Any dispute, controversy or claim between the Domain Name Holder and Registry relating to a Domain Name or a request for a Domain Name shall be subject to the laws of England and Wales and the exclusive jurisdiction of the courts in England and Wales.
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INK Terms and Conditions. Uniregistry Registrant Terms and Conditions. BID Terms and Conditions. UNO Terms and Conditions. ONL Terms and Conditions. NYC Terms and Conditions. AXA Terms and Conditions. Radix Terms and Conditions.
MOE Terms and Conditions - http: GOP Terms and Condition. Afilias General Registry Policies - http: KIM Terms and Conditions - http: RED Terms and Conditions - http: PET Terms and Conditions - http: BET Terms and Conditions - http: SOY Terms and Conditions. HIV Terms and Conditions - https: BIO Terms and Conditions - http: SKI Terms and Conditions - http: EUS Terms and Conditions - http: GAL Terms and Conditions - http: HOW Terms and Conditions - http: TOP Terms and Conditions - http: OOO Terms and Conditions - http: CEO Terms and Conditions - https: OVH Terms and Conditions - http: As such the Parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry have vested and that the Registry has relied on its third party beneficiary rights under this Agreement in agreeing to MarkMonitor Inc.
Additionally, the third party beneficiary rights of the Registry shall survive any termination of this Agreement. The Applicant acknowledges having read and understood and agrees 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 Registration Agreement: The Registered Name Holder is prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and consequences for such activities, include suspension of the domain name.
SEX Terms and Conditions - http: MEN Terms and Conditions - http: WIN Terms and Conditions - http: ONE Terms and Conditions - http: RIO Terms and Conditions - http: LAT Terms and Conditions - http: PIR Terms and Conditions - http: The Registered Name Holder expressly agrees to this at the time of the initial registration of the Registered Name.
Validation Data must be provided as requested from time to time by the Registry. Registrant certifies, prior to check out or collection of any registration fees, that Registrant is qualified to register the domain and that all provided information is true and accurate.
Validation may occur for each registration year. Registry may periodically re-verify accreditation at no additional cost. SRL and Conditions - https: The Code of Conduct for the. XIN Terms and Conditions - http: KRD Terms and Conditions - http: FRL Terms and Conditions - http: AAA Terms and Conditions - http: AIG Terms and Conditions - http: CSC Terms and Conditions - http: IST Terms and Conditions - http: GDN Terms and Conditions - http: FOX Terms and Conditions - http: JMP Terms and Conditions - http: DHL Terms and Conditions - http: SAS Terms and Conditions - http: PRU Terms and Conditions - http: By undertaking registration of the domain name under these terms and conditions, Registrant hereby acknowledges and provides consent to disclosure, transfer, and the use of certain Registrant Whois Data in accordance with the Privacy Protection Regulations Transfer of Data Outside of Israel — US What are New gTLDs?
Your Role in Protecting Your Brand. Why MarkMonitor Brand Protection. AntiPiracy - Digital Media. Domain Management Terms and Conditions These Terms and Conditions hereinafter referred to as the "Domain Management Terms" or this "Agreement" sets forth the terms and conditions of your use of the domain name registration services and any related services made available through the domain management portion of MarkMonitor's Web Site www.
Services do not include the services available through the Trademark Management and Brand Management portions of the MarkMonitor Website. All gTLD domain name registrations we register or renew are not effective until we have delivered the domain name registration or renewal information you provide us to the Registry Operator for the respective gTLD, as applicable, and the Registry Operator puts into effect your domain name registration or renewal.
By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by the applicable Registry Operator for each of their respective registries and any new Registry Operators for any new gTLDs that may become available through MarkMonitor, some of which are described on Exhibits A-D attached.
If you request Services related to any ccTLDs, you agree to be bound by all of the additional terms and conditions described on Exhibit E hereto. In addition, you agree to be bound by all of the additional terms, rules and regulations of each ccTLD Registry Operator or registrar utilized, which may change from time to time, including any dispute resolution policies adopted by such Registry Operators.
Customer is responsible for promptly gathering the information required by each ccTLD Registry Operator and for providing such information to MarkMonitor in the manner requested. Certain ccTLD Registry Operators may require certain items such as letters, corporate Identification numbers, or other documents to be submitted either by MarkMonitor or submitted directly from Customer.
