collectively, "Unsolicited
Email"). Further, in conjunction with State of Washington laws,
PersonalNames.com prohibits a person from conspiring with another
to initiate the transmission of Unsolicited Email that: (a) uses
a third party's internet domain without permission of the third
party, or otherwise misrepresents or obscures any information
in identifying the point of origin or the transmission path of
a commercial electronic mail message; or (b) contains false or
misleading information in the subject line.
11.2 Right to Disable Account or Domain. If you
send Unsolicited Email, PersonalNames.com reserves the right, in its
sole discretion, to immediately disable any domain or user account
that allegedly sent such unsolicited email in order to forestall
further abuse or damage to email systems. Unsolicited Email sent
from other networks that reference email accounts of domains registered
by PersonalNames.com shall be considered to have originated from the
account referenced, unless compelling reasons are provided to
Pe@personalnames.com such that PersonalNames.com believes that the Unsolicited
Email originated with an unrelated third party.
11.3 Single complaint of Unsolicited Email. If
PersonalNames.com receives a complaint regarding Unsolicited Email,
PersonalNames.com will reasonably investigate the claim by, among
other things, contacting the administrative contact and/or the
account owner of the domain at the listed e-mail address. If there
is no response within five (5) days of our request, PersonalNames.com
will, in its discretion, take such action as it deems warranted
to prevent further sending of Unsolicited Email, including but
not limited to suspending and locking the domain. If the domain
registrant wishes to reinstate the domain after a 'lock' is in
place, it must apply to do so with Pe@personalnames.com take such remedial
measures as PersonalNames.com may request, and PersonalNames.com may unlock
the account, in its sole discretion. For those domains approved
to be unlocked, an administrative fee and a probationary period
may also be imposed at PersonalNames.com's discretion.
11.4 Multiple complaints of Unsolicited Email.
If PersonalNames.com receives two or more complaints for two or more
different domains within the same account related to Unsolicited
Email, and there is no response to either or both requests for
explanation, PersonalNames.com may suspend and lock the domains in
question and lock and disable the domains in the entire account.
For those domains within the account that have not received an
Unsolicited Email complaint, such domains may be permitted to
be transferred to another registrar at the account owner/domain
registrant's sole expense. However, the domains that have received
Unsolicited Email complaints will remain locked and suspended,
at PersonalNames.com's discretion.
11.5 Additional Unsolicited Email guidelines.
Certain PersonalNames.com services may have additional Unsolicited
Email guidelines explaining appropriate conduct for those services.
It is the user's responsibility to read and comply with each service's
guidelines for additional details regarding Unsolicited Email.
11.6 Enforcement of Unsolicited Email policy.
In addition to the above actions, violations of this Section 11
may result in legal action and/or a fine against you and the termination,
without notice, of your account and/or anything associated with
it, including, but not limited to, email accounts, posts, home
pages, and profiles. Nothing in this policy is intended to grant
any right to transmit email to or through PersonalNames.com computer
systems.
12. Agents and licensing:
You agree that, if you are registering a domain and listing someone
other than yourself as the registrant, you represent and warrant
that you have the authority to bind the person or entity listed
as registrant as a principal to this Agreement, including the
Dispute Policy. The name listed as registrant of the domain or
the appropriate officer of a listed Organization (at PersonalNames.com's discretion) may individually choose to move the domain
into another account for full access to the domain, irrespective
of wishes of agent/account owner/other listed contacts on that
particular domain (e.g. admin, billing). Further, you agree that
if you license the use of the domain registered to you to a third
party, you nonetheless remain the domain holder of record, and
remain responsible for strict compliance with this Agreement,
including but not limited to payment obligations, and providing
(and updating, as necessary) accurate Registration Information
and Additional Registration Information. Further, you remain fully
liable for any actions of the licensee using the domain.
