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SCHEDULE B
Form of Registration Agreement
- AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your" refer to the registrant of each domain name
registration, "we", us" and "our" refer to Cteck Ltd. and
Services refers to the domain name registration provided by us as
offered through Dedicated-Domains.com.. This Agreement explains our
obligations to you, and explains your obligations to us for various Services.
- SELECTION OF A DOMAIN NAME. You represent that:
(i) the data provided in the domain name registration
application is true, correct, up to date and complete,
(ii) to the best of the your knowledge and belief,
neither this registration of a domain name nor the manner in which it is
directly or indirectly to be used infringes upon the legal rights of a third
party;
(iii) that the domain name is not being registered for
nor shall it at any time whatsoever be used for any unlawful purpose whatsoever
(iv) the registered domain name will be used primarily
for bona fide business or commercial purposes and not (a) exclusively for
personal use, or (b) solely for the purposes of (1) selling, trading or leasing
the domain name for compensation, or (2) the unsolicited offering to sell,
trade or lease the domain name for compensation;
(v) you have the authority to enter into this
Registration Agreement; and
(vi) the registered domain name is reasonably related to
your business or intended commercial purpose at the time of registration.
- FEES. As consideration for the Services you have
selected, you agree to pay the RSP the applicable service(s) fees. All
fees payable hereunder are non-refundable. As further consideration for
the Services, you agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process and (2) maintain
and update this information as needed to keep it current, complete and
accurate. All such information shall be referred to as account
information ("Account Information"). By submitting this Agreement, you
represent that the statements in your Application are true, complete and
accurate.
- TERM. This Agreement shall remain in full force
during the length of the term of your domain name registration(s) as selected,
recorded, and paid for upon registration of the domain name. Should you choose
to renew or otherwise lengthen the term of your domain name registration, then
the term of this Registration Agreement shall be extended accordingly. Should
the domain name be transferred to another Registrar, the terms and conditions
of this contract shall cease.
- MODIFICATIONS TO AGREEMENT. You agree that we may: (1)
revise the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. You agree to be bound by any such revision
or change will which shall be effective immediately upon posting on our web
site or upon notification to you by e-mail or your countrys postal
service pursuant to the Notices section of this Agreement. You agree to
review this Agreement as posted on our web site periodically to maintain an
awareness of any and all such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at any time by
providing us with notice by e-mail or postal service pursuant to the Notices
section of this Agreement. Notice of your termination shall be effective
after processing by us. You agree that, by continuing the use of Services
following notice of any revision to this Agreement or change in service(s), you
shall be bound by any such revisions and changes. You further agree to be
bound by the ICANN Uniform Dispute Resolution Policy (Dispute
Policy) as presently written and posted on
http://www.opensrs.org/legal/udrp.shtml
and as shall be amended from time to time. You acknowledge that if you do
not agree to any such modifications, you may request that your domain name be
deleted from the domain name database.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change
any of your account information with us, you must use your Account Identifier
and Password that you selected when you opened your account with us. You
agree to safeguard your Account Identifier and Password from any unauthorized
use. In no event shall we be liable for the unauthorized use or misuse of
your Account Identifier or Password.
- DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by the Dispute Policy that is
incorporated herein and made a part of this Agreement by reference. The
current version of the Dispute Policy may be found at
http://www.opensrs.org/legal/udrp.shtml.
Please take the time to familiarize yourself with this policy.
- DOMAIN NAME DISPUTES. You acknowledge having read
and understood and agree to be bound by the terms and conditions of the
following documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy
(Dispute Policy), available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-Up Dispute Resolution Policy
(SUDRP), available at http://www.neulevel.com/countdown/stop.html;
and
(iii) The Restrictions Dispute Resolution Criteria and
Rules (RDRP), available at http://www.neulevel.com/;
(collectively, Dispute Policies).
The SUDRP sets forth the terms and conditions in
connection with a dispute between a registrant of a .biz domain name
(Registrant) with any third party (other than Neulevel, Inc.