Customer may request administrative and technical contacts including name servers to be changed at time of initial transfer for no additional fee. Third-Party Costs are not included in the registration or transfer fee and will be quoted separately for each domain name.
If you request services related to the acquisition of a gTLD or ccTLD that is currently owned by someone other than you, you agree to be bound by all of the additional terms and conditions described in Exhibit G. If you request services related to domain name system DNS management services, you agree to be bound by all of the additional terms and conditions described in Exhibit H.
You acknowledge and agree that MarkMonitor cannot guarantee that you will be able to register, transfer or renew a desired domain name, even if an inquiry indicates that domain name is available, since MarkMonitor cannot know with certainty whether the requested domain name is simultaneously being sought by a third party, 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 also acknowledge and agree that MarkMonitor is not liable or responsible in any way for any errors, omissions or any other actions by any Registry Operator or registrar arising out of or related to your application for and registration of, renewal of, transfer of or failure to register, transfer or renew a particular domain name. You further acknowledge and agree that MarkMonitor may elect to accept or reject any of your applications for registration or renewal for any reason at its sole discretion, including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name or rejection due to a potential infringement of someone else's rights.
You also acknowledge and agree that MarkMonitor is not liable or responsible in any way for any errors, omissions or any other actions by any Registry Operator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
By applying to register a domain name, or by asking MarkMonitor to maintain, transfer or renew a domain name registration, you hereby represent and warrant to us that a the statements that you made in connection with such registration, transfer, maintenance, or renewal are complete and accurate; b to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; c you are not registering the domain name for an unlawful purpose; d you will not knowingly use the domain name in violation of any applicable laws or regulations, and e that you are the rightful owner of any domain names for which you request a transfer to MarkMonitor.
You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name infringe or violate someone else's rights.
MarkMonitor considers the entity named as the Registrant for the domain name at the time of initial registration with MarkMonitor as the entity that controls the domain name. The first time you apply to use MarkMonitor's Portal, you will be assigned a username and password.
That username and password are the means through which you access to certain of the Services. You acknowledge and agree that in no event will MarkMonitor be liable for the unauthorized use or misuse of your User name or password. The Portal is designed to notify the Primary User contact as identified in the Portal for a domain name at least thirty 30 days before a domain renewal fee is due.
MarkMonitor shall update the Portal to automatically renew gTLDs and ccTLDs under management on the first day of each month for any domains expiring within that calendar month. Unless you instruct MarkMonitor otherwise by deactivating your auto-renew status through the Portal for gTLDs prior to the first day of the month of expiration and prior to sixty 60 days from the expiration date for any ccTLDs managed by MarkMonitor, MarkMonitor will assume that the Customer desires to have the expiring domain name renewed.
We will charge the credit card you used to secure the initial term of registration with us, or bill your account, as appropriate the following month in accordance with the payment terms described in Section 4.
If you will be transferring domains to MarkMonitor currently registered with another registrar, you understand that there may be certain confirmations and procedures required by the transferring registrar in order to complete the transfer process, such as responding to e-mails acknowledging the transfer request. You agree to promptly cooperate with such procedures and you acknowledge that any delays in your compliance with the applicable procedures may delay the effective date of such transfer to MarkMonitor.
You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty 60 days from the effective date of your initial domain name registration with MarkMonitor.
Customer understands that MarkMonitor is only responsible for the submission of the registrar transfer request to the Registry and the adding of the domain name to MarkMonitor's registrar database upon a successful transfer. MarkMonitor is not responsible for any action required by the previous registrar or by the customer to either facilitate the transfer or expedite it.
Transfers may take from one day to several days depending on the processes of the current registrar. Due to the time constraints involved, MarkMonitor does not recommend that a Customer request a registrar transfer within thirty days of the expiration date of the affected domain name.
Customer understands that transferring of a domain not owned by the Customer results in MarkMonitor performing customer service functions and often paying the previous registrar to transfer the domain back on behalf of the rightful owner. You agree that if you initiate a transfer of registrant request through MarkMonitor, MarkMonitor is authorized to process such request without requiring you to provide any notarized statements or other proof of ownership of the affected domain name or otherwise confirming such transaction with the registrant of record.
