Registration Agreement
1. IN THIS REGISTRATION AGREEMENT ("Agreement"), “Registrant”, "you" and "your" refers
to the Registrant of each domain name registration, "we", “us" and "our" refers
to mginternet.com, and “Services” refers to the domain
name registration services provided by us as offered through MGinternet.com,
the Registration Service Provider (“Reseller”). Any
reference to a “registry,” “Registry” or “Registry
Operator” shall refer to the registry administrator of the
applicable TLD or ccTLD. This Agreement explains our obligations
to you, and explains your obligations to us for the Services. 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 a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that
we cannot guarantee that you will obtain a desired domain name
registration, even if an inquiry indicates that a domain name is
available at the time of your application for same. You represent
that, to the best of the your knowledge and belief, neither the
registration of the domain name nor the manner in which it is directly
or indirectly to be used, infringes upon the legal rights of a
third party and further, that the domain name is not being registered
for nor shall it at any time whatsoever be used for any unlawful
purpose. During the period following registration of a domain name
and the appointment of active name servers, we may post a stagnant
web page and any revenues generated from same shall be for our
own account.
3. FEES. As consideration for the Services, you agree to pay Reseller
the applicable service(s) fees prior to the effectiveness of a
desired domain name registration or any renewal thereof. All fees
payable hereunder are non-refundable even if your domain name registration
is suspended, cancelled or transferred prior to the end of your
current registration term. As further consideration for the Services,
you agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process,
and (2) maintain and update this information as needed to keep
it current, complete and accurate. All such information shall be
referred to as account information ("Account Information").
You represent that the Account Information and all other statements
put forth in your application are true, complete and accurate.
Both mginternet.com and each registry reserves the right to terminate your
domain name registration if: (i) information provided by you or
your agent is false, inaccurate, incomplete, unreliable, misleading
or otherwise secretive; or (ii) you have failed to maintain, update
and keep your Account Information true, current, complete, accurate
and reliable. You acknowledge that a breach of this Section 3 will
constitute a material breach of our Agreement, which will entitle
either us or a registry to terminate this Agreement immediately
upon such breach without any refund and without notice to you.
4. TERM. This Agreement will remain in effect during the term
of your domain name registration as selected, recorded and paid
for at the time of registration or any renewal thereof. Should
the domain name be transferred to another registrar, the terms
and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice
of registering and administering domain names is constantly evolving;
therefore, you agree that mginternet.com may modify this Agreement, or
any other related and/or applicable agreement, as is necessary
to comply with its agreements with ICANN, a registry or any other
entity or individual, as well as to adjust to changing circumstances.
All amendments to this Agreement will be posted on our website.
Your continued use of the domain name registered to you will constitute
your acceptance of this Agreement with any revisions. If you do
not agree to any change, you may request that your domain name
registration be cancelled or transferred to a different accredited
registrar. You agree that such cancellation or request for transfer
will be your exclusive remedy if you do not wish to abide by any
change to this Agreement, or any other related and/or applicable
agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use the Account Identifier
and Password that you selected when you opened your account with
us. You agree to safeguard your Account Identifier and Password
from any unauthorized use. In no event shall we be liable for the
unauthorized use or misuse of your Account Identifier or Password.
7. NO GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection
to the registration, reservation or use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or
reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified in the dispute
policy adopted by the applicable registry. You agree that in the
event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions
contained in the applicable policy. If mginternet.com is notified that
a complaint has been filed with a judicial or administrative body
regarding your domain name, mginternet.com may, at its sole discretion,
suspend your ability to use your domain name or to make modifications
to your registration records until (i) mginternet.com is directed to do
so by the judicial or administrative body, or (ii) mginternet.com receives
notification by you and the other party contesting your domain
that the dispute has been settled. Furthermore, you agree that
if you are subject to litigation regarding your registration or
use of your domain name, mginternet.com may deposit control of your registration
record into the registry of the judicial body by supplying a party
with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant
to a mginternet.com, registry, ICANN or government-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with a
mginternet.com, registry, ICANN or government-adopted policy, (1) to correct
mistakes by us or a registry in registering the name or (2) for
the resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain name
to a third party you shall nonetheless be the domain name holder
of record and are therefore responsible for providing your own
full contact information and for providing and updating accurate
technical and administrative contact information adequate to facilitate
timely resolution of any problems that arise in connection with
the domain name. You shall accept liability for harm caused by
wrongful use of the domain name. You represent that you will secure
the agreement of any third party to the terms and conditions in
this Agreement
11. ANNOUNCEMENTS. We reserve the right to distribute information
to you that is pertinent to the quality or operation of our services
and those of our service partners. These announcements will be
predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security
or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for the initial registration of
your domain name. mginternet.com and its directors, employees, affiliates,
subsidiaries, agents and third party providers, ICANN and the applicable
registries shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability
to use any of the Services or for the cost of procurement of substitute
services. Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such states,
our liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited to:
(1) loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of God;
(4) loss or liability resulting from the unauthorized use or misuse
of your account identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information
or services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree that
we will not be liable for any loss of registration and use of your
domain name, or for interruption of business, or any indirect,
special, incidental, or consequential damages of any kind (including
lost profits) regardless of the form of action whether in contract,
tort (including negligence), or otherwise, even if we have been
advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold mginternet.com,
its contractors, agents, employees, officers, directors and affiliates,
ICANN, the applicable registries and their respective directors,
officers, employees, agents and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees, of third parties
arising out of or relating to the registration or use of the domain
name registered in your name, whether used by yourself, licensed
to a third party or pursuant to the Whois Privacy Service, including
without limitation infringement by you or a third party with access
to your Account Identifier and Password. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions
contained in the applicable Dispute Policy. When we are threatened
with suit by a third party, we may seek written assurances from
you concerning your promise to indemnify us; your failure to provide
those assurances may be considered by us to be a breach of your
Agreement and may result in the suspension or cancellation of your
domain name. This indemnification obligation will survive the termination
or expiration of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on the
Whois shall be the registered name holder. The person named as
Administrative contact at the time the controlling Account Identifier
and Password are secured, shall be deemed the designate of the
Registrant with the authority to manage the domain name. You agree
that prior to transferring ownership of your domain name to another
person (the “Transferee") you shall require the Transferee
to agree, in writing to be bound by all the terms and conditions
of this Agreement. If the Transferee fails to be bound in a reasonable
fashion (as determine by us in our sole discretion) to the terms
and conditions in this Agreement, any such transfer will be null
and void.