13. Representations and
warranties:
In the event that, in registering the domain, you are providing
information related to a third party, you hereby represent and
warrant that you have (a) provided notice to that third party
of the disclosure and use of that party's information as set forth
in this Agreement, and (b) that you have obtained that third party's
express consent to the disclosure and use of that party's information
as set forth in this Agreement. You further represent that, to
the best of your knowledge and belief, neither the registration
of the domain nor the manner in which it is directly or indirectly
used infringes the legal rights of a third party. You further
represent and warrant that all information provided by you in
connection with your domain registration is accurate.
14. Indemnification
14.1 Indemnification of PersonalNames.com. You
will indemnify, hold harmless, and defend PersonalNames.com and
its subsidiary and parent entities, predecessors, successors,
affiliates, and assigns, and all of their respective current and
former officers, directors, members, shareholders, agents, and
employees (the "Indemnified Parties") from any and all Claims.
"Claim" means any action, cause of action, suit, proceeding, claim,
or demand of any third party (and all resulting judgments, bona
fide settlements, penalties, damages, losses, liabilities, costs,
and expenses (including without limitation reasonable attorneys'
fees and costs)), which arises out of: (a) your breach of this
Agreement or any of PersonalNames.com's policies applicable to
this domain registration or related services, (b) the operation
of your domain in any manner inconsistent with this Agreement
or any of PersonalNames.com's policies applicable to this domain
registration or related services, (c) any negligent act or omission
by you, or (d) any third party claim, action, or demand related
to the registration or use of the domain registered in your name
(and this indemnification is in addition to any indemnification
required under the Dispute Policy). "Reasonable attorneys' fees
and costs" as used in this Section 14 includes without limitation
fees and costs incurred to interpret or enforce this Section 14.
PersonalNames.com may, at its expense, employ separate counsel
to monitor and participate in the defense of any Claim. PersonalNames.com
will provide you with reasonably prompt notice of any Claim.
14.2 Indemnification of ICANN and Registry Operators. You
agree to indemnify, defend, and hold harmless ICANN, Registry
Operator(s) (including but not limited to VeriSign, Inc., Public
Interest Registry, Afilias Limited, NeuLevel, Inc., NeuStar, Inc.)
and their respective subcontractors, shareholders, directors,
officers, employees, affiliates and agents from and against any
and all claims, damages, liabilities, costs and expenses, including
reasonable attorneys' fees and costs and any other expenses arising
out of or related to your domain registration and any disputes
regarding same. This indemnification obligation shall survive
the termination or expiration of the registration agreement.
15. Warranty disclaimer;
limitation of liability:
15.1 Disclaimer of warranty. EXCEPT FOR THE REPRESENTATION
THAT PersonalNames.com IS AN ICANN-APPROVED DOMAIN REGISTRAR, PersonalNames.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN
REGISTRATION SERVICES. FURTHER, PersonalNames.com EXPRESSLY DISCLAIMS
THE IMPLIED WARRANTIES OF FITNESS FOR AN INTENDED PURPOSE, PROPER
WORKMANSHIP, NON-NEGLIGENCE, AND NON-INFRINGEMENT. WITHOUT ANY
LIMITATION TO THE FOREGOING, PersonalNames.com MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE
OF A DOMAIN UNDER THIS AGREEMENT WILL PREVENT CHALLENGES TO YOUR
DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER
OF ANY DOMAIN REGISTERED TO YOU.
15.2 Limitation of liability. YOU AGREE THAT
PersonalNames.com WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A)
SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B)
USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT
AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS;
(D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS
TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN REGISTERED
IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND PersonalNames.com'S REASONABLE CONTROL; (G) THE PROCESSING OF THIS APPLICATION;
OR (H) APPLICATION OF THE DISPUTE POLICY.
PersonalNames.com ALSO WILL NOT BE LIABLE FOR 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 PersonalNames.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL PersonalNames.com'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE.
