Date: May 2018
PLEASE READ THIS REGISTRATION AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES.
1.1 Arq Group Limited trading as Melbourne IT ACN 073 716 793 (Melbourne IT) is an accredited Registrar of Internet Corporation For Assigned Names and Numbers (ICANN), and an accredited Registrar of each Registry responsible for operating the new generic top level domain (New gTLD) space(s) as specified in this New gTLD registration agreement (Registration Agreement).
This Registration Agreement is submitted by you (being an individual or entity), the applicant for, and on registration, the licence holder of, a domain name (referred to in this Registration Agreement as “you”, “your” and the “Registrant”) to Melbourne IT for the purpose of becoming the licensee of a particular domain name in a new gTLD space (domain name).
This Registration Agreement sets out the applicable terms and conditions governing all domain name registrations, pre-registrations, renewals or otherwise. In submitting this Registration Agreement, you agree you have read, understand, acknowledge and agree to be bound by this Registration Agreement.
The terms “we”, “us” or “our” shall refer to Melbourne IT. Unless otherwise specified, nothing in this Registration Agreement shall be deemed to confer any third-party rights or benefits.
Applicant means a natural person, company, or organization submitting an Application for a domain name registration. Applicant has the same meaning as “you”, “your” or “Registrant” under this Registration Agreement.
Application means a complete, technically correct request for a domain name registration which complies with all the respective Registry Policies, ICANN Policies and the terms of this Registration Agreement.
Highly-regulated TLDs means the following gTLD name spaces: .surgery, .dentist, .hospital, .medical, .doctor, .creditcard, .insurance, .bet, .bingo, .poker, .casino, .charity, .university, .attorney, .cpa, .lawyer, .corp, .gmbh, .inc, .llc, .ltd, .sarl, .fail, .gripe, .sucks, and .wtf.
ICANN Policies means the applicable standards, procedures, practices, terms and conditions, regulations, rules and policies (including any registration prerequisites) established by ICANN (including without limitation any Consensus Policies, Specifications (such as the Whois Accuracy Program Specification) referenced in ICANN’s 2013 Registrar Accreditation Agreement or in the Registry Agreement) and any amendments, policies, procedures, or programs specifically contemplated by that agreement or authorized by ICANN’s bylaws.
General Availability means the Registry specified period (which generally occurs after Landrush has finished) in which domain names are registered on a first come, first served basis (subject to the relevant Registry’s Registry Policies).
Landrush means the Registry specified period (which generally occurs after Sunrise has finished).
Personal Data refers to data about any identified or identifiable natural person.
Provider means any third party (excluding a Registry or Registrar) from whom Melbourne IT may obtain any domain name licence in order to provide the domain name licence to you (pursuant to clause 10 of this Registration Agreement).
Registrar means the entity authorised by the Registry to register a particular Domain Name or Domain Names, excluding Melbourne IT.
Registry means the applicable entity and/or Registry Operator responsible for operating the relevant New gTLD in question. Refer to clause 18 for further details of each Registry and/or Registry Operator (details current as of the Registration Agreement date noted above).
Registry Operator means the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the US Government and that person or entity (those persons or entities), for providing registry related services for a specific New gTLD.
Registry Agreement means the agreement between the relevant Registry and ICANN located at http://www.icann.org/en/about/agreements/registries.
Registry Policies means the applicable standards, procedures, practices, terms and conditions, regulations, rules and policies (including any registration prerequisites) of the applicable Registry established from time to time in a non-arbitrary manner in respect of the applicable New gTLD and applicable to all registrants. You may locate copies of applicable Registry Policies on the Registry Website.
Registry Website means the website operated by the Registry on which the Registry Policies can be located, as specified in clause 18 of this Registration Agreement.
Regulated TLDs means the following gTLD name spaces: .games, .juegos, .school, .schule, .toys, .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, mortgage, .degree, .mba, .audio, .book, .broadway, .film, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .design, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .engineer, .law, .limited, .town, .city, .reisen, .gives, and .rehab.
Relevant Party means as the context requires, any Registrar and/or Provider.
Relevant Party Domain Name Agreement means the agreement required to be entered into between you and the Relevant Party in order for you to register a particular domain name (pursuant to clause 10 of this Registration Agreement), and which is located at http://www.ipmirror.com/service_agreements/agreement_domains (as may be updated from time to time).
SMD File or SMD is the file issued by the TMCH proving that the TMCH application data for one or more TMCH eligible terms – typically a trademark – have been successfully validated and entered into the TMCH database.
Sunrise means the Registry specified period in which only holders of a SMD File may submit a Sunrise Application.
Sunrise Application means the non-transferrable Application for registration of a domain name made during Sunrise.
Sunrise Registration means a domain name registration resulting from an approved Sunrise Application.
Trademark Claims Notice means the form notice that a registrar presents to registrants notifying them that their proposed registration matches a mark included in the TMCH.
Trademark Clearinghouse or TMCH means the ICANN repository for mark data and information.
TMCH Guidelines means the then effective guidelines found at http://www.trademark-clearinghouse.com.
Uniform Rapid Suspension System or URS means the ICANN process, as currently described at http://newgtlds.icann.org/en/applicants/urs, by which a registered domain name may be suspended as a result of a complaint filed by a mark owner.
2.1 You acknowledge and agree that we may change the terms and conditions of this Registration Agreement either by obtaining your consent or giving you notice. The period of notice we provide will depend on the nature of the change. If:
2.2 Notice of a change may be given by posting the new version of the Registration Agreement on our website at https://melbourneit.au/ (Melbourne IT Website). Changes will be effective as stated above, and if you do not agree to be bound this Registration Agreement as last revised, do not use (or continue to use) your domain name or remain as Registrant.
2.3 We may also notify you of any changes via your provided details information, including your email address.
3.1 You agree to pay any and all prices and fees specified on the Melbourne IT Website relating to a domain name at the time of your application. We will not process a domain name registration or renewal application or otherwise until the relevant fee(s) have been paid and cleared.
3.2 We expressly reserve the right to change or modify our pricing and fees, and any changes will become effective immediately once published on the Melbourne IT Website.
3.3 A Registry may offer non-uniform variable pricing for domain names depending on the type being registered or renewed, such that the fees for a domain name registration or renewal may differ from other domain names in the same New gTLD.
3.4 If you have purchased a domain name for a period of months or years, changes or modifications in prices and fees shall be effective when the domain name in question is due for renewal.
3.5 If you have registered your domain name as a direct customer of Melbourne IT (and not via a reseller of Melbourne IT), Melbourne IT will attempt to renew your domain name in accordance with our Renewal Policy.
3.6 Any failure to pay any required domain name related fee (as applicable) when due (as evidenced for example by, without limitation, your credit card company notifying us of you disputing the payment of, or refusing to pay such fee, or where your credit card payment or other form of payment has been declined or reversed) will entitle us to immediately cease the registration or renewal of the domain name (as applicable). If for any reason we are unable to take the payment from the payment details you have on file or have provided to us, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep all payment details current and accurate, which includes the expiration date of any credit cards you have advised to us.
3.7 Melbourne IT will not be responsible for cancelled domain names that you fail to renew, either automatically or manually in the timeframes specified on the Melbourne IT Website or as notified to you by Melbourne IT. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for additional Melbourne IT services which relate or correspond to your domain name at the time of its registration (for example, our Private Registration service), these services may also automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance. You acknowledge and agree that it is your responsibility to ensure that your domain name registration is renewed.
3.8 All prices and fees are non-refundable unless otherwise expressly stated, even if your domain name is suspended, terminated, or transferred prior to the end of the applicable registration term.
4.1 All renewals will be subject to the terms of this Registration Agreement (including without limitation, clause 3), and you acknowledge and agree to be bound by the terms of this Registration Agreement (as amended) for all renewed domains and/or services.
4.2 You acknowledge that a Registry may offer a further period after a renewal deadline during which a registrant may renew their cancelled or deleted domain name before it is available for re-registration by other parties (Registry Grace Period). If your domain name has not otherwise been dealt with by Melbourne IT under the terms of this Registration Agreement, following the renewal deadline being passed your domain name will be cancelled or deleted at the Registry after which you may be eligible for a further specific Registry Grace Period. During this Registry Grace Period, you may redeem your domain name by paying to Melbourne IT the applicable redemption fee (the current redemption fee is set out at the Melbourne IT Website and is subject to change). It is important for you to understand that not every Registry provides an ‘Registry Grace Period’ for expired domain names, and so you may not be able to renew your domain name if it has expired and been cancelled.
4.3 Registry Grace Periods may vary for different New gTLDs, so please refer to the specific Registry Policies of the applicable New gTLD. In the event there is a conflict between the provisions of this paragraph and those Registry Policies, the terms of the relevant Registry Policies will prevail. During any Registry Grace Period your domain name may be parked by Melbourne IT.
4.4 In the event you do not renew your domain name prior to the renewal deadline, or where available, prior to the end of a Registry Grace Period, Melbourne IT may, in its sole discretion, cancel and delete your domain name at the Registry making it available for registration on a first-come-first-served basis or transfer it to another registrant on your behalf.
5.1 You acknowledge and agree to obey, comply and be bound by any and all Registry Policies and ICANN Policies, and any and all updates, revisions and modifications thereto, for the New gTLD in which your domain name is registered, and which are incorporated herein.
5.2 You agree that if this Registration Agreement is completed by an agent for you, such as an Administrative Contact/Agent, you are nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute resolution rules.
5.3 You agree you have read, will comply with, and are bound by all terms and conditions contained in this Registration Agreement, including without limitation all Registry Policies and ICANN Policies.
5.4 You represent and warrant that:
5.5 Any breach of these warranties shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name.
5.6 Safeguards for Regulated TLDs. You agree and acknowledge:
5.7 Safeguards for High-regulated TLDs. You agree and acknowledge:
6.1 We will collect and use Personal Data submitted by you to us in accordance with our Privacy Policy and as required by applicable mandatory laws. The Registry may collect and use your Personal Data and information in accordance with the privacy policy of the Registry (as published on the Registry Website and updated from time to time) and the Registry Policies. You agree and consent to such collection and use by Melbourne IT and/or the Registry of your Personal Data and information.
6.2 In seeking to register a domain name, you must provide to Melbourne IT the information (which may include Personal Data) set out in the compulsory fields and may provide the information set out in any discretionary fields which will be transmitted to the Registry and/or ICANN. You grant Melbourne IT and the Registry a non-exclusive, worldwide, perpetual and royalty-free license to use all such provided information in performing their obligations and roles as a registrar and a registry, respectively (including, without limitation, to comply with any Registry Policies and ICANN Policies). Certain information is also required by Registry Policies and/or ICANN to be made publicly available via the Whois (see Melbourne IT’s Whois here), and both Melbourne IT and a Registry may be required to retain copies of and archive such information (either in their own systems or through the use of a third-party escrow service). You agree, consent to and give permission for all such requirements, uses and disclosures.
6.3 In addition to the above, to the extent permitted by applicable law, you consent to the use, copying, distribution, publication, modification and other processing of your Personal Data and information by the Registry, ICANN, their service providers, subcontractors and agents in a manner consistent with and as stated in Registry Policies and ICANN Policies, and all other purposes of collection notified to Melbourne IT by the Registry and/or ICANN from time to time.
6.4 You must provide us with accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of your domain name registration, including:
6.5 Either the wilful provision of inaccurate or unreliable information by you, or your failure to update information provided to Melbourne IT within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by us concerning the accuracy of contact details associated with the domain name registration shall constitute a material breach of this Registration Agreement and be a basis for suspension and/or cancellation of the domain name registration.