15. RENEWALS AND FORFEITURE. Domain names are registered for a
finite period of time. You will receive reminders immediately prior
to the expiration of your registration inviting you to renew your
domain name. In the event that you fail to renew your domain name
in a timely fashion, your registration will expire and we may,
at our discretion, elect to assume the registration and may hold
it for our own account, delete it or we may sell it to a third
party. You acknowledge and agree that your right and interest in
a domain name ceases upon its expiration and that any expired domain
name may be made available for registration by a third party.
If you fail to renew your registration, your domain name may cease
to resolve and visitors to your site may be redirected to a default
page informing them that the site is no longer in service. This
parked or default page may feature advertisements posted by us
for our own account.
If we have elected to renew the registration, you will be entitled
to a grace period during which you may re-register the domain name
from us. Additional costs may apply. During this grace period,
we may post a parked page and/or may revise the “Whois” registration
records to include either our information or that of your Reseller.
The domain name may also be listed for auction. If the name is
sold during any such auction, it will be acquired by a third party
on a provisional basis and will remain available for re-registration
by you during our stated grace period. If you do not re-register
the domain name during the grace period, the auction sale will
be concluded and you will receive a share of the proceeds received
from the new registrant. mginternet.com will send an email to the last
address you have provided advising you of the sale and your interest
in same. At present, we agree to pay you forty (40) per cent of
the net proceeds of any such auction. You will have one (1) year
following the issue of the email to claim your share of the proceeds.
Any amounts not claimed within one (1) year will be deemed to have
been abandoned by you and will be deposited by us for our own account.
If you fail to renew your domain name registration during the
grace period, you acknowledge that you have abandoned the domain
name and that it is available for sale and registration by any
third party.
16. BREACH. You agree that failure to abide by any provision of
this Agreement, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach
and that we may provide a written notice, describing the breach,
to you. If within thirty (30) calendar days of the date of such
notice, you fail to provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations under the Agreement,
then we may delete the registration or reservation of your domain
name. Any such breach by you shall not be deemed to be excused
simply because we did not act earlier in response to that, or any
other breach by you.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services
is solely at your own risk. You agree that such Service(s) is provided
on an "as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied,
including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make
no warranty that the Services will meet your requirements, or that
the Service(s) will be uninterrupted, timely, secure, or error
free; nor do we make any warranty as to the results that may be
obtained from the use of the Service(s) or as to the accuracy or
reliability of any information obtained through the Service or
that defects in the Service will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained
through the use of Service is done at your own discretion and risk
and that you will be solely responsible for any damage to your
computer system or loss of data that results from the download
of such material and/or data. We make no warranty regarding any
goods or services purchased or obtained through the Service or
any transactions entered into through the Service. No advice or
information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made
herein.
18. INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us promptly
as such information changes such that our records are current,
complete and accurate. You are obliged to provide us the following
information:
(a) your name and postal address (or, if different, that of the
domain name holder);
(b) the domain name being registered;
(c) the name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the administrative contact
for the domain name;
(d) the name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the billing contact for the
domain name; and
(e) the name, postal address, e-mail address, and voice and fax
(if available) telephone numbers of the technical contact for the
domain name.
Any voluntary information we request is collected in order that
we can continue to improve the products and services offered to
you through your Reseller.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name registration information
you provide available to ICANN, to the registry administrators,
law enforcement agencies and to other third parties as applicable.
You further agree and acknowledge that we may make publicly available,
or directly available to third party vendors, some or all, of the
domain name registration information you provide, for purposes
of inspection (such as through our Whois service) or other purposes
as required or permitted by ICANN and applicable laws.
(a) 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 (including any updates to such information), whether
during or after the term of your registration of the domain name.
You hereby irrevocably waive any and all claims and causes of action
you may have arising from such disclosure or use of your domain
name registration information by us.
(b) You may access your domain name registration information in
our possession to review, modify or update such information, by
accessing our domain manager service, or similar service, made
available by us through your Reseller.
(c) We will not process or maintain data about any identified or
identifiable natural person that we obtain from you in a way incompatible
with the purposes and other limitations which we describe in this
Agreement.
(d) We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized disclosure,
alteration or destruction of that information.
20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update
information provided to us, or any failure to respond to inquiries
by us addressed to the email address of the registrant, the administrative,
billing or technical contact appearing in the Whois directory
with respect to a domain name concerning the accuracy of contact
details associated with the registration shall constitute a material
breach of this Agreement and be a basis for cancellation of the
domain name registration. 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 ICANN or an applicable registry
policy.
21. REVOCATION. We, in our sole discretion, reserve the right
to deny, cancel, suspend, transfer or modify any domain name registration
to correct a mistake, protect the integrity and stability of the
company and any applicable 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. You agree that we shall not be
liable to you for loss or damages that may result from our refusal
to register or cancel, suspend, transfer or modify your domain
name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that
this Agreement may be inconsistent with any term, condition, policy
or procedure of an applicable registry, the term, condition, policy
or procedure of the applicable registry shall prevail.
23. NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us
of a breach of any provision hereof be taken or held to be a waiver
of the provision itself.
24. NOTICES. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending it
via e-mail or via regular mail. In the case of e-mail, valid notice
shall only have been deemed to be given when an electronic confirmation
of delivery has been obtained by the sender. E-mail notification
to mginternet.com must be sent to lhutz@mginternet.com.com. Any notice to you will
be sent to the e-mail address provided by you in your Whois record.
