SCHEDULE A
Form of Registration
Agreement
1. AGREEMENT. In this
Registration Agreement ("Agreement") "you" and "your" refer to the registrant
of each domain name registration and/or recipient of email forwarding services,
"we", "us" and "our" refer to Cteck Ltd., "Registry Operator" refers to The
Global Name Registry Ltd. and "Services" refers to the domain name registration
and email forwarding 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.
2. .name RESTRICTIONS.
Registrations in the .name top-level domain must constitute an individual's
"Personal Name". For purposes of the .name restrictions (the "Restrictions"), a
"Personal Name" is a person's legal name, or a name by which the person is
commonly known. A "name by which a person is commonly known" includes, without
limitation, a pseudonym used by an author or painter, or a stage name used by a
singer or actor.
3. .name REPRESENTATIONS. As a
.name domain name Registrant, you hereby represent that:
(i) the
registered domain name or second level domain ("SLD") email address is your
Personal Name.
(ii) the data provided in the domain name registration
application is true, correct, up to date and complete and that you will
continue to keep all of the information provided correct, current and complete,
(iii) 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;
(iv) that the domain name is not being registered for nor shall it at
any time whatsoever be used for any unlawful purpose whatsoever;
(v)
the registration satisfies the Eligibility Requirements found at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm;
and
(vi) you have the authority to enter into this Registration
Agreement.
4. EMAIL FORWARDING SERVICES.
(i) The Services for which you have registered may, at your option,
include email forwarding. To the extent you opt to use email forwarding, you
are obliged to do so in accordance with all applicable legislation and are
responsible for all use of email forwarding, including the content of messages
sent through email forwarding.
(ii) You undertake to familiarize
yourself with the content of and to comply with the generally accepted rules
for Internet and email usage. This includes, but is not limited to the
Acceptable Use Policy, available at http://www.theglobalname.org/ as well
as the following restrictions. Without prejudice to the foregoing, you
undertake not to use email forwarding: (a) to encourage, allow or
participate in any form of illegal or unsuitable activity, including but not
restricted to the exchange of threatening, obscene or offensive messages,
spreading computer viruses, breach of copyright and/or proprietary rights or
publishing defamatory material; (b) to gain illegal access to systems or
networks by unauthorized access to or use of the data in systems or networks,
including all attempts at guessing passwords, checking or testing the
vulnerability of a system or network or breaching the security or access
control without the sufficient approval of the owner of the system or network;
(c) to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding, Denial of Service
(DoS) attacks, wilful attempts to overload another system or other forms of
harassment; or (d) for spamming, which includes, but is not restricted to,
the mass mailing of unsolicited email, junk mail, the use of distribution lists
(mailing lists) which include persons who have not specifically given their
consent to be placed on such distribution list. Users are not permitted to
provide false names or in any other way to pose as somebody else when using
email forwarding.
(iii) Registry Operator reserves the right to
implement additional anti-spam measures, to block spam or mail from systems
with a history of abuse from entering Registry Operator's email forwarding.
However, due to the nature of such systems, which actively block messages,
Registry Operator shall make public any decision to implement such systems a
reasonable time in advance, so as to allow you or us to give feedback on the
decision.
(iv) You understand and agree that Registry Operator may
delete material that does not conform to clause (c) above or that in some other
way constitutes a misuse of email forwarding. You further understand and agree
that Registry Operator is at liberty to block your access to email forwarding
if you use email forwarding in a way that contravenes this Agreement. You will
be given prior warning of discontinuation of the email forwarding unless it
would damage the reputation of Registry Operator or jeopardize the security of
Registry Operator or others to do so. Registry Operator reserves the right to
immediately discontinue email forwarding without notice if the technical
stability of email forwarding is threatened in any way, or if you are in breach
of this Agreement. On discontinuing email forwarding, Registry Operator is not
obliged to store any contents or to forward unsent email to you or a third
party.
(v) You understand and agree that to the extent either we and/or
Registry Operator is required by law to disclose certain information or
material in connection with your email forwarding, either we and/or Registry
Operator will do so in accordance with such requirement and without notice to
you.
5. 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.
6. 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.
7. MODIFICATIONS TO
AGREEMENT. You agree that we may in our sole discretion: (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 country's 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. We will not refund any fees paid by you
if you terminate your agreement with us.
8.
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. You will not be able to transfer your domain name during the first
sixty (60) days following registration of the domain name with us. Beginning on
the sixty-first (61st) day following the registration, the policies set forth
at: http://www.opensrs.org/dotname_info.shtml
shall apply.
9. 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. In addition, you
hereby acknowledge that you have read and understood and agree to be bound by
the terms and conditions of the following documents, as they may be amended
from time to time, which are hereby incorporated and made an integral part of
this Agreement.
(i) the Eligibility Requirements (the "Eligibility
Requirements"), available at
http://www.icann.org.tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(ii) the Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), available at
http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(iii) the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at
http://www.icann.org.tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names
and Personal Name SLD email addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result of a dispute
resolution proceeding or during the landrush procedures in connection with the
opening of the Registry TLD. The following categories of Personal Name
Registrations may be registered: (i) the Personal Name of an individual; (ii)
the Personal Name of a fictional character, if you have trademark or service
make rights in that character's Personal Name; (iii) in addition to a Personal
Name registration, you may add numeric characters to the beginning or the end
of the Personal Name so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to (i) registered domain names and SLD
email address registrations within .name on the grounds that a Registrant does
not meet the Eligibility Requirements, and (ii) to Defensive Registrations (as
defined by the Registry Operator) within .name.