6.6 If you intend to license use of a domain name to a third party, you still remain the Registrant and are 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. If you license use of your domain name, then you agree you shall accept liability for harm caused by wrongful use of the domain name, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing you with reasonable evidence of actionable harm.
6.7 You represent and warrant that, if you have provided the Personal Data of any third-party individuals to Melbourne IT, that notice has been provided equivalent to the terms of this clause 6 to those third-party individuals by yourself, and that you have obtained consents equivalent to the consents required in this clause 6 from such third-party individuals.
6.8 We agree we will (i) not process the Personal Data collected from you in a way incompatible with this Registration Agreement, and (ii) take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
6.9 It is very important for you to keep all Personal Data and other information provided accurate and current with us. While we may notify you of any changes to this Registration Agreement via these provided details, we may also notify you about the status of your domain name (for example, renewal reminders and expiry dates) and any service or payment related issues (for example, payment failures). MELBOURNE IT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR YOUR FAILURE TO RECEIVE AN EMAIL NOTIFICATION OR OTHERWISE IF THIS FAILURE HAS RESULTED FROM ANY PERSONAL DATA OR INFORMATION YOU HAVE PROVIDED BEING, OR BECOMING, INACCURATE OR OUT-OF-DATE. YOU ACKNOWLEDGE AND AGREE YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR MAINTAINING THE ACCURACY AND CURRENCY OF ANY SUCH PROVIDED PERSONAL DATA AND/OR INFORMATION.
7.1 You are prohibited from, and agree that you will not be involved in (either directly or indirectly), distributing malware, abusively operating botnets, phishing, unsolicited email (spam), piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of domain names. In addition, you agree to be bound by and comply with Melbourne IT’s Acceptable Use Policy located at https://melbourneit.au/legals/acceptable-use-policy/.
7.2 You agree that, in our sole discretion and without liability to you, we may (i) refuse to accept the registration of any domain name, and/or (ii) suspend, cancel or delete the registration of a domain name if we determine (in our sole discretion) that the domain name is being used in association with any of the prohibited activities states above or identified in our Acceptable Use Policy. Where a domain name registration is so suspended, cancelled or deleted, there will be no refund of fees paid.
8.1 Both the Registry and Melbourne IT shall implement and adhere to the rights protection mechanisms (RPMs) specified in Specification 7 of the Registry Agreement and any other rights protection mechanisms ICANN develops to discourage or prevent registration of domain names that violate or abuse another party’s legal rights.
8.2 Melbourne IT shall notify a Registrant via email of any domain name that is registered in the Trademark Clearinghouse by presenting the Trademark Claims Notice, in compliance with the RPMs.
9.1 You agree that a registration or reservation of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.
9.2 You agree that we do not guarantee that any domain name registration, pre-registration or otherwise applied for by Melbourne IT on behalf of you will be successfully registered or reserved by the Registry. You acknowledge and agree that you will not take any action in respect of any domain name registration, pre-registration or otherwise until the successful registration or reservation of that domain name is confirmed in writing to you.
9.3 If you submit an application for pre-registration or registration of a domain name, neither Melbourne IT nor the Registry provide or make any representation or guarantee that the domain name will be secured for you, or that you will have immediate access to the domain name if secured. In providing such services, we may use third-party service providers, and certain applications may be processed manually. We make no representations that applications will be processed within any particular timeframe.
9.4 You acknowledge that either Registry Policies or ICANN Policies may provide that registration or reservation of certain domain names is prohibited. You agree that the submission of an application for a domain name registration or reservation does not obligate Melbourne IT to accept this Registration Agreement, and that neither our acceptance of this Registration Agreement nor the actual registration or reservation of any domain name shall be deemed an indication that the Registry, ICANN or Melbourne IT has made any determination regarding the legality or acceptability of the registration or reservation, the extent to which your registration and exclusive and perpetual right of use and enjoyment of the domain name may violate any applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Registry, ICANN or Melbourne IT shall have any liability or responsibility arising therefrom. You agree that neither the Registry, ICANN or Melbourne IT shall have any liability for loss or damage that may result from a refusal to accept this Registration Agreement or your domain name registration or reservation application.
10.1 Melbourne IT may attempt to acquire the domain name for you from a Relevant Party. You acknowledge to, and agree with, Melbourne IT, that in order for us to attempt to acquire any domain name for you from the Relevant Party, in addition to the terms of this Registration Agreement, you must agree to the applicable Relevant Party Domain Name Agreement for the domain name that you wish to register. Accordingly, you warrant to Melbourne IT that:
10.2 Melbourne IT will provide notification of any domain name processed through a Relevant Party pursuant to this clause 10.
10.3 Where your domain name has been registered pursuant to this clause 10, you may cancel (or surrender) your domain name licence by written notice to Melbourne IT at any time, if such cancellation (or surrender) is permitted by the Relevant Party. You acknowledge that such cancellation (or surrender) is required to be undertaken by the Relevant Party, and that accordingly, Melbourne IT has no control over when such cancellation (or surrender) will be effected by the Relevant Party.
10.4 If you are permitted to cancel your domain name licence as specified in clause 10.3, Melbourne IT shall not be required to provide any refund of any charge paid by you to Melbourne IT under this Agreement in connection with such cancellation (or surrender).
10.5 You agree that the domain name will be registered by the Relevant Party on a first come, first served basis. You agree that Melbourne IT does not guarantee that any domain name applied for by Melbourne IT on behalf of you will be successfully registered by the Relevant Party. You acknowledge and agree that you will not take any action in respect of the registration of your domain name by a Relevant Party until the successful registration of that domain name is confirmed in writing to you by either Melbourne IT or the Relevant Party.
10.6 The terms of this Registration Agreement apply in full to any domain name processed through a Relevant Party, including any applicable terms contained in clause 18. In addition to the rights Melbourne IT and the Registry have in respect of your domain name, you acknowledge and agree that the Relevant Party has additional rights as contained in the Relevant Party Domain Name Agreement (including without limitation the right to suspend or cancel your domain name at any time in accordance with the Relevant Party Domain Name Agreement).
You agree to be bound by the Registry Policies (including without limitation any Sunrise dispute resolution policies) relating to any initial launch phase of the New gTLD, including without limitation any Sunrise, Landrush or general availability period(s)(as may be applicable to you) and any Trademark Clearinghouse procedures and processes. To the maximum extent permitted by law, you agree that neither Melbourne IT nor the Registry has any liability of any kind for any loss or liability resulting from the proceedings and processes relating to any Sunrise period(s) and/or Landrush or general availability period, including without limitation:
(a) the ability or inability of you to obtain a particular domain name during these periods, and/or
(b) the results of any dispute over a Sunrise, Landrush or general availability (or otherwise) application or registration.
12.1 You acknowledge you have read, understood and agree that be bound by, and submit to, 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:
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 applicable UDRP, URS or TDRP in effect at the time of the dispute by the third party.
12.2 For the adjudication of disputes concerning or arising from use of your domain name, you agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, and (2) of the State of Victoria, Australia (where Melbourne IT is located).
12.3 You acknowledge and agree that both Melbourne IT and the Registry individually reserve the right, where either party deems necessary and in that party’s sole discretion, to:
13.1 You agree that failure to abide by any provision of this Registration Agreement may be considered by Melbourne IT to be a material breach and that Melbourne IT may provide a notice in writing or electronically (i.e. via email), describing the breach to you. If, within fifteen (15) days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to Melbourne IT, that you have not breached any obligations, then Melbourne IT may terminate this Registration Agreement with you and take any remedial action available to Melbourne IT under applicable law, without notice to you. With limitation, such remedial action may involve cancelling the registration of your domain name.
13.2 In the event Melbourne IT terminates this Registration Agreement, or suspends, cancels or deletes your domain name in accordance with the terms of this Registration Agreement, no fees paid by you will be refunded.
14.1 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE REGISTRY AND MELBOURNE IT AND, WHERE APPLICABLE PURSUANT TO CLAUSE 10, THE RELEVANT PARTY, AND EACH PARTY’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES (RELATED CORPORATIONS), SUB-CONTRACTORS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSS (DIRECT OR INDIRECT), LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) ARISING OUT OF OR RELATED TO (I) YOUR DOMAIN NAME REGISTRATION, AND/OR (II) THE ENFORCEMENT OF ANY PROVISION OF THIS REGISTRATION AGREEMENT, AND/OR (III) ANY FAILURE OF YOUR DOMAIN NAME TO BE RENEWED BY YOU.
14.2 Additional indemnity obligations may be specified in clause 18. To the extent of any conflict between the indemnity contained in clause 13.1, and any additional indemnity(ies) applicable to you in clause 17, the applicable indemnity(ies) in clause 17 shall prevail in respect of such conflict.
14.3 You agree these obligations will survive expiration or termination of this Registration Agreement or the domain name registration.
To the maximum extent permitted by law, neither Melbourne IT nor the Registry nor, where applicable pursuant to clause 10, the Relevant Party, nor their directors, officers, employees and agents will be liable in any way for any direct, incidental, consequential or indirect loss or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs), whether contractual, based on tort (including negligence) or otherwise suffered by you as a result of any act or omission of Melbourne IT or the Registry or, where applicable pursuant to clause 10, the Relevant Party, their directors, officers, employees, agents or sub-contractors. If any legislation implies in this Registration Agreement a term or warranty, you agree that Melbourne IT’s liability under this Registration Agreement for a breach of that term or warranty is limited to, in the sole discretion of Melbourne IT, the re-supply of the goods or services again, or the payment of the costs of having the goods repaired or replaced, or the services supplied again. This clause survives the expiry or termination of this Registration Agreement.
You agree you can change registrar for an existing domain name only in accordance with the relevant policies specified by the Registry and/or ICANN. You agree that you will not transfer any domain name registered through us to another domain name registrar during the first sixty (60) days following the registration date of your domain name.
17.1 If any clause of this Registration Agreement is held to be invalid or unenforceable in whole or part, the invalid or unenforceable wording shall be deemed to be omitted.
17.2 Any notice to be given under this Registration Agreement is deemed to be served if delivered either by either or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number.
17.3 Other than between you and the Registry, this Registration Agreement is governed by the laws of Victoria, Australia, and you and Melbourne IT submit to the non-exclusive jurisdiction of those Victorian courts. Nothing in this Registration Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
17.4 The parties agree that Melbourne IT may assign this Registration Agreement to a third party on prior written notice to you.
17.5 Melbourne IT’s failure to act upon or at any time to notify you and insist on strict performance of any provision of this Registration Agreement is not a waiver of its right at any later time to insist on strict performance of that or any other provision of this Registration Agreement.
I. Registry. The party operating as “Registry” for the associated New gTLD can be determined by referring to the list located here.
For clarity, a reference to “Registry” or “New gTLD” in this clause shall be interpreted as an individual reference to each such party and the corresponding New gTLD, as offered for purchase by Melbourne IT (as listed above in the heading of this clause).
II. Registry Website. The Registry Website is located at http://www.donuts.co.
III. Definitions. The following definitions apply to this clause:
Applicant means a natural person, company, or organization submitting an Application for a domain name registration or a DPML Block. Applicant has the same meaning as ‘you’, ‘your’ or ‘Registrant’ under this Registration Agreement.
Auction means the auction to determine the prevailing registrant when more than one Applicant submits an Application for the identical domain name.
Auction Provider means the auction provider(s) published on the Registry Website, which may vary.