Any e-mail communication shall be deemed to have been validly and
effectively given on the date of such communication, if such date
is a business day and such delivery was made prior to 4:00 p.m.
EST, otherwise it will be deemed to have been delivered on the
next business day. In the case of regular mail notice, valid notice
shall be deemed to have been validly and effectively given five
(5) business days after the date of mailing Postal notices to mginternet.com
shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address
specified in the “Administrative Contact” in your Whois
record.
25. ENTIRETY. You agree that this Agreement, the applicable dispute
policy and the rules and policies published by mginternet.com and any applicable
registry or other governing authority, are the complete and exclusive
agreement between you and us regarding our Services.
26. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO
AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE
TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS
AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT
TO THE JURISDICTION OF SUCH COURTS.
27. INFANCY. You attest that you are of legal age to enter into
this Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we nor
the applicable registry shall be responsible for any failures or
delays in performing our respective obligations hereunder arising
from any cause beyond our reasonable control, including but not
limited to, acts of God, acts of civil or military authority, fires,
wars, riots, earthquakes, storms, typhoons and floods.
29. PRIVACY. Information collected about you is subject to the
terms of mginternet.com’ privacy policy, the terms of which are hereby
incorporated by reference. mginternet.com’ privacy policy can be
found at: http://www.mginternet.com.com/privacy.html
30. CONTROLLING LANGUAGE. In the event that you are reading this
Agreement in a language other than the English language, you acknowledge
and agree that the English language version hereof shall prevail
in case of inconsistency or contradiction in interpretation or
translation.
31. TLD’S. The following additional provisions apply to
any domain names that you register through mginternet.com with the various
registries:
(a) .com/net Domains: In the case of a “.com” or “.net” registration,
the following terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these policies
are subject to modification;
(ii) For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s
domicile, and (2) where mginternet.com is located, presently Toronto, Ontario.
(b) .org Domains: In the case of a “.org” registration, the following
terms and conditions will apply:
(i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Dom ain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies
are subject to modification;
(ii) For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s
domicile, and (2) where mginternet.com is located, presently Toronto, Ontario.
(c) .info Domains: In the case of a “.info” registration, the following
terms and conditions will apply:
(i) Registrant’s Personal Data. You consent to the use, copying, distribution,
publication, modification, and other processing of Registrant’s personal
data by Afilias, the .INFO registry, and its designees and agents, in a manner
consistent with the purposes specified pursuant to its contract;
(ii) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These policies
are subject to modification;
(iii) For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s
domicile, and (2) where mginternet.com is located, presently Toronto, Ontario;
(iv) Reservation of Rights. mginternet.com and Afilias expressly reserve the right
to deny, cancel, transfer, or modify any registration that either registrar
or Afilias deems necessary, at its discretion, to protect the integrity and
stability of the registry, to comply with any applicable law, any government
rule or requirement, any request of law enforcement, any dispute resolution
process, or to avoid any liability, civil or criminal, on the part of the registrar
and/or Afilias, as well as their affiliates, subsidiaries, executives, directors,
officers, managers, employees, consultants, and agents. The registrar and Afilias
also reserve the right to suspend a domain name or its registration data during
resolution of a dispute.
(d) .biz Domains. In the case of a “.biz” registration, the following
terms and conditions will apply:
(i) .biz Restrictions. Registrations in the .biz top-level domain must be used
or intended to be used primarily for bona fide business or commercial purposes.
For the purposes of the .biz registration restrictions, “bona fide business
or commercial use” shall mean the bona fide use or bona fide intent to
use the domain name or any content, software, materials, graphics or other
information thereon, to permit Internet users to access one or more host computers
through the DNS:
(A) to exchange goods, services, or property of any kind;
(B) in the ordinary course of 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.
For more information on the .biz restrictions, which are incorporated herein
by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
(ii) Selection of a Domain Name. You represent that:
(A) the data provided in the domain name registration application is true,
correct, up to date and complete, and that you will continue to keep all of
the information provided correct, up-to-date and complete;
(B) to the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third party;
(C) that the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(D) the registered domain name will be used primarily for bona fide business
or commercial purposes and not (a) exclusively for personal use, or (b) solely
for the purposes of (1) selling, trading or leasing the domain name for compensation,
or (2) the unsolicited offering to sell, trade or lease the domain name for
compensation;
(E) you have the authority to enter into this Registration Agreement; and
(F) the registered domain name is reasonably related to your business or intended
commercial purpose at the time of registration.
(iii) Provision of Registration Data. As part of the registration process,
you are required to provide us with certain information and to keep the information
true, current, complete, and accurate at all times. The information includes
the following:
(A) your full name;
(B) your postal address;
(C) your e-mail address;
(D) your voice telephone number;
(E) your fax number (if applicable);
(F) the name of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation;
(G) the IP addresses of the primary nameserver and any secondary nameserver
for the domain name;
(H) the corresponding names of the primary and secondary nameservers;
(I) the full name, postal address, e-mail address, voice telephone number,
and, when available, fax number of the administrative, technical, and billing
contacts, and the name holder for the domain name; and
(J) any remark concerning the domain name that should appear in the Whois directory.
(K) You agree and understand that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by ICANN and/or
registry policies, and may be sold in bulk in accordance with the ICANN agreement.
(iv) Domain Name Disputes. You acknowledge having read and understood and agree
to be bound by the terms and conditions of the following documents, as they
may be amended from time to time, which are hereby incorporated and made an
integral part of this Agreement:
(A) The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy),
available at: http://www.icann.org/dndr/udrp/policy.htm;
(B) The Restrictions Dispute Resolution Criteria and Rules (“RDRP”),
available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, the “Dispute Policies”).