In submitting each such request, you represent and warrant that: MarkMonitor assumes no liability with respect to any such transfers. MarkMonitor has the right to reverse a registrant transfer request or suspend, transfer or cancel a domain name affected by such request for any reason, including, without limitation, if MarkMonitor has reason to believe that a registrant transfer was consummated in error or in violation of the rights of a third party.
You acknowledge and agree that MarkMonitor may suspend, cancel, transfer or modify your use of the Services at any time, for any reason at its sole discretion. Without limiting the foregoing, MarkMonitor may suspend, cancel, transfer or modify your domain name registration if a you materially breach this Agreement including any applicable additional rule or policy and do not cure such breach within five 5 calendar days of notice by MarkMonitor, b you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or c you use your domain name in connection with unlawful activity.
You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to i the UDRP, ii any ICANN adopted specification or policy, iii any Registrar including MarkMonitor or Registry Operator procedures, iv to correct mistakes by MarkMonitor or the Registry Operator in registering the name v for the resolution of disputes concerning the registered domain name, or vi any applicable policy adopted by any ccTLD Registry Operator.
You also agree that MarkMonitor shall have the right to suspend, cancel, transfer or otherwise modify your domain name registration at such time as MarkMonitor receives i a properly authenticated notification from a court of competent jurisdiction, or ii an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration.
Orders for Services may be placed by Primary User or any Sub-User with such permission in the Portal through the Portal, by e-mail, or telecopy. MarkMonitor may accept an Order through any of the following means: In the event an Estimate is issued, Customer agrees to sign and return the Estimate in the manner specified therein.
Customer's failure to sign the Estimate may result in MarkMonitor canceling the Order. Once accepted, no Orders may be cancelled by Customer. Customer acknowledges that Services which are unfulfilled for more than six months due to a failure of Customer to provide requested information and or documentation will be considered closed by MarkMonitor and require the Customer to submit another Order to reinstate the Services affected.
Customer agrees to pay MarkMonitor for all Fees charged in connection with any accepted Orders hereunder. MarkMonitor shall submit invoices to Customer to the billing contact or contacts as listed in the Portal at the beginning of each calendar month, which shall reference the Fees associated with all Orders and recurring Services accepted by MarkMonitor during the prior month.
All invoices are due and payable by Customer within thirty 30 days of the invoice date or in accordance with any other payment terms contained in an Estimate.
Any payment not received within thirty 30 days from the applicable due date will accrue interest at a rate of the lesser of one and one half per cent 1. In the event of a charge back by a credit card company or similar action by another payment provider allowed by us or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to MarkMonitor as the entity that has paid the registration, renewal, or transfer fee for that registration to the 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.
MarkMonitor may terminate the Agreement, with or without cause, upon thirty 30 days' notice to you. Any termination of this Agreement shall not relieve Customer of any obligations to pay Fees and Third-Party Costs accrued prior to the termination date and any other amounts owed by Customer to MarkMonitor as provided in this Agreement.
Upon termination of this Agreement, MarkMonitor will have no obligation to pay renewal Fees beyond that which was pre-paid by Customer. It is Customer's responsibility to modify billing contacts of domain names in order to receive renewal notices directly.
MarkMonitor is not responsible to file, forward, or in anyway administer renewal notices beyond that which MarkMonitor has received applicable Fees for by Customer. The terms set forth in Sections 2. Furthermore, you shall provide to MarkMonitor accurate and reliable contact details and correct and update them within seven 7 days of any change during the term of the domain name registration. The information you are obligated to provide and keep current in connection with your use of MarkMonitor's domain name registration, administration, and renewal services is the following: You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed.
If you do not wish to provide the new required information, the registration may not be renewed. In addition to the information you provide, we maintain records relating to any domain name application received by MarkMonitor, as well as any domain name registered through, administered, or renewed by MarkMonitor.
We also maintain records relating to other services that we provide to you. These records may include, but are not limited to: You acknowledge and agree that MarkMonitor owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to MarkMonitor a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: MarkMonitor does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section.
The original creation date of a domain name registration, renewal, or request for service; The submission date and time of a registration or renewal application to us and by us to the proper registry; Communications electronic or paper form constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us; Records of your account, including dates and amounts of all payments and refunds; The IP addresses of the primary name server and any secondary name servers for the domain name; The corresponding names of those name servers; The name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name; The expiration date of a domain name registration; and Information regarding all other activity between you and us regarding your use of the Services.