(Registry Operator) or Tucows over the registration or use of a
.biz domain name registered by you that is subject to the Start-up Intellectual
Property Notification Service (SIPNS). SIPNS is a service
introduced by Registry Operator to notify a trademark or service mark holder
(Claimant) that a second-level domain name has been registered in
which that Claimant claims intellectual property rights. In accordance
with the SUDRP and its associated Rules, those Claimants will have the right to
challenge registrations through independent ICANN-accredited dispute resolution
providers.
The Dispute Policy sets forth the terms and conditions
in connection with a dispute between a Registrant and any party other than the
Registry Operator or Registrar over the registration and use of an Internet
domain name registered by Registrant.
he RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business or commercial purposes
shall be endorsed on a case-by-case, fact specific basis by an independent
ICANN-accredited dispute provider.
- POLICY. You agree that your registration of the
domain name shall be subject to suspension, cancellation, or transfer pursuant
to any Tucows, Registry Operator, ICANN or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with an ICANN
or government-adopted policy, (1) to correct mistakes by us or the applicable
Registry in registering the name or (2) for the resolution of disputes
concerning the domain name.
- AGENCY. Should you intend to license use of a
domain name to a third party you shall nonetheless be the domain name holder of
record and are therefore responsible for providing your own full contact
information and for providing and updating accurate technical and
administrative contact information adequate to facilitate timely resolution of
any problems that arise in connection with the domain name. You shall
accept liability for harm caused by wrongful use of the domain name. You
represent that you have provided notice of the terms and conditions in this
Agreement to a third party licensee and that the third party agrees to the
terms hereof.
- LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely limited to the
amount you paid for such Service(s). Neither we nor our contractors or
third party beneficiaries shall be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability to use any
of the Services or for the cost of procurement of substitute services.
Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such jurisdictions, our
liability is limited to the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss or liability
resulting from data non-delivery or data miss-delivery; (3) loss or liability
resulting from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your account identifier or password; (5) loss or
liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree that we will not be
liable for any loss of registration and use of your domain name, or for
interruption of business, or any indirect, special, incidental, or
consequential damages of any kind (including lost profits) regardless of the
form of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages. In no event
shall our maximum liability exceed five hundred ($500.00) dollars.
- INDEMNITY. You agree to release, indemnify, and
hold us, our contractors, agents, employees, officers, directors, affiliates
and third party beneficiaries harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use of the
Services, including without limitation infringement by you, or someone else
using the Service of any intellectual property or other proprietary right of
any person or entity, or from the violation of any of our operating rules or
policy relating to the Service(s) provided. You also agree to release,
indemnify and hold us harmless pursuant to the terms and conditions contained
in the Dispute Policy. When we are threatened with suit by a third party,
we may seek written assurances from you concerning your promise to indemnify
us; your failure to provide those assurances shall be a breach of your
Agreement and may result in deactivation of your domain name.
- BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If within thirty
(30) calendar days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the registration or
reservation of your domain name. Any such breach by you shall not be deemed to
be excused simply because we did not act earlier in response to that, or any
other breach by you.
- NO GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not confer immunity from objection
to either the registration, reservation, or use of the domain name.
- DISCLAIMER OF WARRANTIES. You agree that your use
of our Services is solely at your own risk. You agree that such
Service(s) is provided on an "as is," "as available" basis. We expressly
disclaim all warranties of any kind, whether express or implied, including but
not limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no warranty that the
Services will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any warranty as to
the results that may be obtained from the use of the Service(s) or as to the
accuracy or reliability of any information obtained through the Service or that
defects in the Service will be corrected. You understand and agree that
any material and/or data downloaded or otherwise obtained through the use of
Service is done at your own discretion and risk and that you will be solely
responsible for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the Service or
any transactions entered into through the Service. No advice or information,
whether oral or written, obtained by you from us or through the Service shall
create any warranty not expressly made herein.