(v) The Dispute Policy sets forth the terms and conditions in connection with
a dispute between a Registrant and any party other than the Registry or Registrar
over the registration and use of an Internet domain name registered by Registrant.
(vi) The RDRP sets forth the terms under which any allegation that a domain
name is not used primarily for business or commercial purposes shall be endorsed
on a case-by-case, fact specific basis by an independent ICANN-accredited dispute
provider.
(vii) For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s
domicile, and (2) where mginternet.com is located, presently Toronto, Ontario.
(e) .name Domains. In the case of a “.name” registration, the following
terms and conditions will apply:
(i) .name Restrictions. Registrations in the .name top-level domain must constitute
an individual’s “Personal Name”. For purposes of the .name
restrictions (the “Restrictions”), a “Personal Name” is
a person’s legal name, or a name by which the person is commonly known.
A “name by which a person is commonly known” includes, without
limitation, a pseudonym used by an author or painter, or a stage name used
by a singer or actor.
(ii) .name Representations. As a .name domain name registrant, you hereby represent
that:
(A) the registered domain name or second level domain (“SLD”) e-mail
address is your Personal Name.
(B) the data provided in the domain name registration application is true,
correct, up to date and complete and that you will continue to keep all of
the information provided correct, current and complete,
(C) to the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third party;
(D) that the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(E) the registration satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and
(F) you have the authority to enter into this Registration Agreement.
(iii) E-mail Forwarding Services. The Services for which you have registered
may, at your option, include e-mail forwarding. To the extent you opt to use
e-mail forwarding, you are obliged to do so in accordance with all applicable
legislation and are responsible for all use of e-mail forwarding, including
the content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content of and
to comply with the generally accepted rules for Internet and e-mail
usage. This includes, but is not limited to the Acceptable Use
Policy, available at http://www.nic.name/downloads/aup.pdf as well
as the following restrictions. Without prejudice to the foregoing,
you undertake not to use e-mail forwarding:
(A) to encourage, allow or participate in any form of illegal or unsuitable
activity, including but not restricted to the exchange of threatening, obscene
or offensive messages, spreading computer viruses, breach of copyright and/or
proprietary rights or publishing defamatory material;
(B) to gain illegal access to systems or networks by unauthorized access to
or use of the data in systems or networks, including all attempts at guessing
passwords, checking or testing the vulnerability of a system or network or
breaching the security or access control without the sufficient approval of
the owner of the system or network;
(C) to interrupt data traffic to other users, servers or networks, including,
but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks,
wilful attempts to overload another system or other forms of harassment; or
(D) for spamming, which includes, but is not restricted to, the mass mailing
of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists)
which include persons who have not specifically given their consent to be placed
on such distribution list. Users are not permitted to provide false names or
in any other way to pose as somebody else when using e-mail forwarding.
(iv) Registry reserves the right to implement additional anti-spam measures,
to block spam or mail from systems with a history of abuse from entering Registry’s
e-mail forwarding. However, due to the nature of such systems, which actively
block messages, Registry shall make public any decision to implement such systems
a reasonable time in advance, so as to allow you or us to give feedback on
the decision.
(v) You understand and agree that Registry may delete material that does not
conform to clause (c) above or that in some other way constitutes a misuse
of e-mail forwarding. You further understand and agree that Registry is at
liberty to block your access to e-mail forwarding if you use e-mail forwarding
in a way that contravenes this Agreement. You will be given prior warning of
discontinuation of the e-mail forwarding unless it would damage the reputation
of Registry or jeopardize the security of Registry or others to do so. Registry
reserves the right to immediately discontinue e-mail forwarding without notice
if the technical stability of e-mail forwarding is threatened in any way, or
if you are in breach of this Agreement. On discontinuing e-mail forwarding,
Registry is not obliged to store any contents or to forward unsent e-mail to
you or a third party.
(vi) You understand and agree that to the extent either we and/or Registry
is required by law to disclose certain information or material in connection
with your e-mail forwarding, either we and/or Registry will do so in accordance
with such requirement and without notice to you.
(vii) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the dispute policy that is incorporated herein and made
a part of this Agreement by reference. 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.
(A) the Eligibility Requirements (the “Eligibility Requirements”),
available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
(B) the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”),
available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm;
and
(C) the Uniform Domain Name Dispute Resolution Policy (the “UDRP”),
available at: http://www.icann.org/dndr/udrp/policy.htm.
(viii) The Eligibility Requirements dictate that Personal Name domain names
and Personal Name SLD e-mail addresses will be granted on a first-come, first-served
basis. The following categories of Personal Name Registrations may be registered:
(i) the Personal Name of an individual; (ii) the Personal Name of a fictional
character, if you have trademark or service make rights in that character’s
Personal Name; (iii) in addition to a Personal Name registration, you may add
numeric characters to the beginning or the end of the Personal Name so as to
differentiate it from other Personal Names.
(ix) The ERDRP applies to challenges to (i) registered domain names and SLD
e-mail address registrations within .name on the grounds that a Registrant
does not meet the Eligibility Requirements, and (ii) to Defensive Registrations
(as defined by the Registry) within .name.
(x) The UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and party other than the Registry or mginternet.com over the registration
and use of an Internet domain name registered by a Registrant.
(xi) For the adjudication of disputes concerning or arising from use of the
domain name, the Registrant shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s
domicile, and (2) where mginternet.com is located, presently Toronto, Ontario.
32. ccTLD’S (a) .at Domains. In the case of a “.at” registration,
the following terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand that by accepting the terms
and conditions of this agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/.
You are responsible for monitoring the Registry’s site on a regular basis.
In the event that you do not wish to be bound by a revision or modification
to any Registry policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation.
(b) .be Domains. In the case of a “.be” registration, the following
terms and conditions will apply:
(i) Registry Policy. You acknowledge and understand that by accepting the terms
and conditions of this agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.dns.be/en/home.php?n=51. You are
responsible for monitoring the Registry’s site on a regular basis. In
the event that you do not wish to be bound by a revision or modification to
any Registry policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the .be Dispute Policy that is incorporated herein and
made a part of this Agreement by reference. The current version of the Dispute
Policy may be found at http://www.dns.be/en/home.php?n=53.