SHOULD THIS AGREEMENT OR A DISPUTE POLICY BE AMENDED IN SUCH A
MANNER THAT YOU DO NOT ACCEPT OR AGREE TO, YOUR SOLE REMEDY WILL
BE TO CANCEL YOUR DOMAIN REGISTRATION OR TO REQUEST FOR DOMAIN
TRANSFER.
16. Term and termination:
16.1 Term. This Agreement is effective as of
the "Effective Date." The term of this Agreement is from the Effective
Date to the day that this Agreement ends through any of the following
means: (a) your domain registration is cancelled; (b) your domain
is actually transferred to a third party; or (c) your domain expires
or is terminated (in accordance with Section 16.3, below) (collectively,
"Termination").
16.2 Domain suspension, cancellation or transfer.
You acknowledge and agree that your domain registration is subject
to suspension, cancellation or transfer (cancellation or transfer
collectively referred to as, "Cancellation") (a) to correct mistakes
by Pe@personalnames.com another registrar, or a Registry Administrator
in administering the name or (b) for the resolution of disputes
concerning the domain pursuant to an ICANN policy or procedure.
You also agree that PersonalNames.com shall have the right in its
sole discretion to suspend, cancel, transfer or otherwise modify
a domain registration upon up to seven (7) calendar days prior
notice and after such time as PersonalNames.com receives a properly
authenticated order from a court of competent jurisdiction, or
arbitration award, requiring the suspension, cancellation, transfer
or modification of the domain registration.
16.3 Termination. PersonalNames.com reserves the
right to suspend, cancel, transfer or modify your domain registration
if: (a) you materially breach this Agreement (including the Dispute
Policy) and do not cure such breach within ten (10) days of notice
by PersonalNames.com; (b) you use the domain to send Unsolicited Email,
in violation of this Agreement or applicable laws; (c) you use
your domain in connection with unlawful activity; or (d) you violate
this Agreement.
16.4 Survival. The following provisions will
survive Termination or Cancellation of this Agreement: Sections
12, 13, 14, 15, 16, and 17.
17. Additional terms:
17.1 Modifications to Agreement. ICANN REQUIRES
THAT THIS AGREEMENT MUST BE MODIFIED IMMEDIATELY TO REFLECT ANY
AND ALL CHANGES REQUIRED BY ICANN. THUS, THIS AGREEMENT MAY BE
MODIFIED AT ANY TIME TO REFLECT CHANGES IN ICANN'S POLICIES. Further,
except as otherwise provided in this Agreement, you agree, during
the term of this Agreement, that we may: (1) revise the terms
and conditions of this Agreement; and/or (2) change part of the
services provided under this Agreement at any time. Any such revision
or change will be binding and effective immediately upon posting
of the revised Agreement or change to the service(s) on PersonalNames.com's
Web sites, or upon notification to you by e-mail or United States
mail. You agree to periodically review our Web sites, including
the current version of this Agreement available on our Web sites,
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 United States
mail addressed as follows, Attention: Customer Support, 11807
N.E. 99th Street, Suite 1100, Vancouver, Washington, 98682. Notice
of your termination will be effective on receipt and processing
by us. Any fees paid by you if you terminate your Agreement with
us are nonrefundable, but you will not incur any additional fees.
By continuing to use PersonalNames.com services after any revision
to this Agreement or change in service(s), you agree to abide
by and be bound by any such revisions or changes.
We are not bound by nor should you rely on any representation
by (i) any agent, representative or employee of any third party
that you may use to apply for our services; or in (ii) information
posted on our Web site of a general informational nature.
17.2 Governing law. Except as otherwise set
forth in the Dispute Policywith respect to disputes, this Agreement,
your rights and obligations and all actions contemplated by this
Agreement shall be governed by the laws of the State of Washington,
as if the Agreement was a contract wholly entered into and wholly
performed within the State of Washington. Except as otherwise
set forth in the Dispute Policy with respect to disputes, any
action to enforce this Agreement or any matter relating to your
use of the web site (including class actions or individual suits,
regardless of whether or not a similar action and/or comparable
remedy could be pursued in a foreign state) shall be brought exclusively
in the Superior Court in Clark County, Washington, or if there
is no jurisdiction in such court, then in the United States District
Court for the Western District of Washington in Tacoma.