Available Domain Names means a domain name that is not already registered or a Reserved Domain Name (as defined below under ‘VIII. Domain Names’).
DPML Block means the block, upon certain terms and conditions, preventing the registration of a second level domain (SLD) across each New gTLD (e.g., a DPML Block for the term ‘mansion’ will generally block that SLD from being registered as a domain name in participating New gTLDs, such as ‘mansion.bike’ or ‘mansion.guru’ etc.).
Domain Protected Marks List Service or DMPL Service means the service that blocks certain SLDs from registration across each New gTLD which is provided pursuant to Melbourne IT’s DPML Service terms and conditions.
DPML Block means the block, upon certain terms and conditions, preventing the registration of a second level domain (SLD) across each New gTLD (e.g., a DPML Block for the term ‘mansion’ will generally block that SLD from being registered as a domain name in participating New gTLDs, such as ‘mansion.bike’ or ‘mansion.guru’ etc.).
DPML Block Request is a request submitted by Melbourne IT on behalf of an Applicant who desires to block from registration names contained within the SMD File.
Early Access Program or Priority Registration Period means the service offered by Melbourne IT allowing registrants to register domain names during the first days of the General Availability period (as specified at the Registry Website).
Early Access Program Fee or Priority Registration Fee means the non‐refundable and one-time fee charged by Melbourne IT for each registration made during the Priority Registration Period.
Shared Registration System or SRS means the system of computers, networking equipment, data stores, software services and network connectivity that allows registrars to provision objects for the purpose of applying for, registering, modifying and maintaining registrations and allows registrars to provision objects to apply for, register, modify and maintain DPML Blocks.
Priority Pre-Registration means an Application submitted to Melbourne IT in advance of the Priority Registration Period beginning which Melbourne IT will process once the Priority Registration Period begins.
IV. Acknowledgment. You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies and agreements, and any and all updates, revisions and modifications thereto, for these New gTLD spaces, and that you have read and understand the Registry Policies, which may be found here and are incorporated herein by reference, including without limitation the Acceptable Use and Anti-Abuse Policy, IDN Policy, Reserved Names, Whois Access Policy, Searchable Whois Policy, Sunrise and DPML Dispute Resolution Policy and Privacy Policy.
You acknowledge and agree:
V. Pricing. You acknowledge and agree that domain names in these New gTLDs (i) are variably priced (i.e. some domain names are the lowest-priced and most common type of domain name made available on a first-come-first-served basis (Standard Names), and others domain names are designated by the Registry (in its sole discretion) for non-standard pricing (Premium Names)), and
(ii) will have non-uniform renewal registration pricing such that the fees due for a domain name registration renewal may differ from other domain names in the same New gTLD (or another New gTLD operated by another Registry).
Fees applicable to Sunrise, Priority Registration Period and the DPML Service are stated on the Melbourne IT Website, and processed in accordance with the terms of this Registration Agreement. In requesting any such service(s) from Melbourne IT, you agree to pay the relevant fees.
VI. Sunrise. During Sunrise, Applicants with one or more SMD Files have access to submit Sunrise Applications. Each Applicant for a Sunrise Registration must include one or more SMD Files corresponding to the applied for domain name and must meet the qualifications specified by ICANN Policies and detailed in the TMCH Guidelines, as they may change from time to time. Unlike registrations that occur outside Sunrise, Sunrise Registrations are unaffected by, and will override, domain names whose SLDs are under DPML Block. If more than one Applicant submits a Sunrise Application for an identical domain name, the prevailing registrant will be determined by an auction process, as described at the Registry Website.
In submitting a Sunrise Application (or modifying any Sunrise Registration), the Sunrise Applicant or registrant (as the case may be) represents and warrants that it has acknowledged that:
You consent to, acknowledge and agree that:
VII. Priority Registration Period. During the Priority Registration Period, you may purchase Available Domain Names by paying a Priority Registration Fee for each domain name, in addition to the domain name registration fee. Applications during the Priority Registration Period may be submitted for any Available Domain Names. The Priority Registration Fee will be refunded by Melbourne IT only in the event the domain name registration is not successful (minus an administration fee of $25 charged by Melbourne IT for processing the Priority Registration Period request).
VIII. Domain Names. The Registry may permanently or temporarily reserve at any time from registration, including, without limitation, domain names:
(referred to as a Reserved Domain Name).
In making an Application for registration of a domain name, you acknowledge and agree that:
IX. DPML. Applicants with one or more SMD Files may generally purchase directly a DPML Block which may be applicable across each New gTLD. DPML Blocks are available initially for a five (5) to ten (10) year period and then may be renewed for up to a maximum DPML Block period of ten (10) years.
If you request Melbourne IT’s DPML Service, you agree to be bound by the terms of this Registration Agreement and the DPML Service terms and conditions.
X. Personal Data. The Registry may from time to time use data submitted by Melbourne IT for statistical analysis, provided that any such analysis will not disclose individual non-public Personal Data and such non-public Personal Data is only used for internal business purposes. The Registry will not share, sell, rent or otherwise disclose such non-public Personal Data to any third parties. You agree and consent to such use by the Registry.
XI. Indemnity. YOU AGREE YOU SHALL, WITHIN THIRTY (30) DAYS OF DEMAND, INDEMNIFY, DEFEND AND HOLD HARMLESS THE REGISTRY OPERATOR, ANY SERVICE PROVIDERS OF THE REGISTRY, MELBOURNE IT AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, AS WELL AS EACH OF THEIR RESPECTIVE OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES (INCLUDING ON APPEAL), ARISING OUT OF OR RELATING IN ANY WAY TO THE REGISTRANT’S DOMAIN NAME REGISTRATION, INCLUDING, WITHOUT LIMITATION, THE USE, REGISTRATION, EXTENSION, RENEWAL, DELETION, AND/OR TRANSFER THEREOF AND/OR THE VIOLATION OF ANY APPLICABLE TERMS OR CONDITIONS GOVERNING THE REGISTRATION. You agree that you shall not enter into any settlement or compromise of any such indemnifiable claim without Melbourne IT’s prior written consent, which consent shall not be unreasonably withheld. This indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.
XII. Liability. You agree that no greater or other damages may be claimed from the Registry or the TMCH.
XIII. Third Party Beneficiaries. Both Melbourne IT and you expressly agree that (i) ICANN is an intended third-party beneficiary of this Agreement, (ii) the Registry is an intended third-party beneficiary of this Registration Agreement, and (iii) the third-party beneficiary rights of both ICANN and the Registry shall survive any termination or expiration of this Registration Agreement
XIV. Governing Law. With regards to each New gTLD, this Registration Agreement will be interpreted and governed by the internal laws of the State of Washington, United States of America, in all respects and as applied to agreements entered into among Washington residents to be performed entirely within Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of laws of any jurisdictions other than those of State of Washington.
I. Registry. The party operating as ‘Registry’ for .MENU is Wedding TLD2 LLC.
II. Registry Website. The Registry Website is located at http://www.dot-menu.com/.
III Disputes. You agree to submit to proceedings commenced under other dispute policies as set forth by Registry Operator from time to time in the Registry Policies, including but not limited to processes for suspension of a domain name intellectual property rights holders, Internet engineering and security experts or other competent claimants for the purpose of upholding the security, stability and integrity of the Registry.
IV. Third Party Beneficiaries. Notwithstanding anything in this Registration Agreement to the contrary, Wedding TLD2, LLC, the Registry Operator of the .MENU TLD, is and shall be an intended third party beneficiary of this Registration Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Wedding TLD2, LLC have vested and that Wedding TLD2, LLC has relied on its third party beneficiary rights under this Registration Agreement in agreeing to Melbourne IT being a registrar for the .MENU TLD. Additionally, the third party beneficiary rights of Wedding TLD2, LLC shall survive any termination of this Registration Agreement.
I. Registry. The party operating as ‘Registry’ for the above listed New gTLDs is Uniregistry, Corp.
For clarity, a reference to ‘New gTLD’ in this clause shall be interpreted as an individual reference to each of the above listed New gTLDs.
II. Registry Website. The Registry Website is located at http://uniregistry.com/.
III. Disputes. You agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time in the Registry Policies, including but not limited to processes for suspension of a domain name intellectual property rights holders, Internet engineering and security experts or other competent claimants for the purpose of upholding the security, stability and integrity of the Registry.
IV. Acknowledgment. As a condition of purchasing and using a New gTLD domain name, you agree:
I. Registry. The party operating as ‘Registry’ for the above listed New gTLDs is United TLD Holdco Ltd trading as ‘Rightside Registry’.
For clarity, a reference to ‘New gTLD’ in this clause shall be interpreted as an individual reference to each of the above listed New gTLDs.
II. Registry Website. The Registry Website is located at http://rightside.co/.
III. Indemnity. YOU AGREE YOU SHALL, WITHIN THIRTY (30) DAYS OF DEMAND, INDEMNIFY, DEFEND AND HOLD HARMLESS UNITED TLD HOLDCO LTD, MELBOURNE IT AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, AS WELL AS EACH OF THE RESPECTIVE OWNERS, DIRECTORS, MANAGERS, EMPLOYEES, OFFICERS, CONTRACTORS, SERVICE PROVIDERS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES (INCLUDING ON APPEAL), ARISING OUT OF OR RELATING IN ANY WAY TO THE REGISTRANT’S DOMAIN NAME REGISTRATION, INCLUDING, WITHOUT LIMITATION, THE USE, REGISTRATION, EXTENSION, RENEWAL, DELETION, AND/OR TRANSFER THEREOF AND/OR THE VIOLATION OF ANY APPLICABLE TERMS OR CONDITIONS GOVERNING THE REGISTRATION. You agree that you shall not enter into any settlement or compromise of any such indemnifiable claim without Melbourne IT’s or United TLD Holdco Ltd’s prior written consent, which consent shall not be unreasonably withheld. This indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.
IV. Personal Data. The Registry may from time to time use data submitted by Melbourne IT for statistical analysis, provided that any such analysis will not disclose individual non-public Personal Data and such non-public Personal Data is only used for internal business purposes. The Registry will not share, sell, rent or otherwise disclose such non-public Personal Data to any third parties. You agree and consent to such use by the Registry.
V. Third Party Beneficiaries. Notwithstanding anything in this Registration Agreement to the contrary, United TLD Holdco Ltd is and shall be an intended third party beneficiary of this Registration Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of United TLD Holdco Ltd have vested and that United TLD Holdco Ltd has relied on its third party beneficiary rights under this Registration Agreement in agreeing to Melbourne IT being a registrar for the .ACTOR, .ATTORNEY, .AUCTION, .CONSULTING, .DANCE, .DEGREE, .DEMOCRAT, .DENTIST, .ENGINEER, .FUTBOL, .GIVES, .IMMOBILIEN, .KAUFEN, .LAWYER, .MARKET, .MODA, .MORTGAGE, .NINJA, .PUB, .REHAB, .REPUBLICAN, .REVIEWS, .ROCKS, .SOCIAL, .SOFTWARE AND .VET TLDs. Additionally, the third party beneficiary rights of United TLD Holdco Ltd shall survive any termination of this Registration Agreement.
VI. Additional Registration Agreement Terms. The following terms and conditions (the “Registration Terms“) supplement, and are incorporated into, this Registration Agreement between you (“you“), a registrant, and Melbourne IT, the ICANN Accredited registrar that you use to register or reserve a name in the United TLD Top Level Domain (the “Registry TLD“). As between you and United TLD Holdco Ltd., (the “Registry,” or “we“), in the event of any conflict between these Registration Terms and any other terms of your Registration Agreement with Melbourne IT, these Registration Terms shall prevail:
1. By applying to register or reserve a domain name in a Registry TLD, you represent and warrant that neither your registration nor your use of the name will infringe the intellectual property or other rights of any third party or violate the Registry’s Acceptable Use (Anti-Abuse) Policy.