(c) .ca Domains. In the case of a “.ca” registration, the following
terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy, which is incorporated herein and made
a part of this Agreement by reference. The current version of the Dispute Policy
may be found at http://www.cira.ca/en/cat_Dpr.html. Please take the time to
familiarize yourself with this policy.
(ii) Registry Policy. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to any Registry-adopted
policy, or pursuant to any registrar or registry procedure not inconsistent
with a Registry adopted policy, (1) to correct mistakes by mginternet.com or the Registry
in registering the name or (2) for the resolution of disputes concerning the
domain name.
(iii) Transfer of Ownership. Any transfer of ownership in and to a domain name
registration shall be affected in accordance with registry policies and procedures.
(iv) Registry Agreement and Policy. You acknowledge and understand that by
accepting the terms and conditions of this agreement you shall be bound by
the Registry’s Registrant Agreement, the Registry’s policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.cira.ca/en/doc_Registrar.html.
You are responsible for monitoring the Registry’s site on a regular basis.
In the event that you do not wish to be bound by a revision or modification
to any Registry agreement or policy, your sole remedy is to cancel your domain
name registration by following the appropriate Registry policy regarding such
cancellation.
(v) You acknowledge and agree that the Registry shall not be liable to you
for any loss, damage, or expense arising out of the Registry’s failure
or refusal to register a domain name, it’s failure or refusal to renew
a domain name registration, it’s registration of a domain name, it’s
failure or refusal to renew a domain name registration, it’s renewal
of a domain name registration, it’s failure or refusal to transfer a
domain name registration, it’s transfer of a domain name registration,
it’s failure or refusal to maintain or modify a domain name registration,
it’s maintenance of a domain name registration, it’s modification
of a domain name registration, it’s failure to cancel a domain name registration
or it’s cancellation of a domain name registration from the Registry;
(d) .cc Domains. In the case of a “.cc” registration, the following
terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy that is incorporated herein and made
a part of this Agreement by reference. The current version of the Dispute Policy
may be found at http://www.nic.cc/policies/dispute.html. Please take the time
to familiarize yourself with this policy.
(ii) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and which
are posted on the Registry website at: http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
You are responsible for monitoring the Registry’s site on a regular basis.
In the event that you do not wish to be bound by a revision or modification
to any Registry policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation.
(e) .ch Domains. In the case of a “.ch” registration, the following
terms and conditions shall apply:
(i) Registry Policy. You acknowledge and understand that by accepting the terms
and conditions of this agreement you shall be bound by Registry policies and
any pertinent rules or policies that exist now or in the future and which are
posted on the Registry website at http://www.switch.ch/id/terms. You are responsible
for monitoring the Registry’s site on a regular basis. In the event that
you do not wish to be bound by a revision or modification to any Registry policy,
your sole remedy is to cancel your domain name registration by following the
appropriate Registry policy regarding such cancellation.
(ii) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the .ch Dispute Policy that is incorporated herein and
made a part of this Agreement by reference. The current version of the Dispute
Policy may be found at http://www.switch.ch/id/disputes/rules. Please take
the time to familiarize yourself with this policy.
(f) .cn Domains. In the case of a “.cn” registration, the following
terms and conditions shall apply:
(i) “Registry” means the China Internet Network Information Center,
which is the authority responsible for the administration of the national top-level
domain of the People’s Republic of China and the Chinese domain name
system;
(ii) “Registry Gateway” means the service provided by the Registry
Operator that facilitates the registration of .cn domain names by registrars
operating outside of the People’s Republic of China;
(iii) “Registry Operator“ means Neustar, Inc., the company authorized
to facilitate the registration of .cn domain names by registrars operating
outside of the People’s Republic of China.
(iv) Restrictions. You agree that you shall not register or use a domain name
that is deemed by CNNIC to:
(A) be against the basic principles prescribed in the Constitution of the Peoples
Republic of China (“PRC”);
(B) jeopardize national security, leak state secrets, intend to overturn the
government or disrupt the integrity of the PRC;
(C) harm national honour and national interests of the PRC;
(D) instigate hostility or discrimination between different nationalities or
disrupt the national solidarity of the PRC;
(E) spread rumours, disturb public order or disrupt social stability of the
PRC;
(F) spread pornography, obscenity, gambling, violence, homicide, terror or
instigate crimes in the PRC;
(G) insult, libel against others and infringe other people’s legal rights
and interests in the PRC; or
(H) take any other action prohibited in laws, rules and administrative regulations
of the PRC.
(v) Business or Organization Representation. .cn domain name registrations
are intended for businesses and organizations and not for individual use. By
registering a .cn name, you accordingly represent that you have registered
the domain name on behalf or a business or organization. It should be noted
that, although .cn policy is permissive in terms of registration, and enforcement
is generally in reaction to a complaint (as opposed to proactive review), registrations
that are not associated with an organization or business may be subject to
deletion. The foregoing prevents an individual from registering a .cn domain
name for a business operating as a sole proprietorship.
(vi) Domain Name Disputes. You acknowledge having read and understood and agree
to be bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules
for CNNIC Dispute Resolution Policy (“Dispute Policy”), as they
may be amended from time to time, which are hereby incorporated and made an
integral part of this Agreement. The Dispute Policy is currently found at:
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.
(vii) You acknowledge that, pursuant to the Dispute Policy, Registrars must
comply with all reasonable requests from the applicable domain name dispute
resolution institutions including the provision of all relevant evidence in
any domain name disputes in the specified time frames.