17.3 Notices. You agree that any notices required
to be given under this Agreement by PersonalNames.com to you will
be deemed to have been given if delivered in accordance with the
contact information you have provided.
17.4 Relationship. Nothing contained in this
Agreement shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties.
17.5 Waiver. The failure by PersonalNames.com
to require performance of any provision hereof shall not affect
the full right to require such performance at any time thereafter;
nor shall the waiver by PersonalNames.com of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.
17.6 Severability. In the event that any provision
of this Agreement shall be unenforceable or invalid under any
applicable law or be so held by applicable court decision, such
unenforceability or invalidity shall not render this Agreement
unenforceable or invalid as a whole. PersonalNames.com will amend
or replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, the original objectives
and intent of PersonalNames.com. as reflected in the original
provision.
17.7 Assignment. This Agreement may be assigned
by PersonalNames.com without your consent. You may not assign
this Agreement (and the related domain registration) without the
prior consent of PersonalNames.com and/or without using the PersonalNames.com
domain transfer process in compliance with ICANN's policies.
17.8 Entire agreement. This Agreement, and the
attachments and documents referenced herein, including but not
limited to the Dispute Policy (as modified from time to time),
constitute the complete and exclusive agreement between you and
Pe@personalnames.com and supersede and govern all prior proposals,
agreements, or other communications.
APPENDIX 1.
ADDITIONAL REGISTRY REQUIREMENTS
Listed below are additional contractual requirements that you
the registrant must agree to should you desire to register a domain
in these registries.
1. .INFO. Should you seek to registrar a .INFO
second level domain, you must agree to be bound by the following
terms:
1.1 Registrant consents to the use, copying, distribution, publication,
modification, and other processing of Registered Domain Holder's
Personal Data by Afilias, the .INFO Registry Operator, and its
designees and agents in a manner consistent with the purposes
specified pursuant in its contract.
1.2 Registrant agrees to submit to proceedings under ICANN's Uniform
Domain Dispute Policy (UDRP) and comply with the requirements
set forth by Afilias for domains registered during the Sunrise
Period, including the mandatory Sunrise Dispute Resolution Policy.
These policies are subject to modification.
1.3 Registrant agrees to immediately correct and update the registration
information for the Registered Name during registration term for
the Registered Name, failure to correct this information shall
constitute a breach of this Agreement.
1.4 Registrant acknowledges that Afilias, the registry operator
for .INFO, will have no liability of any kind for any loss or
liability resulting from the proceedings and processes relating
to the Sunrise Period or the Land Rush Period, including, without
limitation: (a) the ability or inability of a registrant to obtain
a Registered Name during these periods, and (b) the results of
any dispute over a Sunrise Registration.
1.5 Registrar and Afilias, the registry operator for .INFO, expressly
reserve the right to deny, cancel or transfer any registration
that it deems necessary, in its discretion, to protect the integrity
and stability of the registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of Registrar and/or
Afilias as well as their affiliates, subsidiaries, officers, directors
and employees. Registrar and Afilias also reserve the right to
freeze a domain during resolution of a dispute
2. .BIZ. Should you seek to registrar a .BIZ
second level domain, you must agree to be bound by the following
terms:
2.1 BIZ RESTRICTIONS. Registrations in the .biz TLD must be used
or intended to be used primarily for bona fide business or commercial
purposes. For purposes of the .biz Registration Restrictions ("Restrictions"),
"bona fide business or commercial use" shall mean the bona fide
use or bona fide intent to use the domain or any content, software,
materials, graphics or other information thereon, to permit Internet
users to access one or more host computers through the DNS:
a) To exchange goods, services, or property of any kind;
b) In the ordinary course of trade or business; or
c) 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 solely for the purposes of (1) selling, trading
or leasing the domain for compensation, or (2) the unsolicited
offering to sell, trade or lease the domain for compensation shall
not constitute a "bona fide business or commercial use" of that
domain.