2. You acknowledge and agree to abide by all Registry Policies set forth on the Registry Website (including without limitation those located here). You specifically acknowledge and agree that the Registry Policies may be modified by the Registry, and agree to comply with any such changes in the time period specified for compliance.
3. You agree to comply with all applicable ICANN requirements and policies found at http://www.icann.org/general/consensus-policies.htm.
4. You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, disclosure of date and financial disclosures.
5. You agree that should you use a Registry TLD to collect and or maintain sensitive health and financial date, you implement reasonable appropriate security measures commensurate with the offering of those service as defined by applicable law.
6. You represent and warrant that you have provided to your Registrar current, complete, and accurate information in connection with your application for a registration, and that you will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting registration or reservation. Your obligation to provide current, accurate, and complete information is a material element of these terms, and the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration or reservation if it determines, in its sole discretion, that the information is materially inaccurate.
7. You consent to the collection, use, processing, and/or disclosure of personal information in the United States and in accordance with the Registry’s Privacy Policy, and incorporated by reference here. If you are submitting information from a country other than the country in which the Registry servers are located, your communications with the Registry may result in the transfer of information (including your membership account information) across international boundaries; you consent to such transfer.
8. You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP“), and the Uniform Rapid Suspension System (“URS“), each as described on the ICANN Website. You further agree to abide by the final outcome of any of those processes, subject to any appeal rights provided in those processes or the law, and you hereby release the Registry, its affiliates and service providers from any and all directly or indirect liability associated with such dispute resolution processes.
9. You acknowledge and agree that the Registry reserves the right, in its sole discretion, to disqualify you or your agents from making or maintaining any registrations or reservations in the Registry TLD if you are found to have repeatedly engaged in abusive registrations.
10. You acknowledge and agree that the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration that it deems necessary, in its discretion, in furtherance of the following:
11. The Registration Terms, its interpretation, and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). You agree and submit to the exercise of personal jurisdiction of courts in the State of Washington for the purpose of litigating any such claim or action.
12. BY AGREEING TO THESE REGISTRATION TERMS AND CONDITIONS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST THE REGISTRY, ITS EMPLOYEES, AFFILIATES AND SUBSIDIARIES, AND SERVICE PROVIDERS, BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF WASHINGTON OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF STATE OF WASHINGTON FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
13. You acknowledge and agree that the Registry is and shall be an intended third party beneficiary of the obligations you undertake under your registration agreement with the Registrar and these Registration Terms. You acknowledge and agree that the Registry’s third party beneficiary rights have vested, and shall survive any termination or expiration of your registration or reservation.
14. You acknowledge and agree that domain names in the Registry TLD are provided “as is”, “with all faults” and “as available.” The Registry, its affiliates and service providers, make no express warranties or guarantees about such domain names.
15. TO THE GREATEST EXTENT PERMITTED BY LAW, THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, DISCLAIM IMPLIED WARRANTIES THAT THE REGISTRY AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS DO NOT GUARANTEE THAT ANY REGISTRY TLDS, OR REGISTRY OPERATIONS WILL MEET YOUR REQUIREMENTS, WILL BE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE UNITED TLD, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU OR THIRD PARTIES WILL BE ABLE TO ACCESS OR USE A DOMAIN NAME IN UNITED TLDS (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A REPRESENTATIVE OF THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS SHALL CREATE A WARRANTY REGARDING OPERATIONS OF THE REGISTRY OR A DOMAIN NAME IN A REGISTRY TLD.
16. THE REGISTRY, ITS’ AFFILIATES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON A DOMAIN NAME IN A UNITED TLD. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE REGISTRY, ITS AFFILIATES AND SERVICES PROVIDERS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE REGISTRY’S LIABILITY, AND THE LIABILITY OF THE REGISTRY’S AFFILIATES AND SERVICE PROVIDERS, SHALL BE LIMITED TO THE AMOUNT YOU PAID TO REGISTER A UNITED TLD. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE REGISTRY’S, ITS AFFILIATES AND SERVICE PROVIDERS, TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. YOU AGREE THAT THE RIGHTS STATED HEREIN SURVIVE TERMINATION OF THE REGISTRAR’S AGREEMENT WITH YOU.
17. The Registry reserves the right to modify, change, or discontinue any aspect of its Registry Services, these Registration Terms, including without limitation its prices and fees. You acknowledge and agree that the Registry, its affiliates and service providers may provide any and all required notices, agreements, modifications and changes to these Registration Terms, and other information concerning Registry TLDs electronically, by posting such items on the Registry Website. Your continued use of a Registry TLD shall constitute your acceptance of the most current versions of those notices, agreements, modifications, and changes to these Registration Terms. In the event of any conflict between these Registration Terms and the notices, agreements, modifications and changes to the Registration Terms as posted from time to time on the Registry Website, the terms posted on the Registry Website shall prevail.
18. You represent and warrant that your use of the Registry and/or the Registry TLDs will not be for any illegal purpose and that you will not undertake any activities with your Registry TLD that will be in violation of the Acceptable Use (Anti-Abuse) Policy.
19. The Registry TLDs are intended for and available to applicants and registrants who are at least eighteen (18) years of age. By applying for, registering, or reserving United TLD, you represent and warrant that you are at least eighteen (18) years of age.
I. Registry. The party operating as ‘Registry’ for the associated New gTLD can be determined by referring to the list located here.
For clarity, a reference to ‘New gTLD’ in this clause shall be interpreted as an individual reference to each of the above listed New gTLDs.
II. Registry Website The Registry Website is located at www.famousfourmedia.com.
III. Indemnity. You agree to indemnify, defend and hold harmless the Registry Operator, and its subcontractors (including the registry back-end services provider) and their respective directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration, except due to Registry Operator’s negligence, error or omission. This indemnification obligation survive the termination or expiration of this Registration Agreement.
IV. Data Protection. You agree it is a condition of your domain name registration that you (if you are an identified or identifiable person) agree that the relevant personal data submitted to Melbourne IT as part of the registration process shall be submitted to the Registry Operator for the following reasons:
V. Pricing. You agree to higher renewal pricing for your domain name where, at the time of the initial registration of the domain name, clear and conspicuous disclosure of such renewal pricing was made to you.
I. Registry. The party operating as ‘Registry’ for .BUZZ is Wedding DotStrategy, Co.
II. Registry Website. The Registry Website is located at http://www.buzznames.biz/.
III. Definitions. The following definitions apply to this clause:
Auction means the auction to determine the prevailing registrant when more than one Applicant submits an Application for the identical domain name.
Auction Provider means the auction provider(s) published on the Registry Website, which may vary.
Premium Name means those domains considered of high value, as determined by the Registry in its sole discretion.
IV. Indemnity. You agree to indemnify, defend and hold harmless the Registry and NeuStar, Inc. and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the Registrant’s .buzz domain name registration. This indemnification obligation survive the termination or expiration of this Registration Agreement.
V. Dispute Resolution Mechanisms. You accept and agree that the Registry (a) will comply with the following dispute resolution mechanisms (as may be revised from time to time) the (i) Trademark Post-Delegation Dispute Resolution Procedure (PDDRP), and (ii) Registration Restriction Dispute Resolution Procedure (RRDRP) adopted by ICANN, and (b) has agreed to (i) implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement) following a determination by any PDDRP or RRDRP panel and to be bound by any such determination; and (ii) the Uniform Rapid Suspension system (URS) adopted by ICANN, including the implementation of determinations issued by URS examiners.
VI. Orphan records. The Registry reserves the right to take immediate action to remove orphan glue records (as defined at http://www.icann.org/en/committees/security/sac048.pdf) when provided with evidence in written form that such records are present in connection with malicious conduct.
VII. Sunrise. By submitting a Sunrise Application, you authorise each of Melbourne IT, the Registry and/or the Registry’s authorized Auction Provider or agent to share information relating to the Sunrise Application with other Sunrise Applicants. In the event any Sunrise Applicant proceeds with a Sunrise Registration, such Applicant will be deemed on notice of the intellectual property claims submitted by the other Sunrise Applicant(s) and may not claim lack of notice with regard to such Applicant(s) in any subsequent dispute proceeding.
VIII. Premium Names. You acknowledge and agree that if you seek to register a Premium Name (as determined by the Registry in its sole discretion), then use of the name is also subject to additional terms and conditions contained in a separate agreement between the Registrant and the Registry, and that the Registrant’s rights in any such name are also governed by the terms of that separate Premium Name agreement.
IX. Acknowledgment. You acknowledge and agree that both the Registry and Melbourne IT, each party’s subcontractors, affiliates, agents, and/or service providers shall have no liability of any kind for any direct or indirect loss or liability resulting from or arising in connection with the Sunrise, Landrush, Founder’s Program, Premium domain or Auction processes, including, without limitation: (a) the Registry’s or our ability or inability to reserve a name in the .BUZZ TLD through this process, and (b) any dispute between any parties arising in connection with this process.
I. Registry. The party operating as ‘Registry’ for .CLUB is .Club Domains LLC.
II. Registry Website. The Registry Website is located at http://www.dotclub.com.
III. Indemnity. You agree to indemnify, defend and hold harmless the Registry and NeuStar, Inc. and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the Registrant’s .club domain name registration. This indemnification obligation survive the termination or expiration of this Registration Agreement.
IV. Orphan records. The Registry reserves the right to take immediate action to remove orphan glue records (as defined at http://www.icann.org/en/committees/security/sac048.pdf) when provided with evidence in written form that such records are present in connection with malicious conduct.
I. Registry. The party operating as ‘Registry’ for .TOKYO, .NAGOYA and .YOKOHAMA is GMO Registry, Inc.
II. Registry Website. The Registry Website is located at http://www.gmo-registry.com.
III. Indemnity. You agree to indemnify, defend and hold harmless the Registry, including its directors, officers, employees, subcontractors and agents, to the maximum extent required by law, from and against any claims, damages, liabilities, costs and expenses arising out of or relating to any application and/or request for the registration of a domain name made hereunder, the registration of a domain name and/or the use of a domain name. This indemnification obligation survive the termination or expiration of this Registration Agreement.
IV. Personal Data. In addition to clause 6 of this Registration Agreement, you acknowledge and accept that the Registry may make use of such your Personal Data, which use includes the processing, copying, publishing, modifying and making available through the Whois, of any such data, and authorise its subcontractors and agents to do the same, in accordance and compliance with relevant applicable data protection and privacy legislation, and for the sole purposes of allowing Melbourne IT to render domain name registration services under this Registration Agreement.
I. Registry. The party operating as ‘Registry’ for .LUXURY is Luxury Partners LLC.
II. Registry Website. The Registry Website is located at http://www.dotluxury.com.
III. Dispute. You agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time in the Registry Policies, including but not limited to processes for suspension of a domain name intellectual property rights holders, Internet engineering and security experts or other competent claimants for the purpose of upholding the security, stability and integrity of the .LUXURY Registry.
IV. Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, Luxury Partners, LLC, the Registry Operator of the .LUXURY TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Luxury Partners, LLC have vested and that Luxury Partners, LLC has relied on its third party beneficiary rights under this Registration Agreement in agreeing to Melbourne IT being a registrar for the .LUXURY TLD. Additionally, the third party beneficiary rights of Luxury Partners, LLC shall survive any termination of this Registration Agreement.