(viii) If we are notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration services,
you agree not to make any changes to your domain name record without our prior
approval. We may not allow you to make changes to such domain name record until
(i) we are directed to do so by the judicial or administrative body, or (ii)
we receive notification by you and the other party contesting your registration
and use of our domain name registration services that the dispute has been
settled. Furthermore, you agree that if you are subject to litigation regarding
your registration and use of our domain name registration services, we may
deposit control of your domain name record into the registry of the judicial
body by supplying a party with a registrar certificate from us.
(ix) Adherence to Policies. You agree to comply with all applicable laws, regulations
and policies of the Peoples Republic of China’s governmental agencies
and the China Internet Network Information Centre (“CNNIC”), including
but not limited to the following rules and regulations:
(A) Provisional Administrative Rules for Registration of Domain Names in China
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm);
(B) Detailed Implementation Rules for Registration of Domain Names in China
(currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm);
(C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm);
and
(D) CNNIC Implementing Rules of Domain Name Registration (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).
You acknowledge that you have read and understood and agree to be bound by
the terms and conditions of the policies of the CNNIC, as they may be amended
from time to time.
(x) Suspension and Cancellation. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant to
any mginternet.com, Registry Operator, CNNIC or government-adopted policy, or pursuant
to any registrar or registry procedure not inconsistent with a CNNIC or government-adopted
policy, (1) to correct mistakes by a party in registering the name, (2) for
the resolution of disputes concerning the domain name, (3) to protect the integrity
and stability of the registry, (4) to comply with any applicable laws, government
rules or requirements, requests of aw enforcement, (5) to avoid any liability,
civil or criminal, on the part of mginternet.com, Registry Operator or CNNIC, as well
as their affiliates, subsidiaries, directors, representatives, employees and
stockholders or (6) for violations of this Agreement. mginternet.com, Registry Operator
and CNNIC also reserve the right to “freeze” a domain name during
the resolution of a dispute.
(xi) Jurisdiction. For the adjudication of disputes concerning or arising from
use of the domain name, the Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts (1)
of the Registrant’s domicile, (2) where mginternet.com is located, and (3) the
People’s Republic of China.
(xii) Governing Law. For the adjudication of a dispute concerning or arising
from use of a .cn domain, such dispute will be governed under the Laws of the
Peoples Republic of China.
(g) .de Domains. In the case of a “.de” registration, the following
terms and conditions will apply:
(i) Selection of a Domain Name. You represent that:
(A) you have reviewed and have accepted the Registry’s Terms and Conditions
and the Registry’s Guidelines and have provided your Reseller with written
confirmation of same;you have reviewed and have accepted the Registry’s
Terms and Conditions and the Registry’s Guidelines and have provided
your Reseller with written confirmation of same;
(B) either you, or the person designated as the administrative contact for
the domain name, shall be resident or shall have a branch in Germany;
(C) to the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third party and, further, that the
domain name is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever.
(ii) Domain Name Disputes. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject to
the provisions specified by the Registry or any court of law. You agree that
in the event a domain name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions specified by the
Registry or any court of law.
(iii) Registry Policies. You agree to be bound by the Registry’s Registration
Terms and Conditions and the Registration Guidelines. English language translations
of the Registry’s documents are provided for convenience; in the event
of a discrepancy between the English and the German language agreements, the
terms of the German agreement will prevail. The Registry documents may be found
at:
English: (A) Registration Terms and Conditions
http://www.denic.de/en/bedingungen.html
(B) Registration Guidelines
http://www.denic.de/en/richtlinien.html
German:
(C) DENIC-Registrierungsbedingungen
http://www.denic.de/de/bedingungen.html
(D) DENIC-Registrierungsrichtlinien
http://www.denic.de/de/richtlinien.html
(h) .eu domains. In the case of a “.eu” registration,
the following terms and conditions will apply:
(i) Eligibility Criteria. .eu domain names are available for registration to
companies and persons who fulfill the following criteria. As a condition of
registration, you accordingly represent that you are:
(A) an undertaking having its registered office, central administration or
principal place of business within the European Community;
(B) an organization established within the European Community without prejudice
to the application of national law, or
(C) a natural person resident within the European Community.
(ii) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and which
are posted on the Registry website. Registration policies of the Registry and
the terms and conditions applicable to your .eu registration may be found at:
http://www.eurid.eu/en/general/launch. You are responsible for monitoring the
Registry’s site on a regular basis. In the event that you do not wish
to be bound by a revision or modification to any Registry policy, your sole
remedy is to cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation.
(iii) Domain Name Disputes. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject to
the provisions specified by the Registry or any court of law.
(iv) Sunrise and General Pre-registration Applications. You acknowledge that
the submission of a “Sunrise” or a “General Pre-registration
Application” does not ensure the registration of the domain name. In
the event that your application does not result in a domain name registration,
a portion of the registration fee shall be refunded after the deduction of
a handling fee, which fee shall be subject to change based on fluctuations
in the exchange rates of the US dollar and Euro. You agree that your sunrise
application shall be subject to the pre-registration policies found at: http://www.eurid.eu/en/general/launch.
(i) .fr Domains. In the case of a “.fr” registration, the following
terms and conditions will apply:
(i) Representation of Registrant. .fr domain names are available for registration
to companies and persons who fulfill the following criteria. As a condition
of registration, you accordingly represent that you are:
(A) A legal entity:
(I) whose head office is in France; (or),
(II) which possess an address in France which is expressly listed in the public
electronic databases of the registrars of the commercial courts or the National
Statistical and Economic Studies Institute (INSEE), (or),
(III) State institutions or departments, local authorities or associated establishments,
(or),
(IV) which own a trademark registered with the National Intellectual Property
Institute or own a registered EU or international trademark which expressly
includes French territory.
(ii) Administrative Contact. Each registrant must designate an administrative
contact to act as a coordinator between the registrant and the Registry. In
the case of .fr registrations, the administrative contact must be based in
France where it can receive legal and other documents.