2.2 BIZ CERTIFICATION. As a .biz domain registrant, you hereby
certify to the best of your knowledge that:
(a) The registered domain 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 for compensation, or (2) the unsolicited offering to
sell, trade or lease the domain for compensation. For more information
on the .biz restrictions, which are incorporated herein by reference,
please see: http://www.neulevel.com/countdown/registrationRestrictions.html
(b) The domain registrant has the authority to enter into the
registration agreement; and
(c) The registered domain is reasonably related to the registrant's
business or intended commercial purpose at the time of registration.
2.3 PROVISION OF REGISTRATION DATA.
2.3.1 Provision of Registration Data. As part of the registration
process, you are required to provide us with certain information
and to update this information to keep it current, complete and
accurate. This information includes (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
nameserver and any secondary nameserver(s) for the domain; (iv)
the corresponding names of those nameservers; (v) the full name,
postal address, e-mail address, voice telephone number, and fax
number if available of the technical contact for the domain; (vi)
the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the administrative contact
for the domain; (vii) the name, postal address, e-mail address,
voice telephone number, and fax number if available of the billing
contact for the domain; and (viii) any remark concerning the registered
domain that should appear in the Whois directory. You agree and
understand that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by
ICANN/Registry Policy and may be sold in bulk in accordance with
the ICANN Agreement.
2.3.2 Inaccurate or Unreliable Data. You hereby represent and
warrant that the data provided in the domain 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 promptly to update information provided to us, or any
failure to respond for over five calendar days to our inquiries
addressed to the e-mail address of the administrative, billing
or technical contact then appearing in the Whois directory with
respect to an domain concerning the accuracy of contact details
associated with any registration(s) or the registration of any
domain(s) registered by or through you or your account, shall
constitute a breach of this Agreement. Any information collected
by us concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the registration
of your domain(s) and for the purposes of this Agreement and as
required or permitted by the ICANN Agreement or any ICANN/Registry
Policy.
2.4 DOMAIN DISPUTE POLICY. If you reserved or registered a .biz
domain through us, you agree to be bound by our current domain
dispute policy that is incorporated herein and made a part of
this Agreement by reference. Please take the time to familiarize
yourself with that policy. In addition, you hereby acknowledge
that you have read and understood and agree to be bound by the
terms and conditions of the following documents, as they may be
amended from time to time, which are hereby incorporated and made
an integral part of this Agreement:
(i) The Uniform Domain Dispute Resolution Policy, available at
http://w ww.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available
at http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with
a dispute between a registrant of a .biz domain ("Registrant")
with any third party (other than Registry Operator or Registrar)
over the registration or use of a .biz domain registered by Registrant
that is subject to the Intellectual Property Claim Service. The
Intellectual Property Claim Service a service introduced by Registry
Operator to notify a trademark or service mark holder ("Claimant")
that a second-level domain has been registered in which that Claimant
claims intellectual property rights. In accordance with the STOP
and its associated Rules, those Claimants will have the right
to challenge registrations through independent ICANN-accredited
dispute resolution providers. The UDRP sets forth the terms and
conditions in connection with a dispute between a Registrant and
any party other than the Registry Operator or Registrar over the
registration and use of an Internet domain registered by Registrant.
The RDRP sets forth the terms under which any allegation that
a domain 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 is being used primarily for
business or commercial purposes or that a domain is being used
in compliance with the SUDRP or UDRP processes.
2.5 DOMAIN DISPUTE POLICY MODIFICATIONS. You agree that we, in
our sole discretion, may modify our dispute policy. We will post
any such revised policy on our Web site at least thirty (30) calendar
days before it becomes effective. You agree that, by maintaining
the reservation or registration of your domain after modifications
to the dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any
such modification, you may terminate this Agreement. We will not
refund any fees paid by you if you terminate your Agreement with
us.