I. Registry. The party operating as ‘Registry’ for .KIWI is Dot Kiwi Limited.
II. Registry Website. The Registry Website is located at http://www.hello.kiwi/.
III. Acknowledgment. You acknowledge and agree that the Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion to comply with the specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs).
IV. Dispute. You agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time in the Registry Policies, including but not limited to the Dispute Resolution Service (DRS) and Complaint Resolution Service (CRS).
V. Indemnity. You agree to indemnify, defend and hold harmless the Registry and its subcontractors, and its and their employees, directors, officers, representatives, delegates, shareholders, affiliates, agents, successors, and/or assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, the Registrant’s domain name registration. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
VI. Additional Registration Agreement Terms. The following terms and conditions (the Registration Terms) supplement, and are incorporated into, this Registration Agreement between you (you), a registrant, and Melbourne IT. These Registration Terms are part of the Registry Policies. In the event of any conflict between these Registration Terms and any other terms of your Registration Agreement with Melbourne IT, these Registration Terms shall prevail:
1. By applying to register or renew a domain name in this Registry (hereinafter referred to as an Application) or by registering one or more domain name(s), the Registrant hereby acknowledges that they have read and agree to be bound by all terms and conditions of the Registration Agreement, as well as the other documents in the Registry Policies.
The most recent Registry Policies apply to any and all domain name applications, domain names, and domain name registrations in this Registry and explain the terms, conditions, rights, and obligations between the Registry, the registrar and the Registrant. Those parts of the Registry Policies that are not part of the text of these Registration Terms are incorporated herein by reference.
The Registry may, in its sole discretion, modify the Registry Policies from time to time with ninety (90) days prior written notice. The Registry shall post the current version of the Registry Policies on the Registry Website.
The Registrant’s continued registration and/or use of a domain name following the date the most current version of the Registry Policies is posted to the Registry Website, which shall be the effective date, constitutes the Registrant’s acceptance of such revised Registry Policies. In the event that the Registrant does not wish to be bound by the revised Registry Policies, the Registrant’s sole remedy is to cancel the registration of any domain name covered by the Registry Policies, by following the appropriate Registry and/or registrar Policies regarding such cancellation.
2. Registration Fees. The Registrant shall pay to Melbourne IT the appropriate registration fee (Registration Fee) applicable at the time the Registrant submits its Application to Melbourne IT. Payment of the Registration Fee shall be made in accordance with the requirements of Melbourne IT, and the Registry Policies are effective at the time of submission of such application or at the time of payment, whichever is earlier. All Registration Fees paid pursuant to this Registration Agreement are non-refundable except as provided for herein. It is the responsibility of Melbourne IT to pay a separate registration fee to the Registry in connection with such domain name application, and the Registry is not bound to accept any application until such separate Melbourne IT Registration Fee is paid. The Registry will not refund any Registration Fee or other fee to the Registrant in the event of non–performance by Melbourne IT; the Registry disclaims any and all liability for any losses incurred as a result of any Melbourne IT non-performance including where a third party may obtain registration of a domain name for which an Application has been submitted.
3. Registrant Information. The Registry reserves and may exercise the right to suspend and/or terminate the Registrant’s registration of the domain name if: (i) information provided by the Registrant to Melbourne IT and/or Registry appears, in the Registry’s sole discretion, to be false, inaccurate, incomplete, unreliable, or misleading in any respect; or (ii) the Registrant fails to maintain, update, and/or keep all information true, current, complete, accurate, and reliable. In such a circumstance, the Registry may, in its sole discretion, with the cooperation of Melbourne IT, suspend the Registrant’s domain name(s) upon the Registry’s receipt of knowledge that such information is deficient. The Registrant acknowledges that a breach of this Section will constitute a material breach of these Registration Terms and the Registration Agreement, which will entitle the Registry or Melbourne IT to terminate this Registration Agreement, resulting in suspension and/or deletion of the domain name, immediately upon such breach without any refund of the Registration Fee and without any obligation of notice to the Registrant.
4. Registrant’s Agents. The Registrant understands, acknowledges, and agrees that by using the domain name, the Registrant accepts the terms and conditions of and is bound by these Registration Terms and the Registration Agreement (including the Registry Policies), even if an agent (such as an Internet service provider, domain name retailer, domain name reseller, or employee) entered into the Registration Agreement on the Registrant’s behalf, and even if the Registrant has not itself read these Registration Terms or the Registration Agreement and/or the Registry Policies. Further, the Registrant understands, acknowledges and agrees that it is responsible for all information submitted by its agent. The Registry may, but will not be bound to, cancel the Registration Agreement due to any errors or omissions by the Registrant’s agent in the registration process or thereafter (e.g., if such agent provides incorrect information), as the agent’s apparent authority will be deemed actual authority and will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registry that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Registrant Agreement (including the Registry Policies).
5. Scope of Registration. On payment of the Registration Fee to Melbourne IT (and after payment by Melbourne IT to the Registry of the separate registrar registration fee), and after acceptance of the application, the Registrant will be entitled to a limited license for the exclusive use of the applied-for domain name which, in the event of sale, assignment, sublicense, or otherwise, the registration and use of the domain name shall at all times be subject to continuing compliance with the terms of these Registration Terms and the Registration Agreement and the Registry Policies, for the duration of the Term. However, the Registrant may not sublicense, use, display, exploit, or register a domain name in any manner which, in the sole discretion of the Registry or its delegate, may constitute illegal activity or cause or permit any contravention or violation of the Registry Policies or these Registration Terms or the Registration Agreement, whether or not in connection with the registered domain name. In the event of any assignment, sub-license or similar transaction, the Registrant remains responsible for complying with all terms and conditions of these Registration Terms and the Registration Agreement, and accepts liability for any harm caused by such sublicensor or third party’s use of the domain name in contravention of these Registration Terms or the Registration Agreement or the Registry Policies. The Registrant acknowledges that a breach of this Section by the Registrant and/or its agent, assignee, sub- licensor, or any other third party, will constitute a material breach of these Registration Terms and the Registration Agreement, which will entitle the Registry to terminate this Registration Agreement or take such other action as it deems necessary or desirable, without any refund of the Registration Fee, at the Registry’s sole discretion. Further, in the event of such termination, the Registry or Melbourne IT may, in such party’s sole discretion, refuse registration of domain names by Registrant or discontinue services with respect to the Registrant’s domain name or any other domain name which, in the sole discretion of the Registry or its delegate, it deems to be related, including but not limited to other domain names registered by the same Registrant and/or agent. In case of such refusal or discontinuation without cause (“cause” being defined as dishonouring any payment made to an Melbourne IT and/or the Registry or any violation of the Registry Policies), neither the Registry nor Melbourne IT shall be liable for any loss, damage, or other injury whatsoever, including but not limited to economic or consequential loss and/or damages, resulting from the Registry’s or Melbourne IT’s refusal to register, or decision to discontinue services for, the Registrant’s domain name, including to the extent permitted by applicable law in cases of negligence.
6. Registrant Representations and Warranties. The Registrant represents, warrants, and covenants that:
7. Breach and Cure. Failure of a Registrant to abide by any provision of these Registration Terms or the Registration Agreement and all other Registry Policies will be considered a material breach. In the event of such material breach, the Registry may in its sole discretion, with the cooperation of Melbourne IT, suspend, lock, modify, or transfer the domain name and/or may provide written (which may be by email) notice to the Registrant describing the material breach. In any event, where the Registry gives notice, by way of Melbourne IT, to the Registrant, that there is a breach, the Registrant shall rectify, cure, or refute within thirty (30) days. In the event a breach is not rectified, cured, or refuted by the Registrant to Registry’s sole satisfaction within the thirty (30) day period, the Registry may cancel or otherwise modify the Registrant’s registration of and license to use the domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be waived in the event that the Registry did not act earlier in response to the specific breach, or any other breach, by Registrant. In the event of a breach which, in the sole discretion of the Registry or Melbourne IT, causes or is likely to cause immediate harm to the public interest or the Registry, or which violates or is likely to violate any applicable law or regulation, then an Melbourne IT and/or the Registry may, with the cooperation of Melbourne IT, modify, suspend, transfer, or terminate services to the Registrant without written notice; the modification, suspension, transfer, or termination of services constituting notice to Registrant that such a breach has occurred. See below for important limitations on the liability of the Registry and Melbourne IT with regard to acts by such parties under this Section.
The Registry may delegate authority to:
In such circumstances, neither the Registry, Melbourne IT, nor their respective employees, directors, officers, affiliates, representatives, delegates, shareholders, agents, successors, and/or assigns nor any external service provider or Internet security agency triggering the suspension or transfer shall be liable to the Registrant or any other person on account of any service disruption or loss, irrespective of the nature of that loss.
8. Disputes Between Registrants. The Registrant acknowledges that the Registry cannot, and does not, screen or otherwise review any Application to verify that the Registrant has the legal right to use a particular character string as or in a domain name, or that the Registrant will not infringe the rights of a third party. In the event that any third party disputes the Registrant’s legal right to use, display, exploit, or register the domain name in any fashion, including allegations that infringing material is displayed on or forwarded, including via the use of frames, to a website which is resolved via the domain name or that the registration or use of the domain name itself infringes the third party’s rights, the Registrant shall act in accordance with and agree to be bound by the ICANN-mandated URS, UDPR, applicable ICANN Consensus Policies, and the Registry’s CRS and DRS. The Registrant will be solely liable in the event that the Registrant’s use of the domain name constitutes an infringement or other violation of a third party’s rights.
9. Indemnity. The Registrant shall indemnify and hold harmless the Registry, Melbourne IT, and such parties’ officers, directors, shareholders, owners, managers, employees, agents, representatives, contractors, affiliates, successors, assigns, and attorneys (the Registry Related Parties) from and against any and all claims made by third parties against the Registrant or Registry Related Parties, including, but not limited to, all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including lawyers or attorneys’ fees, which fees shall be determined on a full indemnity basis (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party), and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of domain name registration or other services, or the domain name itself, including the Registrant’s use, display, exploitation, or registration of the domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations but will not be required to do so in order to rely upon this indemnity. Failure to provide such written assurances in a form satisfactory to the indemnified party is a material breach of the Registration Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, transfer, or modification of the domain name registration services and any such termination, suspension, transfer, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise.
10. DISCLAIMER AND LIMITATION OF LIABILITY. THE REGISTRANT ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE THE DOMAIN NAME OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY AND/OR REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY’S LIABILITY FOR ANY BREACH OF A CONDITION OR WARRANTY IMPLIED BY ANY OF THE REGISTRY POLICIES, INCLUDING THE NAMING POLICY, ACCEPTABLE USE POLICY, REGISTRANT AGREEMENT, PRIVACY & WHOIS POLICY, COMPLAINT RESOLUTION SERVICE, DISPUTE RESOLUTION SERVICE, AND/OR THE REGISTRY–REGISTRAR AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO ONE OF THE FOLLOWING (AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION):
ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM “HACKING,” DENIAL OF SERVICE ATTACK, VIRUS, WORM, OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME OR SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT THE REGISTRY OR A REGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY THE REGISTRY AND/OR A REGISTRY RELATED PARTY, BY OR THROUGH THE REGISTRY COMPLAINT RESOLUTION SERVICE OR DISPUTE RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND/OR REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE DOMAIN NAME OR, AT THE SOLE DISCRETION OF THE REGISTRY, A REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THE REGISTRATION AGREEMENT.
IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, TELECOMMUNICATION FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS- DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE REGISTRY TOP-LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES’ BREACH OF THIS AGREEMENT OR NEGLIGENCE OF ANY TIME SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE DOMAIN NAME OR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THE REGISTRATION AGREEMENT. THE REGISTRANT’S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THE REGISTRATION AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY THE REGISTRANT.
11. Notices. Notices to the Registry shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) to: Dot Kiwi Limited, PO Box 8207, Symonds Street, Auckland, New Zealand. Notices mailed by official mail shall be deemed delivered on signed receipt. Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable receipted commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the Registry or its agent such as a Registry Related Party, by email or fax to the Registrant’s email address or fax number as recorded in the Whois; such notice to be deemed delivered upon transmission.
12. Governing Law/Forum Selection. For all disputes in which the Registry may be or is a party, these Registration Terms and the Registration Agreement shall be exclusively governed by and construed in accordance with the laws of New Zealand and applicable to contracts made and wholly performed therein, without regard to conflict of laws principles. The Registrant hereby irrevocably consents to the exclusive jurisdiction of the Courts of New Zealand, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the domain name, these Registration Terms or the Registration Agreement, or Registry Policies. The exclusive venue for such action shall be the Courts of New Zealand. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Registry, disputes not involving the Registry as a party may be governed by the governing law and/or forum selection specified in clause 17 of the Registration Agreement.
13. Ownership of Information and Data. Subject to any limitations of the privacy laws of New Zealand, Registrant agrees and acknowledges that the Registry and/or any Registry delegate shall own all database, compilation, collective, and similar rights, title, and interests worldwide in any domain name database(s) and all information and derivative works generated from the domain name database(s), and that such domain name database may include, without limitation, any information supplied by Registrant or by the Registry that appears or should appear in the Whois or similar information repositories, and any other information generated or obtained in connection with providing domain name registration services.
14. No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
15. Written Agreement. The Registration Agreement constitutes a written agreement between the Registrant and Melbourne IT for the benefit of the Registry even though the Registrant’s Application may be dispatched electronically, and even though the Registry may accept the Application electronically. A printed version of the Registration Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
16. Assignment. The parties agree that the Registry may assign, sub-assign, transfer, sell, license, or sub-license its rights and obligations under the Registration Agreement or any portion thereof to a third party without prior written notice to the Registrant.
17. Survival of Obligations. The parties agree that clauses 18.10(VI)(5) (Scope of Registration), 18.10(VI)(6) (Registrant Representations and Warranties), 18.10(VI)(7) (Breach and Cure), 18.10(VI)(8) (Disputes Between Registrants), 18.10(VI)(9) (Indemnity), 18.10(VI)(10) (DISCLAIMER AND LIMITATION OF LIABILITY), 18.10(VI)(11) (Notices), 18.10(VI)(12) (Governing Law/Forum Selection) and 18.10(VI)(13) (Ownership of Information and Data) shall survive the expiry or termination of the Registration Agreement.
18. Third Party Beneficiary. The Registry is an intended third party beneficiary of the Registration Agreement with rights to enforce its terms in respect of the .KIWI TLD. The Registrant agrees to cooperate with the Registry or Melbourne IT in Registration Agreement compliance-related matters.
I. Registry. The party operating as ‘Registry’ for the associated New gTLD can be determined by referring to the list located here.
For clarity, a reference to ‘Registry’ or ‘New gTLD’ in this clause shall be interpreted as an individual reference to each such party and the corresponding New gTLD, as offered for purchase by Melbourne IT (as listed above in the heading of this clause).
II. Registry Website. The Registry Website is located at http://www.radixregistry.com.
III. Acknowledgment. You acknowledge and agree that the Registry reserves the right to deny, delete, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion to comply with the specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs).
IV. Pricing. You acknowledge and agree that registration and renewal fee for some domain names in these New gTLDs are variable and may differ from registration and renewal fees for other domain names within those New gTLDs. This includes but is not limited to non-standard pricing for premium domain registration and renewal fees. You agree that registration, renewal and transfers fees for domain names in these New gTLDs are variable.
V. Indemnity. You agree to indemnify, defend and hold harmless the Registry, the Registry’s service provider and its and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating in any way, for any reason whatsoever, to the registrant’s domain name registration, any breach of this Registration Agreement with Melbourne IT and any use of the domain name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
I. Registry. The party operating as ‘Registry’ for .BUILD is Plan Bee LLC.
II. Registry Website. The Registry Website is located at http://www.dotbuild.co.
III. Indemnity. You agree to indemnify, defend and hold harmless Registry, and its subcontractors, directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registrant’s domain name registration. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
IV. Disputes. Submit to proceedings commenced under other dispute policies as set forth by Registry from time to time in the Registry Policies, including but not limited to processes for suspension of a domain name intellectual property rights holders, Internet engineering and security experts or other competent claimants for the purpose of upholding the security, stability and integrity of the .BUILD Registry.
V. Third Party Beneficiaries. Notwithstanding anything in this Agreement to the contrary, Plan Bee, LLC, the Registry Operator of the .BUILD TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Plan Bee, LLC have vested and that Plan Bee, LLC has relied on its third party beneficiary rights under this Agreement in agreeing to Melbourne IT being a registrar for the .BUILD TLD. Additionally, the third party beneficiary rights of Plan Bee, LLC shall survive any termination of this Agreement.
I. Registry. The party operating as ‘Registry’ for .CEO is CEOTLD Pty Ltd.
II. Registry Website. The Registry Website is located at http://www.nic.ceo.
III. Acknowledgment. You acknowledge and agree that the Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs); (2) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration; (3) if required by a URS, UDRP, CRS proceeding; or (4) for the non-payment of fees to the Registry.
IV. Dispute. You agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time in the Registry Policies, including but not limited to the Complaint Resolution Service (CRS).
V. Indemnity. You agree to indemnify and hold harmless the Registry and its subcontractors, and its and their employees, directors, officers, representatives, delegees, shareholders, affiliates, agents, successors, and/or assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, the Registrant’s domain name registration. This indemnification obligation will survive the termination or expiration of this Registration Agreement.
VI. Additional Registration Agreement Terms. . The following terms and conditions (the Registration Terms) supplement, and are incorporated into, this Registration Agreement between you (the Registrant, or you), a registrant, and Melbourne IT, the ICANN Accredited registrar that you have used to register or reserve a name in the .CEO TLD. As between you and CEOTLD Pty Ltd, (the Registry, or we), in the event of any conflict between these Registration Terms and any other terms of your Registration Agreement with Melbourne IT, these Registration Terms shall prevail.
These Registration Terms are part of the Registry’s Registry Policies, which form a cohesive framework and must be read in conjunction with one another, as well as with other applicable agreements, policies, laws, and regulations which, taken together, represent the entirety of your obligations and responsibilities with regard to any .CEO TLD domain name registration.
Terms and Conditions
1. By applying to register or renew a domain name in the .CEO TLD (hereinafter referred to as an Application) or by registering one or more domain name(s), the Registrant hereby acknowledges that they have read and agree to be bound by all terms and conditions of this Registration Agreement (including without limitation these Registration Terms), as well as the other documents in the Registry Policies.
The most recent Registry Policies apply to any and all domain name applications, domain names, and domain name registrations in the .CEO TLD and explain the terms, conditions, rights, and obligations between the Registry, the Registrar, and the Registrant. Those parts of the Registry Policies that are not part of the text of this Registration Agreement are incorporated into this Registration Agreement by this reference.
The Registry may, in its sole discretion, modify the Registry Policies at any time and from time to time. The Registry shall post the current version of the Registry Policies on the Registry Website. The Registry may inform Melbourne IT of changes to the Registry Policies via email, and Melbourne IT may in turn notify the Registrant of any changes thereto; the Registrant agrees that such email shall not be considered spam; however, neither the Registry nor Melbourne IT shall not be obligated to provide such notice via email or otherwise. The Registrant agrees to check the Registry Website periodically for Registry Policy updates.
The Registrant’s continued registration and/or use of a domain name following the date the most current version of the Registry Policies is posted to the Registry Webpage, which shall be the effective date, constitutes the Registrant’s acceptance of such revised Registry Policies. In the event that the Registrant does not wish to be bound by the revised Registry Policies, the Registrant’s sole remedy is to cancel the registration of any domain name covered by the Registry Policies, by following the appropriate Registry and/or Melbourne IT policies regarding such cancellation.
2. Registration Fee. The Registrant shall pay to Melbourne IT the appropriate registration fee (Registration Fee) applicable at the time the Registrant submits its Application to Melbourne IT. Payment of the Registration Fee shall be made in accordance with the requirements of Melbourne IT, and the Registry Policies are effective at the time of submission of such application or at the time of payment, whichever is earlier. All Registration Fees paid pursuant to this Registration Agreement are non-refundable except as provided for herein. It is the responsibility of Melbourne IT to pay a separate registration fee to the Registry in connection with such domain name application, and the Registry is not bound to accept any application until such separate registration fee is paid by Melbourne IT. The Registry will not refund any Registration Fee or other fee to the Registrant in the event of non–performance by Melbourne IT; the Registry disclaims any and all liability for any losses incurred as a result of any non-performance by Melbourne IT including where a third party may obtain registration of a domain name for which an Application has been submitted.
3. Term and Renewal Term. The Registrant’s exclusive registration of the domain name shall continue for the term specified in the accepted application (the Term), subject to the Registry’s and/or Melbourne IT’s right to suspend or terminate the domain name pursuant to this Registration Agreement and the Registry Policies, which are incorporated herein by reference. Domain name registrations may be made for an annual term of between one (1) and ten (10) years.
4. Registrant Information. The Registrant shall ensure that the information submitted by or on behalf of the Registrant to Melbourne IT in connection with registration of the domain name or otherwise (Registrant Information), will, throughout the Term, comply with the Registry Policies as may be in effect from time to time and will remain true, current, complete, accurate, and reliable. The Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by immediately making such changes in their account with Melbourne IT as registrar. The Registry reserves and may exercise the right to suspend and/or terminate the Registrant’s registration of the domain name if: (i) information provided by the Registrant to Melbourne IT and/or Registry appears, in the Registry’s sole discretion, to be false, inaccurate, incomplete, unreliable, or misleading in any respect; or (ii) the Registrant fails to maintain, update, and/or keep the Registrant Information true, current, complete, accurate, and reliable. In such a circumstance, the Registry may, in its sole discretion, with the cooperation of Melbourne IT, suspend the Registrant’s domain name(s) upon the Registry’s receipt of knowledge that such information is deficient. The Registrant acknowledges that a breach of this Section will constitute a material breach of this Registration Agreement, which will entitle the Registry to terminate this Registration Agreement, resulting in suspension and/or deletion of the domain name, immediately upon such breach without any refund of the Registration Fee and without any obligation of notice to the Registrant. The Registry shall not be liable to the Registrant or any third party either for taking action, or failing or declining to take action for the Registrant’s violation of this section.
5. Registrant’s Agents. The Registrant understands, acknowledges, and agrees that by using the domain name, the Registrant accepts the terms and conditions of and is bound by this Registration Agreement (including the Registry Policies incorporated into this Registration Agreement), even if an agent (such as an Internet service provider, domain name retailer, domain name reseller, or employee) entered into this Registration Agreement on the Registrant’s behalf, and even if the Registrant has not itself read this Registration Agreement and/or the Registry Policies. Further, the Registrant understands, acknowledges and agrees that it is responsible for all information submitted by its agent. The Registry may, but will not be bound to, cancel this Registration Agreement due to any errors or omissions by the Registrant’s agent in the registration process or thereafter (e.g., if such agent provides incorrect Registrant Information), as the agent’s apparent authority will be deemed actual authority and will suffice to bind the Registrant. By acting on the Registrant’s behalf, such agent represents and warrants to the Registry that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Registration Agreement (including the Registry Policies incorporated into this Registration Agreement).