The UDRP sets forth the
terms and conditions in connection with a dispute between a Registrant and
party other than Global Name Registry ("Registry Operator") or Registrar over
the registration and use of an Internet domain name registered by a Registrant.
10. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You
agree that we, in our sole discretion, may modify our dispute policy. We will
post any such revised policy on our Web site at least thirty (30) calendar days
before it becomes effective. You agree that, by maintaining the reservation or
registration of your domain name or SLD email address after modifications to
the dispute policy become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not refund any fees paid by you if you
terminate your Agreement with us.
11. DOMAIN NAME
DISPUTES. You agree that, if your use of our domain name registration
services is challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute. You agree
that in the event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions set forth
below in this agreement. If we are notified that a complaint has been filed
with a judicial or administrative body regarding your use of our domain name
registration services, you agree not to make any changes to your domain name
record without our prior approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you and the other party
contesting your registration and use of our domain name registration services
that the dispute has been settled. Furthermore, you agree that if you are
subject to litigation regarding your registration and use of our domain name
registration services, we may deposit control of your domain name record into
the Registry of the judicial body by supplying a party with a Registrar
certificate from us.
12. 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.
13. 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.
14.
ANNOUNCEMENTS. We reserve the right to distribute information to you that
is pertinent to the quality or operation of our services and those of our
service partners. These announcements will be predominately informative in
nature and may include notices describing changes, upgrades, new products or
other information to add security or to enhance your identity on the Internet.
15. 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.
You
agree that neither we nor the Registry Operator will have any liability of any
kind for any loss or liability resulting from (i) the processing of
registration requests prior to live SRS launch, including, without limitation,
your ability or inability to obtain a .name domain name or SLD email address
registration using these processes; or (ii) any dispute over any .name domain
name, SLD email address, Defensive Registration or NameWatch Registration (as
defined by the Registry Operator), including the decision of any dispute
resolution proceeding related to any of the foregoing.
16. INDEMNITY. You agree to release, indemnify, and hold us,
the Registry Operator, 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 out of or relating to the domain name registered 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 both us and
the Registry Operator harmless pursuant to the terms and conditions contained
in the Dispute Policies. 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. This indemnification
obligation will survive the termination or expiration of this Agreement.
17. TRANSFER OF OWNERSHIP. The person named as
registrant on the WHOIS shall be the registered name holder. The person named
as administrative contact at the time the controlling user name and password
are secured shall be deemed the designate of the registrant with the authority
to manage the domain name. You agree that prior to transferring ownership of
your domain name to another person (the Transferee") you shall require the
Transferee to agree in writing to be bound by all the terms and conditions of
this Agreement. Your domain name will not be transferred until we receive such
written assurances or other reasonable assurance that the Transferee has been
bound by the contractual terms of this Agreement (such reasonable assurance as
determined by us in our sole discretion) along with the applicable transfer
fee. If the Transferee fails to be bound in a reasonable fashion (as determine
by us in our sole discretion) to the terms and conditions in this Agreement,
any such transfer will be null and void. You acknowledge that you will not be
entitled to change registrars during the first sixty (60) days following the
registration of your domain name.
18. 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 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.
19. 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.
20. 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.
21. 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 full name, postal address, e-mail address and
voice telephone number and fax number (if available) (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 telephone
number and fax number (if available) telephone numbers of the administrative
contact, the technical contact and the billing contact for the domain name;
(iv) The IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name.
You acknowledge and agree
that the foregoing registration data will be publicly available and accessible
on the Whois directory as required by ICANN and may be sold in bulk in
accordance with ICANN policy. You further understand and agree that the
foregoing registration data may be transferred internationally.
22. 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.
23.
REVOCATION. Your wilful provision of inaccurate or unreliable information,
your wilful failure promptly to update information provided to us, or any
failure to respond to inquiries by us addressed to the email address of the
registrant, the administrative, billing or technical contact appearing in the
"Whois" directory with respect to a domain name concerning the accuracy of
contact details associated with the your registration shall constitute a
material breach of this Agreement and be a basis for cancellation of the domain
name registration. Any information collected by us concerning an identified or
identifiable natural person ("Personal Data") will be used in connection with
the registration of your domain name(s) and for the purposes of this Agreement
and as required or permitted by the ICANN Agreement or an ICANN/Registry
Operator policy.
24. 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,
to protect the integrity and stability of the Registry, to comply with any
applicable laws, government rules or requirements, requests of law enforcement,
in compliance with the dispute resolution process, or to avoid any liability,
civil or criminal, on our part and/or that of the Registry Operator, as well as
our affiliates, subsidiaries, officers, directors and employees. We and the
Registry Operator reserve the right to suspend a domain name during the
resolution of a dispute.
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 a 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.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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 be 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
30.
ENTIRETY. You agree that this Agreement, the rules and policies published
by Tucows, ICANN and/or the Registry Operator 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.
31. 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.
32. INFANCY. You
attest that you are of legal age to enter into this Agreement.
33.
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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