You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration.
You further acknowledge and agree that your failure to respond within seven 7 days of any change, or its failure to respond for over fifteen 15 days to inquiries by MarkMonitor concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You acknowledge and agree that MarkMonitor may make available information you provide or that we otherwise maintain to such third parties as applicable laws require or permit.
You further acknowledge and agree that MarkMonitor may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection such as through our WHOIS service or BulkWhois requirements specified by ICANN or for targeted marketing and other purposes as required or permitted by applicable laws.
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 name or use of any Services including any updates to such information.
We agree that we will take reasonable precautions to protect data about any identified or identifiable natural person from loss, misuse, unauthorized access or disclosure, alteration or destruction in accordance with the limitations described in this Agreement.
MarkMonitor shall provide a notice to you stating: The purposes for which any Personal Data collected from you 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 you or the data subject can access and, if necessary, rectify the data held about them.
MarkMonitor will not process any Personal Data collected from you in a way incompatible with the purposes and limitations of this section. You represent that notice has been provided equivalent to that described in this Section 7 to any third-party individuals whose Personal Data are supplied to MarkMonitor by you, and that the you have obtained consent equivalent to that referred to in this Section 7 of any such third-party individuals.
You accept liability for harm caused by wrongful use of the Services. You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing and updating, as necessary both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.
As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm within seven 7 days of being provided such evidence. In the event that i in applying for the registration of a domain name you are providing information about a third party, or ii you license a domain name registered in your name 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.
Customer agrees that as long as MarkMonitor is currently providing Services to Customer, that Customer will allow MarkMonitor to list Customer's company name, in text format only, on its client list currently located on its website.
This indemnification is in addition to any indemnification required under the UDRP or any similar policy. As a result of obtaining validation from the TMCH, brand owners can register trademarks as domain names during Sunrise Periods, and learn when exact-match domain name registrations occur within the first 90 days of general registration. MarkMonitor simplifies the process of collecting and submitting required trademark data such as registration number, expiration date and country of right.
MarkMonitor offers such masking service "Domain Masking Services" for an additional mutually agreed fee. Customer represents and warrants the information provided to MarkMonitor in connection with the Domain Masking Services is current, complete, and accurate.
Customer agrees that i it shall use the Masking Service in good faith and not for an improper or illegal purpose, and ii registration and use of the Masked Names during the term of its registration with MarkMonitor does not infringe on the legal rights of any third party.
Customer will promptly respond to MarkMonitor's request for legal assistance in defending any third party claim against the Masked Name. MarkMonitor may, in its sole discretion and without liability, disclose Customer's identity and contact information when, in good faith, MarkMonitor believes it is required by law, in compliance with legal process, or necessary to address a potential claim of infringement or liability associated with the Masked Name.
MarkMonitor may terminate the Domain Masking Service and unmask Customer's domain names at any time with written notice to Customer, in response to i repeated claims or inquiries from third parties ii a formal complaint, or iii in the event of a breach of these terms by Customer.
Customer may request that MarkMonitor forward email, courier mail, and traceable U. Mail Express Mail, certified mail, legal notices, etc. Customer will be liable for any fees associated with the forwarding of such communications to Customer. Customer waives any and all claims arising from its failure to receive any communications concerning any Masked Name.
CONDUCT You may access and use the Services for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Services. GENERAL You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that MarkMonitor may modify or amend this Agreement, as well as any additional rules or policies that are or may be published by MarkMonitor, by notice to you through any means including, without limitation, through e-mail or through posting the revised terms on MarkMonitor's website , as necessary to comply with MarkMonitor's ICANN agreement, or with any other agreements that MarkMonitor is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances.
Your continued use of any domain name registered through MarkMonitor shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by MarkMonitor, each with the new modifications.
If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute over your domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California.
You agree and acknowledge that any acceptance of your application for the Services and the performance thereof will occur at our offices in San Francisco, California, the location of our principal place of business. Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute over your domain name registration, any action to enforce this Agreement or any matter relating to your use of the MarkMonitor site shall be brought exclusively in the United States District Court for the Northern District of California, or if there is no jurisdiction in such court, then in a state court in San Francisco County, California.
Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts a of the domain name holder's domicile, and b where MarkMonitor's headquarters are located, currently San Francisco, California.
These Domain Management Terms, the Exhibits hereto, as well as any additional rules and policies adopted by MarkMonitor from time to time, constitute the complete and exclusive agreement between you and MarkMonitor concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications; provided, however, if you have executed a written agreement with MarkMonitor with respect to the Services, such written agreement shall govern your use of the Services, subject to any additional terms that may be contained in the Exhibits hereto and or any MarkMonitor polices adopted from time to time.
All notices shall be made in writing and shall be sent by mail or telecopy to the addresses set forth on the signature page of this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole.
MarkMonitor 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 MarkMonitor as reflected in the original provision. Except as set forth herein, this Agreement may not be amended, waived or modified by either party except by means of a written document signed by both Customer and an authorized representative of MarkMonitor.
Customer agrees to maintain the confidentiality of, and not to disclose to any third party, the terms of this Agreement or the Fees charged hereunder, except as necessary in connection with any legal action or proceedings.
You acknowledge the following: You have reviewed and understood the VIP Policy available at www. Limited Functionality of Credentials. You understand that a VIP Credential for example, a digital certificate or token is intended to help you authenticate yourself to VIP Network participants for example, participating online merchants, banks and payment providers and increase the level of security of your web transactions with these entities.
The VIP participants will use the VIP Credential to verify with a higher degree of certainty, albeit not complete security that you are indeed who you say you are.
But, the VIP Credential is not fail proof nor can it be used as a substitute for official proof of your identity. You understand that as there are inherent security risks on the Internet, you must carefully consider the degree to which you choose to rely on your VIP Credential.
You understand that this Agreement is between you and the Credential Issuer. The Issuer from which you applied for your Credential has contracted with Symantec to deliver the Credential to you.
Credential Issuer, Symantec and VIP Network participants will process, share and transmit your personal data through the Internet, worldwide, to authenticate you in the context of transactions you conduct with VIP Network participants and for purposes of administering the VIP Network.
Terms and Conditions of Use You agree to the following and shall be held liable if you act in contradiction of these rules: You agree to provide accurate information and to provide all information reasonably requested by Symantec or the Credential Issuer.
You will maintain secure possession of the VIP Credential and promptly notify the Credential Issuer if you lose possession for any reason for example, if you change your mobile phone containing the VIP Credential or if you lose the token or hardware device which stores the VIP Credential. You may not let someone else use your VIP Credential.
Your sole and exclusive remedy for any malfunction, deficiency or other dissatisfaction related to a VIP Credential or any related services is a claim against the Credential Issuer to issue a replacement VIP Credential. Data Protection When using the Domain Registration Services, Customer will and Customer represents and warrants that it will comply with: To exchange goods, services, or property of any kind; In the ordinary course of trade or business; or To facilitate 1 the exchange of goods, services, information, or property of any kind; or, 2 the ordinary course of trade or business.
Terms applicable to the. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor. You have the authority to enter into this Agreement; and The registered domain name or. This information includes the information contained in the Whois directory, including: You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by Internet Corporation for Assigned Names and Numbers "ICANN".
You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration s or the registration of any domain name s registered by or through you or your account shall constitute a breach of this Agreement.
Any information collected by us concerning an identified or identifiable natural person "Personal Data" will be used in connection with the registration of your domain name s and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or an ICANN policy. The Global Name Registry, Limited "Registry Operator" may share your personal data with third parties that act as subcontractors to it for the purposes of this Agreement, and you agree that your personal data may be shared with Registry Operator's subcontractors.
You also agree that from time to time, Registry Operator may share some of your personal data, such as your address and postcode, with third parties who are conducting, on behalf of Registry Operator, market analysis. 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: According to the Eligibility Requirements, the following categories of Personal Name Registrations may be registered: To the extent you opt to use.
This includes, but is not limited to the Acceptable Use Policy, available at http: Without prejudice to the foregoing, you undertake not to use. Users are not permitted to provide false names or in any other way to pose as somebody else when using. You further understand and agree that Registry Operator is at liberty to block your access to. You will be given prior warning of discontinuation of the.