- INFORMATION. As part of the registration process,
you are required to provide us certain information and to update us promptly as
such information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
(i) Your name and postal address (or, if different, that
of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the administrative contact
for the domain name;
(iv) The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the billing contact for the domain
name.
Any other information, which we request from you at
registration, is voluntary. Any voluntary information we request is collected
for the purpose of improving the products and services offered to you through
your RSP.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, and to other third
parties as applicable. You further agree and acknowledge that we may make
publicly available, or directly available to third party vendors, some, or all,
of the domain name registration information you provide, for purposes of
inspection (such as through our WHOIS service) or other purposes as required or
permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and
use of information provided by you in connection with the registration of a
domain name (including any updates to such information), whether during or
after the term of your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising from such
disclosure or use of your domain name registration information by us.
You may access your domain name registration information
in our possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by us through
your RSP.
We will not process data about any identified or
identifiable natural person that we obtain from you in a way incompatible with
the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the
information we obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
- REVOCATION. Your wilful provision of inaccurate or
unreliable information, your wilful failure promptly to update information
provided to us, or your failure to respond for over fifteen (15) calendar days
to inquiries by us concerning the accuracy of contact details associated with
the your registration shall constitute a material breach of this Agreement and
be a basis for cancellation of the domain name registration.
- RIGHT OF REFUSAL. We, and/or Registry Operator, in
our sole discretion, reserve the right to refuse to register or reserve your
chosen domain name or register you for other Services. In the event we do
not register or reserve your domain name or register you for other Services, or
we delete your domain name or other Services within such thirty (30) calendar
day period, we agree to refund your applicable fee(s). You agree that we
shall not be liable to you for loss or damages that may result from our refusal
to register, reserve, or delete your domain name or register you for other
Services.
We reserve the right to delete or transfer your domain
name following registration if we believe the registration has been made
possible by a mistake, made either by us or by a third party. We also
reserve the right to suspend a domain name during resolution of a dispute.
- SEVERABILITY. You agree that the terms of this
Agreement are severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent with
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remaining terms and provisions will remain in full force and
effect.
- NON-AGENCY. Nothing contained in this Agreement or
the Dispute Policies shall be construed as creating any agency, partnership, or
other form of joint enterprise between the parties.
- NON-WAIVER. Our failure to require performance by
you of any provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us of a breach of
any provision hereof be taken or held to be a waiver of the provision itself.
- NOTICES. Any notice, direction or other
communication given under this Agreement shall be in writing and given by
sending it via e-mail or via postal service. In the case of e-mail, valid
notice shall only have been deemed to have been given when an electronic
confirmation of delivery has been obtained by the sender. In the case of
e-mail, notifications must be sent to us at
sales@dedicated-domains.com,
or in the case of notification to you, to the e-mail address provided by you in
your WHOIS record. Any e-mail communication shall be deemed to have been
validly and effectively given on the date of such communication, if such date
is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise
it will be deemed to have been delivered on the next business day. In the case
of regular mail notice, valid notice shall be deemed to have been validly and
effectively given 5 business days after the date of mailing and, in the case of
notification to us or to RSP shall be sent to:
Our address:
Cteck Ltd. Windsow
House Poulton-le-Fylde FY6 7HZ
and in the case of notification to
you shall be to the address specified in the Administrative Contact
in your WHOIS record.
- ENTIRETY. You agree that this Agreement, the rules
and policies published by us and the Dispute Policy are the complete and
exclusive agreement between you and us regarding our Services. This Agreement
and the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
- GOVERNING LAW. This Agreement shall be governed by
and interpreted and enforced in accordance with the LAWS OF Province of ontario
and the FEDERAL LAWS OF canada applicable therein without reference to rules
governing choice of laws. Any action relating to this Agreement must be brought
in ontario and you irrevocably consent to the jurisdiction of such courts.
- INFANCY. You attest that you are of legal age to
enter into this Agreement.
- Acceptance of Agreement. YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON
ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN
THIS AGREEMENT.
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