6. Scope of Registration. On payment of the Registration Fee to Melbourne IT and after payment by Melbourne IT to the Registry of the separate Melbourne IT registrar registration fee, and after acceptance of the application, the Registrant will be entitled to a limited license for the exclusive use of the applied-for domain name which, in the event of sale, assignment, sublicense, or otherwise, the registration and use of the domain name shall at all times be subject to continuing compliance with the terms of this Registration Agreement and the Registry Policies, for the duration of the Term. However, the Registrant may not sublicense, use, display, exploit, or register a domain name in any manner which, in the sole discretion of the Registry or its delegee, may constitute illegal activity or cause or permit any contravention or violation of the Registry Policies, whether or not in connection with the registered domain name. In the event of any assignment, sub-license or similar transaction, the Registrant remains responsible for complying with all terms and conditions of this Registration Agreement, and accepts liability for any harm caused by such sub-licensor or third party’s use of the domain name in contravention of this Registration Agreement or the Registry Policies. The Registrant acknowledges that a breach of this Section by the Registrant and/or its agent, assignee, sub-licensor, or any other third party, will constitute a material breach of this Registration Agreement, which will entitle the Registry to terminate this Registration Agreement or take such other action as it deems necessary or desirable, without any refund of the Registration Fee, at the Registry’s sole discretion. Further, in the event of such termination, the Registry or Melbourne IT may, in such party’s sole discretion, refuse registration of domain names by Registrant or discontinue services with respect to the Registrant’s domain name or any other domain name which, in the sole discretion of the Registry or its delegee, it deems to be related, including but not limited to other domain names registered by the same Registrant and/or agent. In case of such refusal or discontinuation without cause (“cause” being defined as dishonouring any payment made to Melbourne IT and/or the Registry or any violation of the Registry Policies), neither the Registry nor Melbourne IT shall be liable for any loss, damage, or other injury whatsoever, including but not limited to economic or consequential loss and/or damages, resulting from the Registry’s or Melbourne IT’s refusal to register, or decision to discontinue services for, the Registrant’s domain name, including to the extent permitted by applicable law in cases of negligence.
7. Registrant Representations and Warranties. The Registrant represents, warrants, and covenants that:
8. Breach and Cure. Failure of a Registrant to abide by any provision of this Registration Agreement and all other Registry Policies will be considered a material breach. In the event of such material breach, the Registry may in its sole discretion, with the cooperation of Melbourne IT, suspend, lock, modify, or transfer the domain name and/or may provide written (which may be by email) notice to the Registrant describing the material breach. In any event, where the Registry gives notice, by way of Melbourne IT, to the Registrant, that there is a breach, the Registrant shall rectify, cure, or refute within thirty (30) calendar days. In the event a breach is not rectified, cured, or refuted by the Registrant to Registry’s sole satisfaction within the thirty (30) day period, the Registry may cancel or otherwise modify the Registrant’s registration of and license to use the domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be waived in the event that the Registry did not act earlier in response to the specific breach, or any other breach, by Registrant. In the event of a breach which, in the sole discretion of the Registry or Melbourne IT, causes or is likely to cause immediate harm to the public interest or the Registry, or which violates or is likely to violate any applicable law or regulation, then Melbourne IT and/or the Registry may, with the cooperation of Melbourne IT, modify, suspend, transfer, or terminate services to the Registrant without written notice; the modification, suspension, transfer, or termination of services constituting notice to Registrant that such a breach has occurred. See below for important limitations on the liability of the Registry and Melbourne IT with regard to acts by such parties under this Section.
The Registry may delegate authority to:
In such circumstances, neither the Registry, Melbourne IT, nor their respective employees, directors, officers, affiliates, representatives, delegees, shareholders, agents, successors, and/or assigns nor any external service provider or Internet security agency triggering the suspension or transfer shall be liable to the Registrant or any other person on account of any service disruption or loss, irrespective of the nature of that loss.
9. Disputes Between Registrants. The Registrant acknowledges that the Registry cannot, and does not, screen or otherwise review any Application to verify that the Registrant has the legal right to use a particular character string as or in a domain name, or that the Registrant will not infringe the rights of a third party. In the event that any third party disputes the Registrant’s legal right to use, display, exploit, or register the domain name in any fashion, including allegations that infringing material (as defined in the Acceptable Use Policy) is displayed on or forwarded, including via the use of frames, to a website which is resolved via the domain name or that the registration or use of the domain name itself infringes the third party’s rights, the Registrant shall act in accordance with and agree to be bound by the ICANN-mandated URS, UDRP, applicable ICANN Consensus Policies, and the Registry’s CRS. The Registrant will be solely liable in the event that the Registrant’s use of the domain name is found to constitute an infringement or other violation of a third party’s rights.
10. Indemnity. The Registrant shall indemnify and hold harmless the Registry, Melbourne IT, and such parties’ officers, directors, shareholders, owners, managers, employees, agents, representatives, contractors, affiliates, successors, assigns, and attorneys (the Registry Related Parties) from and against any and all claims made by third parties against the Registrant or Registry Related Parties, including, but not limited to, all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including lawyers or attorneys’ fees, which fees shall be determined on a full indemnity basis (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party), and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Registration Agreement, the registration or use of domain name registration or other services, or the domain name itself, including the Registrant’s use, display, exploitation, or registration of the domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant’s indemnification obligations but will not be required to do so in order to rely upon this indemnity. Failure to provide such written assurances in a form satisfactory to the indemnified party is a material breach of this Registration Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, transfer, or modification of the domain name registration services and any such termination, suspension, transfer, or modification shall in no way prejudice or substitute for an indemnified party’s right to seek indemnification by way of litigation or otherwise.
11. DISCLAIMER AND LIMITATION OF LIABILITY. THE REGISTRANT ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE THE DOMAIN NAME OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY AND/OR REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY’S LIABILITY FOR ANY BREACH OF A CONDITION OR WARRANTY IMPLIED BY ANY OF THE REGISTRY POLICIES, INCLUDING THE NAMING POLICY, ACCEPTABLE USE POLICY, REGISTRANT AGREEMENT, PRIVACY & WHOIS POLICY, COMPLAINT RESOLUTION SERVICE, AND/OR THE REGISTRY–REGISTRAR AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO ONE OF THE FOLLOWING (AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION:
ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM “HACKING,” DENIAL OF SERVICE ATTACK, VIRUS, WORM, OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME OR SERVICES RELATED TO THE DOMAIN NAME.
IN THE EVENT THAT THE REGISTRY OR A REGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY THE REGISTRY AND/OR A REGISTRY RELATED PARTY, BY OR THROUGH THE REGISTRY COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND/OR REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE DOMAIN NAME OR, AT THE SOLE DISCRETION OF THE REGISTRY, A REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS REGISTRATION AGREEMENT.
IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, TELECOMMUNICATION FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS REGISTRATION AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE REGISTRY TOP-LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT’S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES’ BREACH OF THIS AGREEMENT OR NEGLIGENCE OF ANY TIME SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE DOMAIN NAME OR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS REGISTRATION AGREEMENT. THE REGISTRANT’S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS REGISTRATION AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY THE REGISTRANT.
12. Notices. Notices to the Registry shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) to:
CEOTLD Pty Ltd
322/5 Lime Street, Sydney
2000
AUSTRALIA
Notices mailed by official mail shall be deemed delivered on signed receipt.
Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable receipted commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the Registry or its agent such as a Registry Related Party, by email or fax to the Registrant, such notice to be deemed delivered upon transmission.
13. Governing Law/Forum Selection. For all disputes in which the Registry may be or is a party, this Registration Agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Australia and applicable to contracts made and wholly performed therein, without regard to conflict of laws principles. The Registrant hereby irrevocably consents to the exclusive jurisdiction of the Courts of the Commonwealth of Australia, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the domain name, this Registration Agreement, or Registry Policies. The exclusive venue for such action shall be the Courts of the Commonwealth of Australia. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Registration Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Registry, disputes not involving the Registry as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between Melbourne IT and a Registrant may be governed by a separate agreement, if any, between the Registrant and Melbourne IT); provided, however, that no such separate agreement may modify or waive either the Registry’s or Registrant’s consent to exclusive choice of law, jurisdiction, and venue in the Commonwealth of Australia for disputes in which the Registry is or may be a party, as described above.
14. Ownership of Information and Data. Subject to any limitations of the privacy laws of the Commonwealth of Australia, Registrant agrees and acknowledges that the Registry and/or any Registry delegee shall own all database, compilation, collective, and similar rights, title, and interests worldwide in any domain name database(s) and all information and derivative works generated from the domain name database(s), and that such domain name database may include, without limitation, any information supplied by Registrant or by the Registry that appears or should appear in the Whois or similar information repositories, and any other information generated or obtained in connection with providing domain name registration services.
15. Severability. If any provision of this Registration Agreement or the Registry Policies is held invalid, unenforceable, or void, the remainder of the Registration Agreement or the Registry Policies, as applicable, shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of Melbourne IT, Registry, and Registrant in executing this Registration Agreement.
16. No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Registration Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
17. Full Integration. This Registration Agreement, as it may be modified at any time and from time to time as provided for herein, together with the Registry Policies, as they may be modified at any time and from time to time, expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and Melbourne IT for the benefit of the Registry relating to the domain name. No prior or contemporaneous written, oral, and/or electronic representation, negotiation, or agreement form a part of this Registration Agreement, and this Registration Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and the Registry relating to the domain name. Additional agreements, if any, may be entered into between the Registrant and Melbourne IT relating to domain name services provided by Melbourne IT, provided that no such additional agreement may waive, alter, or supersede any provision of this Registration Agreement, neither may such an additional agreement impose any obligation upon the Registry without the Registry’s express prior written consent. If there is any conflict between such additional agreements and this Registration Agreement, this Registration Agreement shall prevail.
18. Written Agreement. This Registration Agreement constitutes a written agreement between the Registrant and Melbourne IT for the benefit of the Registry even though the Registrant’s Application may be dispatched electronically, and even though the Registry may accept the Application electronically. A printed version of this Registration Agreement, and of any notice given in electronic form related to this Registration Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
19. Assignment. The parties agree that the Registry may assign, sub-assign, transfer, sell, license, or sub-license its rights and obligations under this Registration Agreement or any portion thereof to a third party without prior written notice to the Registrant.
20. Survival of Obligations. The parties agree that clauses 6 (Scope of Registration), 7 (Registrant Representations and Warranties), 8 (Breach and Cure), 9 (Disputes Between Registrants), 10 (Indemnity), 11 (DISCLAIMER AND LIMITATION OF LIABILITY), 12 (Notices), 13 (Governing Law/Forum Selection), 14 (Ownership of Information and Data), and 15 (Severability) of these Registration Terms shall survive the expiry or termination of this Registration Agreement.
21. Headings: The headings of sections contained in this Registration Agreement are inserted solely for convenience and ease of reference only and shall not constitute any part of this agreement, or have any effect on its interpretation or construction Registry or Registrar in Registration Agreement compliance-related matters. There are no other third party beneficiaries of this Registration Agreement.