(iii) Registry Policies. You agree to be bound by the Registry’s Naming
Charter, its registration rules for .fr. English language translations of the
Registry’s documents are provided for convenience. The Registry documents
may be found at: www.afnic.fr/obtenir/chartes/nommage-fr.
(iv) Domain Name Disputes. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject to
the provisions specified by the Registry or any court of law. The current .fr
dispute resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl.
You agree that in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms and conditions
specified by the Registry or any court of law.
(j) .it Domains. In the case of a “it” registration, the following
terms and conditions shall apply:
(i) Registration Criteria. Registration of an .it name is restricted to subjects
belonging to a member state of the European Union. Individuals and associations
operating without a VAT number or a fiscal code are limited to a single domain
name registration.
(ii) Registry Policy. You acknowledge and understand that by accepting the
terms and conditions of this agreement you shall be bound by Registry policies
and any pertinent rules or policies that exist now or in the future and which
are posted on the Registry website at http://www.nic.it/NA/regole-naming-curr-engl.txt.
You are responsible for monitoring the Registry’s site on a regular basis.
In the event that you do not wish to be bound by a revision or modification
to any Registry policy, your sole remedy is to cancel your domain name registration
by following the appropriate Registry policy regarding such cancellation. Additional
policies, including transfer procedures and “netiquette” rules
may be found at http://www.nic.it/NA/index-engl.html.
(k) .nl Domains. In the case of a “.nl” registration, the following
terms and conditions shall apply:
(i) Registration Criteria. Registration of a .nl domain name is unrestricted
save and except that applicants who are not based in the Netherlands or who
do not have a registered address in the Netherlands must provide an address
in the Netherlands where written documents can be sent to the applicant and
where legal summonses can be served.
(ii) Registry Policies. You agree to be bound by the policies of the Registry
including but not limited to the Registry’s Registration Regulations.
English language translations of the Registry’s documents are provided
for convenience and may be found at: http://www.sidn.nl/ace.php/c,728,2679,,,,Regulations_for_registration_of_nl_domain_names.html.
You agree that, if the registration or reservation of your domain name is challenged
by a third party, you will be subject to the provisions specified by the Registry
or any court of law. The current .nl dispute resolution policy and procedures
can be found at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
You agree that in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms and conditions
specified by the Registry or any court of law.
(l) .tv Domains. In the case of a “.tv” registration, the following
terms and conditions will apply:
(i) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another Registrar, you
agree to be bound by the Dispute Policy that is incorporated herein and made
a part of this Agreement by reference. The current version of the Dispute Policy
may be found at http://www.icann.org/dndr/udrp/policy.htm. Please take the
time to familiarize yourself with this policy.
(ii) Policy . You agree that your registration of the .tv domain name shall
be subject to suspension, cancellation, or transfer pursuant to any ICANN or
government adopted policy, or pursuant to any Registrar or registry procedure
not inconsistent with an ICANN or government-adopted policy, (1) to correct
mistakes by us or the applicable Registry in registering the name or (2) for
the resolution of disputes concerning the domain name. You acknowledge that
you have reviewed the .tv General Terms of Service which may be found at: http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml
and expressly agree to the terms outlined therein.
(m) .uk Domains. In the case of a .uk registration, the following terms and
conditions will apply:
(i) “Nominet UK” means the entity granted the exclusive right to
administer the registry for .uk domain name registrations.
(ii) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy which is incorporated herein and made
a part of this Agreement by reference. The current version of the Dispute Policy
may be found at: http://www.nominet.org.uk/disputes/drs/policy/. Please take
the time to familiarize yourself with this policy.
(iii) Nominet UK Policy. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to any Nominet
UK-adopted policy, term or condition, or pursuant to any registrar or registry
procedure not inconsistent with an Nominet UK-adopted policy, (1) to correct
mistakes by a registrar or the registry in registering the name, or (2) for
the resolution of disputes concerning the domain name. The current Nominet
UK terms and conditions can be found at: http://www.nominet.org.uk/registrants/legal/terms/.
When you submit a request for a domain name registration with
mginternet.com and/or Reseller, you will be entering into two contracts – one
contract with mginternet.com and/or Reseller and one contract with Nominet
UK.
mginternet.com and your Reseller will act as agents on your behalf by
submitting your application to Nominet for you, however, you will
still be entering into a direct contract between you and Nominet
UK. This is a separate contract from this agreement; may be found
at http://resellers.mginternet.com.com/contracts/uk/ukterms. mginternet.com and
Reseller must also make you aware that by accepting Nominet’s
terms and conditions you are consenting to Nominet using your personal
data for a variety of reasons. In particular, your name and address
may be published as part of Nominet’s Whois look-up service.
(iv) Transfer of Ownership. Any transfer of ownership in and to
a domain name registration shall be affected in accordance with
Nominet UK policies and procedures.
(n) .us Domains. In the case of a “.us” registration,
the following terms and conditions will apply:
(i) “DOC” means the United States of America Department of Commerce.
(ii) “.us Nexus Requirement”. Only those individuals or organizations
that have a substantive lawful connection in the United States are permitted
to register for .usTLD domain names. Registrants in the .usTLD must satisfy
the nexus requirement (“Nexus” or “Nexus Requirements”)
set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
(iii) Selection of a Domain Name. You certify and represent that:
(A) You have and shall continue to have, a bona fide presence in the United
States on the basis of real and substantial lawful contacts with, or lawful
activities in, the United States as defined in Section (ii) hereinabove;
(B) The listed name servers are located within the United States;
(C) The data provided in the domain name registration application is true,
correct, up to date and complete, and that you will continue to keep all of
the information provided correct, up-to-date and complete;
(D) To the best of the your knowledge and belief, neither this registration
of a domain name nor the manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third party;
(E) That the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever;
(E) You have the authority to enter into this Registration Agreement.
(iv) Domain Name Dispute Policy. If you reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you
agree to be bound by the Dispute Policy and the usDRP, as defined below, that
is incorporated herein and made a part of this Agreement by reference. Please
take the time to familiarize yourself with these policies.