Registry Operator reserves the right to immediately discontinue. Terms and Conditions applicable to. A "Defensive Registration" is a registration granted to a registrant which aims to prevent a third party from registering either i any variation of a trademark a Premium Defensive Registration , or ii an exact match of a trademark a Standard Defensive Registration , which registration will not resolve within the domain name system.
You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to the Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for the Defensive Registration.
Registry Operator may share such personal data with third parties that act as subcontractors to it for the purpose of this Agreement, and you agree that your personal data may be shared with the Registry Operator's subcontractors. You also agree that from time to time Registry Operator may share some of your personal data, such as your address and postcode, with third parties who are conducting, on behalf of Registry Operator, market analysis. 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 5 calendar days to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the publicly available Whois directory with respect to a Defensive Registration s concerning the accuracy of contact details associated with any such Defensive Registration s registered by or through you or your account shall constitute a breach of this Agreement.
This information includes the information provided at the time of registration, including: The provision of this data will be instrumental in the provision of the NameWatch service by Registry Operator, as NameWatch reports and requests for updates on registration information will be sent to you by email.
Any information collected by us concerning an identified or identifiable natural person "Personal Data" will be used in connection with the registration of your domain name s and for the purposes of this Agreement and as required or permitted by the Registry Operator's agreement with the Internet Corporation for Assigned Names and Numbers "ICANN" or an ICANN Policy.
Registry Operator may share your personal data with third parties that act as subcontractors to it for the purposes of this Agreement, and you agree that your personal data may be shared with Registry Operator's subcontractors.
You also agree that from time to time, Registry Operator may share some of your personal data, such as your address and postcode, with third parties who are conducting on behalf of Registry Operator, market analysis. Provision of Registration Data Provision of Registration Data As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. Such prices are subject to change from time to time by MarkMonitor.
Registrar Transfers You understand and acknowledge that the fees charged by MarkMonitor for a transfer of registrar or management may not include an extension of the ccTLD registration period and additional fees will apply for any ccTLD renewals. You agree that you will cooperate with MarkMonitor to provide such additional documentation as needed to process your ccTLD request. Delays in processing ccTLD Services Because many ccTLD registries do not have automated registration services, the processing of certain ccTLD requests may involve a manual process, which inevitably causes delays in completion of the work by MarkMonitor.
You acknowledge that some ccTLD requests may take several months to complete and that, in some circumstances, you may not qualify under the applicable rules of the applicable ccTLD Registry Operator for the requested ccTLD registration.
Links to the respective ccTLD policies that are currently available are set forth at the respective ccTLD websites as described on Attachment E-1 hereto. You agree to be bound by and comply with all applicable ccTLD registry policies for any ccTLDs managed by MarkMonitor, as such policies may be modified from time to time by the respective Registry Operators. Upon submission of a request to transfer a pending ccTLD registration, MarkMonitor is authorized to modify the billing information as appropriate to reflect MarkMonitor's current billing information.
Local Presence Services MarkMonitor has contracted with third parties to provide local contacts, and where appropriate, local presence services for its customers in an effort to assist its customers to qualify for certain ccTLDs. MarkMonitor 's services shall not be construed as including legal or tax advice with respect to the registration and management of any of your ccTLDS managed through MarkMonitor.
You are advised to seek international legal and tax advice pertaining to the utilization of any such local presence and local contact services. In some cases, utilization of local presence services may require that the WHOIS record for such ccTLD indicate that the local agent is the owner of such domain name.
By agreeing to utilize any such local presence or contact services, you agree that: Upon submitting a request for a Recovery Service an "Acquisition Order" , you grant MarkMonitor the specific authority as your agent to negotiate, execute, and deliver a contract of purchase of the Requested Domains within six 6 months from date of request for Recovery services, subject to the following terms and conditions: Services MarkMonitor agrees to provide DNS Services from time to time, on request, at MarkMonitor's standard prices or such other prices as may be contained in a written agreement between Customer and MarkMonitor.
After population, Customer may choose to test the DNS settings prior to changing name server records associated with the domains at the various Registries. However if Customer chooses to transfer such domains to MarkMonitor using the Registrar Transfer Service, MarkMonitor will modify the name servers for the domains at no additional charge. Even after MarkMonitor DNS becomes authoritative for the domains, it is recommended that the Customer not delete or deactivate its former DNS settings because caching and propagation delays may result in some DNS queries still directed to the old name servers for a period of time.