2.6 DOMAIN DISPUTES. You agree that, if your use of our domain
registration services is challenged by a third party, you will
be subject to the provisions specified in our dispute policy in
effect at the time of the dispute. You agree that in the event
a domain dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions set
forth below in this Agreement. If we are notified that a complaint
has been filed with a judicial or administrative body regarding
your use of our domain registration services, you agree not to
make any changes to your domain record without our prior approval.
We may not allow you to make changes to such domain record until
(i) we are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the other party
contesting your registration and use of our domain registration
services that the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your registration
and use of our domain registration services, we may deposit control
of your domain record into the registry of the judicial body by
supplying a party with a registrar certificate from us.
2.7 RESERVATION OF RIGHTS. [Registrar] and the .biz Registry Operator,
NeuLevel expressly reserve the right to deny, cancel or transfer
any registration that it deems necessary, in its discretion, to
protect the integrity and stability of the registry, to comply
with any applicable laws, government rules or requirements, requests
of law enforcement, in compliance with any dispute resolution
process, or to avoid any liability, civil or criminal, on the
part of [Registrar] and/or NeuLevel, as well as their affiliates,
subsidiaries, officers, directors and employees. [Registrar] and
NeuLevel also reserve the right to freeze a domain during resolution
of a dispute.
3. .NAME . Should you seek to registrar a
.NAME second level domain, you must agree to be bound by the following
terms:
3.1 Eligibility Requirements. You represent and warrant that every
registration you are applying for in the .name TLD satisfies the
eligibility requirements ("Eligibility Requirements") established
by Global Name Registry Ltd., the registry for the .name TLD,
which are available at the following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
3.2 Dispute Resolution Policies. You agree that every service
for which you register is subject to the Uniform Domain Dispute
Resolution Policy (the "UDRP") and the Eligibility Requirements
Dispute Resolution Policy (the "ERDRP"), which are located at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
Without limiting the foregoing, you agree that (i) every Defensive
Registration is subject to challenge pursuant to the ERDRP; (ii)
if a Defensive Registration is successfully challenged pursuant
to the ERDRP, the Defensive Registration Holder will pay the challenge
fees; (iii) if a challenge to a Defensive Registration is successful,
the Defensive Registration will be subject to the procedures described
in the ERDRP and the Eligibility Requirements including, without
limitation, the cancellation of the Defensive Registration Holder's
other Defensive Registrations; and (iv) if a Phase I Defensive
Registration (as defined by the .name registry) is successfully
challenged on the basis that it does not meet the applicable eligibility
requirements, the Defensive Registration Holder will thereafter
be required to demonstrate, at its expense, that it meets the
eligibility requirements for Phase I Defensive Registrations for
all other Phase I Defensive Registrations that it registered within
.name through any registrar. In the event the Defensive Registration
Holder is unable to demonstrate the foregoing with respect to
any such Phase I Defensive Registration(s), those Defensive Registration(s)will
be cancelled.
3.3 Limitation of Liability. In addition to the other limitations
of liability contained herein, you agree that neither the .name
registry nor Verisign shall have any liability of any kind for
any loss or liability resulting from (i) the processing of registration
requests prior to live SRS launch, including, without limitation,
your ability or inability to obtain a Registered Name, a second-level
domain e-mail address registration (an "SLD E-mail Address"),
a Defensive Registration, or a NameWatch Registration using the
services provided by Verisign or the .name registry; or (ii) any
dispute over any Registered Name, SLD E-mail Address, Defensive
Registration or NameWatch Registration, including any dispute
resolution proceeding related to any of the foregoing.
4. ALL OTHER ccTLDs:
4.1 Eligibility Requirements. You represent and warrant that every
registration you are applying for in the cc TLD satisfies the
eligibility requirements ("Eligibility Requirements") established
the Registry Administrator for that specific country which are
located HERE.
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