THIS REGISTRATION AGREEMENT IS AND THE REGISTRY POLICIES ARE EFFECTIVE AND BINDING AS OF THE TIME OF SUBMISSION, BY THE REGISTRANT, AN APPLICATION FOR A DOMAIN NAME OR AT THE TIME OF PAYMENT, WHICHEVER IS EARLIER.
I. Registry. The party operating as ‘Registry’ for .LONDON is Dot London Domains Limited.
II. Registry Website. The Registry Website is located at http://www.nic.london.
III. Indemnity. You agree to indemnify and hold harmless the Registry and its subcontractors, and its and their directors, officers, employees, agents and affiliates from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, the Registrant’s domain name registration. This indemnification obligation will survive the termination or expiration of this Registration Agreement.
IV. Additional Registration Agreement Terms. The following terms and conditions (the Registration Terms) supplement, and are incorporated into, this Registration Agreement between you (the Registrant, or you), a registrant, and Melbourne IT, the ICANN Accredited registrar that you have used to register or reserve a name in the .LONDON TLD (the Domain Name). As between you and Dot London Domains Limited, (the Registry, or we), in the event of any conflict between these Registration Terms and any other terms of your Registration Agreement with Melbourne IT, these Registration Terms shall prevail.
Terms and Conditions
1. London Nexus. Subject to the Registry Policies, Domain Names are available to individuals or entities who have a physical address in London (comprising the City of London and 32 London Boroughs); or who in good faith declare that they have an affiliation with or interest in London, such as to provide information, or offer products, goods or services, relevant to London or Londoners.
If when you apply to register or renew a Domain Name or at any time during the Registration Term of the Domain Name you do not have an address in London, you are automatically making a declaration that you have the necessary affiliation with or interest in London.
2. The Policies. By applying to register or renew a Domain Name in the .LONDON Registry (hereinafter referred to as an Application) or by registering one or more Domain Name(s), you agree and acknowledge that in addition to the terms of this Registration Agreement the Domain Name(s) will be subject to the policies being:
Copies of the Registry Policies are available on the Registry Website.
You recognise and acknowledge that the Registry Policies may be changed by the Registry on reasonable notice. Notice may be given in an email to a contact email address you have provided in connection with your registration, or on the Registry Website.
The ICANN Policies that apply from time to time and the procedures and circumstances in which they may be changed are to be found on the ICANN website at http://www.icann.org.
Your continued registration and/or use of a .LONDON Domain Name following the effective date of any changes or additions to the Registry Policies or the ICANN Policies constitute your acceptance of those changed or additional policies. In the event that you do not wish to be bound by the changes or additions your sole remedy is to cancel the registration of the Domain Name(s), by following the appropriate Registry and/or Melbourne IT policies regarding such cancellation.
3. Registration Fee. You shall pay Melbourne IT the appropriate registration fee (Registration Fee) applicable at the time that you submit your Application to Melbourne IT. You acknowledge and accept that Melbourne IT must pay a separate registration fee to the Registry in connection with any Application, and that the Registry need not process or accept any Application if this fee has not been paid to it.
4. Term and Renewal Term. Your registration of the Domain Name shall continue for the term specified in the accepted Application (the Term), subject to suspension or termination pursuant to this Registration Agreement and/or the Registry Policies. Domain Name registrations may be made for an annual term of between one (1) and ten (10) years.
5. Registrant Information.
6. Nature of Registration. On payment of the Registration Fee to Melbourne IT and after payment by Melbourne IT to the Registry of the relevant fee, and after acceptance of the Application, you will be entitled to exclusively use the applied-for Domain Name, for the duration of the Term.
7. Your Obligations. You , agree and represent that:
8. Breach. Failure by you to abide by any provision of this Registration Agreement (including the Registry Policies) will be considered a material breach of the Registration Agreement that will entitle Melbourne IT without further notice to you to terminate the Registration Agreement and to delete or suspend all and any Domain Names registered by you. Your attention is also drawn to the Acceptable Use Policy (which forms part of the Registry Polices), which provides that in certain circumstances, including breach of the Registry Policies, the Registry may delete or suspend or transfer, all and any Domain Names registered by you. In such circumstances any Registration Fee paid in respect of any deleted or suspended or transferred Domain Names shall not be refunded to you.
9. Indemnity. You shall defend, indemnify, and hold harmless the Registry, Melbourne IT and such parties’ officers, directors, shareholders, owners, managers, employees, agents, representatives, contractors, affiliates, successors, assigns and attorneys (the Registry Related Parties) from and against any and all claims made by third parties against the Registrant or Registry Related Parties, including, but not limited to, all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including lawyers’ fees on a full indemnity basis , and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Registration Agreement, including your use, display, exploitation, or registration of the Domain Name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from you that you can satisfy and fulfil your indemnification obligations but will not be required to do so in order to rely upon this indemnity. Failure to provide such written assurances in a form satisfactory to the indemnified party is a material breach of this Registration Agreement.
10. Disclaimer and Limitation of Registry’s Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE, THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY’S SOLE LIABILITY SHALL BE LIMITED TO ONE OF THE FOLLOWING (AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION):
NOTHING IN THIS CLAUSE SHALL LIMIT ANY LIABILITY TO YOU BY REASON OF THE FRAUD OF THE REGISTRY OR ANY CLAIM UNDER ENGLISH LAW ARISING FROM DEATH OR PERSONAL INJURY
11. Governing Law/Forum Selection. This Registration Agreement shall be exclusively governed by and construed in accordance with the laws of England and Wales. You hereby irrevocably consent to the exclusive jurisdiction of the Courts of England and Wales, for any and all claims or disputes in which the Registry is a party and which arise out of, purport to enforce, construe, or otherwise relate to the Domain Name, this Registration Agreement, or any Registry Policy. You waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to the laws of the jurisdiction in which you reside to have a case relating to this Registration Agreement adjudicated or resolved in that jurisdiction.
12. Severability. If any provision of this Registration Agreement is held invalid, unenforceable, or void, the remainder of the Registration Agreement shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of the Registration Agreement.
13. No Waiver. The failure of any party at any time to enforce any right or remedy available to it under this Registration Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
14. Priority of this Registration Agreement. You agree that this Registration Agreement shall take precedence over any agreement between you and Melbourne IT in respect of the Domain Name(s). Additional agreements, if any, may be entered into between you and Melbourne IT, but no such additional agreement may waive, alter, or supersede any provision of this Registration Agreement without the written agreement of the Registry. If there is any conflict between such additional agreements and this Registration Agreement, this Registration Agreement shall prevail.
15. Assignment. The parties agree that the Registry is able to assign, sub-assign, license, or sub-license its rights under this Registration Agreement or any portion thereof to a third party without prior written notice to the Registrant.
16. Survival of Obligations. The parties agree that clauses 18.14(IV)(6) (Nature of Registration), 18.14(IV)(7) (Your Obligations), 18.14(IV)(9) (Indemnity), 18.14(IV)(10) (Disclaimer and Limitation of Registry’s Liability), and 18.14(IV)(12) (Severability) shall survive the expiry or termination of this Registration Agreement.
17. No Agency and Third Party Rights. The Registry is not a party to this Registration Agreement and Melbourne IT does not act as Agent for the Registry. However, the Registry and each of the Registry Related Parties are an intended beneficiary of any right granted to it by this Registration Agreement with the ability to enforce that right directly against you (whether under the Third Contracts (Rights of Third Parties) Act 1999 or otherwise). You and Melbourne IT also acknowledge that the Registry in permitting the registration of a Domain Name and also in allowing a Domain Name to remain registered in the .LONDON Top Level Domain, relies upon the fact that you and Melbourne IT have agreed to the terms of this Registration Agreement.
THIS REGISTRATION AGREEMENT IS EFFECTIVE AND BINDING as of the date of acceptance hereof by THE REGISTRY (i.e., the date of registration of the Domain Name).
I. Registry. The party operating as ‘Registry’ for .MELBOURNE is the State of Victoria (represented by the Department of State Development, Business and Innovation). The party operating as ‘Registry’ for .SYDNEY is the State of New South Wales, Department of Premier and Cabinet. The party operating as ‘Registry’ for .STUDY and .COURSES is Open Universities Australia Pty Ltd (ACN 053 431 888)
II. Registry Website. The Registry Website for .MELBOURNE is located at http://nic.melbourne/. The Registry Website for .SYDNEY is located at http://nic.sydney/. The Registry Website for .STUDY is located at http://nic.study/. The Registry Website for .COURSES is located at http://nic.courses/.
III. Definitions. The following definitions apply to this clause:
Special Allocation Procedure means processes or requirements specified by the Registry or TMCH for the purposes of allocating Domain Names deemed as Premium Names or subject to TMCH-related procedures.
Premium Names means Domain Names so designated by the Registry in its sole discretion subject to Registry Policies.
IV. Indemnity. You agree:
V. Acknowledgement. You agree and acknowledge the following:
VI. Fees. You agree and acknowledge the following:
VII. Obligations for Special Allocation Procedures. You agree and acknowledge the following:
I. Registry. The party operating as ‘Registry’ for .SUCKS is Vox Populi Registry Ltd.
II. Registry Website. The Registry Website for .SUCKS is located at http://www.registry.sucks/.
III. Indemity. You agree indemnify, defend and hold harmless the Registry and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, your domain name registration. The Registration Agreement shall further require that this indemnification obligation survive the termination or expiration of the Registration Agreement.
I. Registry. The party operating as ‘Registry’ for the associated New gTLD can be determined by referring to the list located here.
For clarity, a reference to ‘Registry’ or ‘New gTLD’ in this clause shall be interpreted as an individual reference to each such party and the corresponding New gTLD, as offered for purchase by Melbourne IT (as listed above in the heading of this clause).
II. Registry Website. Refer to the list located here for the Registry Website.
III. Indemnity. You agree to indemnify, defend and hold harmless the Registry, the Registry’s service provider and its and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating in any way, for any reason whatsoever, to the registrant’s domain name registration, any breach of this Registration Agreement with Melbourne IT and any use of the domain name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
I. Registry. The party operating as ‘Registry’ for the associated New gTLD can be determined by referring to the list located here.
For clarity, a reference to ‘Registry’ or ‘New gTLD’ in this clause shall be interpreted as an individual reference to each such party and the corresponding New gTLD, as offered for purchase by Melbourne IT (as listed above in the heading of this clause).
II. Registry Website. Refer to the list located here for the Registry Website.
III. Indemnity. You agree to indemnify, defend and hold harmless the Registry, the Registry’s service provider and its and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating in any way, for any reason whatsoever, to the registrant’s domain name registration, any breach of this Registration Agreement with Melbourne IT and any use of the domain name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
I. Registry. The party operating as ‘Registry’ for .CLOUD is Aruba PEC.
II. Registry Website. The Registry Website for .CLOUD is located at http://www.nic.cloud/.
III. Indemnity. You agree to indemnify, defend and hold harmless the Registry, the Registry’s service provider and its and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating in any way, for any reason whatsoever, to the registrant’s domain name registration, any breach of this Registration Agreement with Melbourne IT and any use of the domain name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
I. Registry. The party operating as ‘Registry’ for .DESIGN, .WIKI AND .INK is Top Level Design, LLC.
II. Registry Website. The Registry Website is located at http://toplevel.design/.
III. Indemnity. You agree to indemnify, defend and hold harmless the Registry, the Registry’s service provider and its and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating in any way, for any reason whatsoever, to the registrant’s domain name registration, any breach of this Registration Agreement with Melbourne IT and any use of the domain name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.