Usage Parameters Customer agrees that the usage parameters of the DNS Services specified by MarkMonitor, including those set forth in your Order, under this Agreement or otherwise, will not be exceeded. MarkMonitor reserves the right to monitor Customer's usage parameters, including but not limited to the number of domains, number of DNS host records and number of DNS queries "Service Usage".
Based on Customer's actual Service Usage as solely determined and measured by MarkMonitor in each one-month period during the term of this Agreement, MarkMonitor reserves the right to bill Customer in arrears for the DNS Services rendered above the allowed limits identified in the service package, including additional usage not paid for in advance.
Usage above Customer's service package subscription levels will be billed in accordance with the MarkMonitor' standard fees, or as otherwise set forth in Customer's written agreement with MarkMonitor. You represent and warrant that you have the necessary rights to use DNS Services to forward, point, alias, or resolve your domain name s or email to the other domain name or email address designated by you in ordering such services.
Customer is solely responsible for all content or information directly or indirectly delivered to or passed through the DNS Services. MarkMonitor reserves the right to suspend or terminate access to the Services upon notice to Customer of any misuse. Failure to correct any misuse and comply with the policy in this section may result in termination of all accounts with no refunds offered. Nothing in this Agreement grants Customer the right to re-sell, distribute or create derivative versions of the DNS Services, either directly or through a third party.
Indemnification Customer agrees to indemnify, defend and hold MarkMonitor harmless from and against any and all costs, liabilities, losses, and expenses including, but not limited to, reasonable attorneys' fees collectively, "Losses" resulting from or arising out of any claim, suit, action, or proceeding each, an "Action" brought against MarkMonitor, its affiliates or customers a alleging that Customer's data or web site infringes or misappropriates any intellectual property rights of a third party; b alleging that Customer's data or web site contains defamatory, libelous, slanderous, obscene or pornographic materials, or violates a third party's rights of privacy or publicity; c arising from a claim by Customer's users, or d any breach of Customer's obligations under this Exhibit.
JOBS Registry-Registrant Agreement accessible by the link above , the registrant eligibility requirements and the use restrictions. JOBS Procedures , and thatsuch. JOBS Procedures may be amended from time to time by the. Any additional or revised. Markmonitor shall have no liability to Customer for any modifications to the. JOBS domain and at all times during the existence of such domain name in the.
JOBS database, will comply with i the registrant eligibility requirements as provided by the Registry Operator and as modified from time to time which may be found by linking through here ; and ii the.
JOBS registry is intended for registration by members of the Society of Human Resource Management and other verified, eligible human resource professionals, and other persons as may be permitted in the discretion of the Registry Operator. The eligibility requirements for the Registry Operator may be found at http: Customer acknowledges and agrees that technical issues may arise related to the Registry-Registrar Protocol that are outside of the control of Markmonitor, and that Markmonitor shall have no liability to Customer in the event of such issues.
This indemnification obligation shall survive the expiration or earlier termination of this Agreement. JOBS registry may only be made from and to registrars that have been accredited by the Registry Operator.
Any other actual or attempted transfer may be a breach of this Agreement, the Registry-Registrant Agreement or the use restrictions imposed by the Registry Operator. Markmonitor shall have no liability to Customer if Customer, or any of its employees, directors or officers, affects or attempts to affect such a transfer.
TIME In the event of any dispute concerning the time of the entry of a domain name registration into the. JOBS database, the time shown in the. JOBS registry shall control. The rules for and other information related to the. The policies related to the. NZ domain may be amended from time to time, and can be found here: You agree that you have read and understood the current policies; 2.
NZ Services for a lawful purpose; 2. NZ Services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and 3. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
We may also charge for other services that you request in writing provided by us to you pursuant to that written request. We will tell you before any additional charge is incurred. This exclusion also applies for the benefit of: None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.
Where this clause applies, the maximum combined amount the persons specified above together will have to pay you and anyone else who uses the services we provide for you together is the amount of the last month's fee paid by you under this agreement. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise. To the extent legally permitted: We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.
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