(v) Domain Name Disputes. You acknowledge having read and understood and agree
to be bound by the terms and conditions of the following documents, as they
may be amended from time to time, which are hereby incorporated and made an
integral part of this Agreement:
(A) The Nexus Dispute Policy (“Dispute Policy), available at: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
The Dispute Policy will provide interested parties with an opportunity to challenge
a registration not complying with the Nexus Requirements.
(B) The usTLD Dispute Resolution Policy (“usDRP”) available at:
http://www.neustar.us/policies/docs/usdrp.pdf. The usDRP is intended to provide
interested parties with an opportunity to challenge a registration based on
alleged trademark infringement.
(C) In addition to the foregoing, you agree that, for the adjudication of disputes
concerning or arising from use of the Registered Name, you shall submit, without
prejudice to other potentially applicable jurisdictions, to the jurisdiction
of the courts (i) of your domicile, (ii) where mginternet.com is located, and (iii)
the United States.
(vi) Policy. You agree that your registration of the domain name shall be subject
to suspension, cancellation, or transfer pursuant to any mginternet.com, Registry Operator,
the DOC or government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a DOC or government-adopted policy, (1) to
correct mistakes by us or the applicable Registry in registering the name or
(2) for the resolution of disputes concerning the domain name. The Registry
Operator’s policies can be found at http://www.neustar.us/policies.
(vii) Indemnity. The DOC shall be added to the parties you have agreed to indemnify
in Section 13 hereinabove.
(viii) Information. As part of the registration process, you are required to
provide us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate. You are obliged
to provide us the following information:
(A) Your full name, postal address, e-mail address and telephone number and
fax number (if available) (or, if different, that of the domain name holder);
(B) The domain name being registered;
(C) The name, postal address, e-mail address, and telephone number and fax
number (if available) telephone numbers of the administrative contact, the
technical contact and the billing contact for the domain name;
(D) The IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name;
(ix) In addition to the foregoing, you will be required to provide additional
Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
Any other information, which we request from you at registration,
is voluntary. Any voluntary information we request is collected
for the purpose of improving the products and services offered
to you through your Reseller.
(x) Disclosure and Use of the Registration Information. You agree
and acknowledge that we will make domain name registration information
you provide available to the DOC, to the Registry Operator, and
to other third parties as applicable. You further agree and acknowledge
that we may make publicly available, or directly available to third
party vendors, some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through our Whois
service) or other purposes as required or permitted by the DOC
and applicable laws.
You hereby consent to any and all such disclosures and use of information provided
by you in connection with the registration of a domain name (including any
updates to such information), whether during or after the term of your registration
of the domain name. You hereby irrevocably waive any and all claims and causes
of action you may have arising from such disclosure or use of your domain name
registration information by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available
by us through your Reseller.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible with
the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information
we obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
33. WHOIS PRIVACY SERVICE. The following terms and conditions will
apply if you subscribe to the Whois Privacy Service: (a) Subscribers
to the Whois Privacy Service have elected to include the following
information in the publicly available Whois Registry:
(i) Contactprivacy.com shall appear as the Registrant and Contacts name(s);
(ii) mginternet.com’ postal address and a mginternet.com assigned email address and telephone
number shall appear on behalf of the Registrant and the Contact(s);
(iii) The primary and secondary nameservers shall be those designated by the
Registrant;
(iv) The original date of registration and the expiration of each domain name;
(v) mginternet.com will be identified as the registrar of record.
(b) You understand and agree that the Registrant and Contact Information that
you have provided will be kept on file. You further agree and warrant that
you will ensure that the Whois Information is true, accurate and up to date.
(c) You will will retain complete control over the domain name and its registration
records and may suspend and reinstate the Whois Privacy Service at your discretion.
(d) The Whois Privacy Service may be used with both new and existing domain
name registrations. You may use the Whois Privacy Service with respect to a
domain name that has been transferred but it will only commence after the transfer
has been completed. If you wish to transfer the domain name to a different
registrar,the Whois Privacy Service must be disabled in order to initiate the
transfer.
(e) We will send all obligatory renewal and transfer related messages to the
Contacts you have designated.
(f) Communications Forwarding. Communications received with respect to a particular
domain name registration will be handled as follows:
(i) We will forward to you or a Contact all correspondence received by registered
mail or traceable courier. This information may be opened, scanned and emailed
to you or your Contact.. Regular postal mail will be discarded or returned
to sender at our discretion.
(ii) Email correspondence will be forwarded according to the instructions of
the Registrant as they appear in our records.
(iii) A voice mail message will advise all callers that inbound messages will
not be accepted; calls will be directed to the contactprivacy.com web site
where written messages will be forwarded according to your instructions.
(iv) We will only be responsible for forwarding communications where our details
have appeared in the whois and when your Whois Information is accurate, complete
and up to date.
(g) Right to Suspend and Disable. We shall have the right, at our sole discretion
and without liability to you or any of your Contacts, suspend or cancel your
domain name and to reveal Registrant and Contact Whois Information in certain
circumstances, including but not limited to the following:
(i) when required by law;
(ii) in the good faith belief that disclosure is necessary to further determination
of an alleged breach of a law;
(iii) to comply with a legal process served upon mginternet.com;
(iv) to resolve any and all third party claims including but not limited to
ICANN’s or a Registry’s dispute resolution policy;
(v) to avoid financial loss or legal liability
(v) to avoid financial loss or legal liability
(vi) if we believe that you or one of your Contacts is using the Whois Privacy
Service to conceal involvement with illegal, illicit, objectionable or harmful
activities; or
(vii) to transmit SPAM, viruses, worms or other harmful computer programs.
(h) You understand and agree that, in the event that we receive a formal complaint,
notice of claim or UDRP, that we will have the right to disable the Whois Privacy
Service pending final disposition of the matter.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED
THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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