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Domain Registration Agreement
This Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of the Name.Space, Inc Services ("NAME.SPACE") to
register a domain name on the Internet. To complete the registration
process, you must read and agree to be bound by all terms and
conditions of this Agreement, the accompanying fee schedule and dispute
policy, and any rules or policies that are or may be published by NAME.SPACE.
This Agreement will become effective if accepted by NAME.SPACE.
1. Fees
As consideration for the domain name registration services provided by
NAME.SPACE, the NAME.SPACE member through which your application is processed shall
pay all applicable initial registration fees and renewal fees. You will be
notified when renewal fees are due, and it shall be your responsibility to
ensure that such fees are paid. Should these fees go unpaid by the time
specified in the renewal notice, your registration will be canceled. You
agree that NAME.SPACE shall have no liability whatsoever with respect to any
such cancellation.
2. Dispute Policy
You agree to be bound by the current NAME.SPACE Domain Name Dispute Policy
("Dispute Policy") which is incorporated into this Agreement by reference.
The Dispute Policy can be found at http://NAME-SPACE.COM/dispute-policy.
Any disputes regarding the right to use your domain name will be subject
to the Dispute Policy under the ICANN UDRP (Uniform Dispute Resolution Process).
You agree that you will be subject to the provisions specified in the
Dispute Policy in effect at the time your domain name is challenged by a
third party. You also agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold NAME.SPACE harmless
pursuant to the terms and conditions contained in the Dispute Policy.
3. Use of Your Information
As part of the registration process, you are required to provide certain
information and to update this information to keep it current, complete
and accurate. This information includes (i) your full name, postal address,
e-mail address, voice telephone number, and fax number if available; (ii)
the name of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation; (iii) the IP
addresses of the primary nameserver and any secondary nameservers for
the domain name; (iv) the corresponding names of those nameservers;
(v) the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact for the
domain name; (vi) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative
contact for the domain name; (vii) the name, postal address, e-mail
address, voice telephone number, and fax number if available of the
zone contact for the domain name; and (viii) any remark concerning the
registered domain name that should appear in the Whois data.
You acknowledge that willfully providing inaccurate information or willfully
failing to update information promptly will constitute a material breach of
this Agreement and will be a basis for cancellation of your domain name.
If you license use of a domain name to a third party, you are nonetheless
the holder of record of the domain name and are responsible for
providing your own full contact information and for providing and updating
accurate technical, administrative, and zone contact information.
You acknowledge that NAME.SPACE will make some of the information that you
provide during the registration process publicly available as required by
ICANN. Additionally, you acknowledge that ICANN may impose guidelines,
limits and/or requirements that relate to the amount and type of
information that NAME.SPACE may or must make available to the public or to
private entities. NAME.SPACE will not otherwise disclose your information to any
third party unless it is required to maintain your domain name. You may
request a copy of your information in NAME.SPACE's possession to review, modify
or update such information.
4. Use Policies
NAME.SPACE reserves the right to suspend or cancel your domain name in the
event that you use the domain name to send unsolicited commercial
advertisements in contradiction to either applicable laws or customary
acceptable usage policies of the Internet, or if you use your domain name
in connection with unlawful activity.
5. Agents and Licenses
You agree that, if your domain name is registered on your behalf by
anyone acting as your agent (e.g., an Internet Service Provider,
employee, etc.), you are nonetheless bound as a principal by all terms
and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of your domain name to a third
party, you remain the domain name holder, and remain responsible for
all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT NAME.SPACE WILL NOT BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF
REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME,
(c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO NAME.SPACE'S
REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF
DATA BETWEEN YOU AND NAME.SPACE; (e) EVENTS BEYOND NAME.SPACE'S REASONABLE
CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE
PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH
YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY
ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY.
FURTHER, NAME.SPACE WILL NOT BE LIABLE FOR 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
NAME.SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL NAME.SPACE'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO NAME.SPACE FOR REGISTRATION OF YOUR DOMAIN NAME
FOR THE TERM CURRENTLY REGISTERED UNDER THE TERMS OF THIS AGREEMENT.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend, indemnify and hold harmless NAME.SPACE and any
applicable domain name registry, and the directors, officers, employees
and agents of each of them, for any loss, damages or costs, including
reasonable attorneys' fees, resulting from any third party claim, action,
or demand related to your domain name or the use thereof.
This indemnification is in addition to any indemnification required
under the Dispute Policy.
8. Representations and Warranties
You represent and warrant that all information provided by you in
connection with your registration is complete and accurate. NAME.SPACE makes
no representation or warranties of any kind in connection with this
Agreement. NAME.SPACE does not represent or warrant that registration of your
domain name will immunize you from challenges to your domain name.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be
remedied by you within 30 days of notice by NAME.SPACE. If you fail to cure the
breach, NAME.SPACE may revoke your registration of the domain name.
You also agree that NAME.SPACE shall have the right in its sole discretion to
revoke, suspend, transfer or otherwise modify a domain name registration
upon seven (7) calendar days prior written notice, or at such time as NAME.SPACE
receives a properly authenticated order from a court of competent
jurisdiction, or arbitration award, re-querying the revocation, suspension,
transfer or modification of the domain name registration.
10. Governing Law
This Agreement, your rights and obligations and all actions contemplated
by this Agreement shall be governed by the laws of New York, NY, US, as if the
Agreement was a contract wholly entered into and wholly performed within
New York State. Any action to enforce this Agreement or any matter relating to
your use of the NAME.SPACE site shall be brought exclusively in the courts of
United States located in Manhattan.
11. General
This Agreement, the NAME.SPACE fee schedule and the Dispute Policy, together
with all amendments or modifications to any of them, constitute the
complete and exclusive agreement between you and NAME.SPACE, and
supersede and govern all prior proposals, agreements, or other
communications.
Nothing contained in this Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties. The
failure of NAME.SPACE to require your performance of any provision hereof shall
not affect the full right to require such performance at any time
thereafter; nor shall the waiver by NAME.SPACE of a breach of any provision
hereof be taken or held to be a waiver of the provision itself. In the event
that any provision of this Agreement shall be unenforceable or invalid
under any applicable law or be so held by applicable court decision, such
unenforceability or invalidity shall not render this Agreement
unenforceable or invalid as a whole. NAME.SPACE will amend or replace such
provision with one that is valid and enforceable and which achieves, to the
extent possible, the original objectives and intent of NAME.SPACE as reflected in
the original provision. No provision of this Agreement, including the NAME.SPACE
fee schedule may not be amended or modified by you except by means of a written
document signed by NAME.SPACE.
Domain Registration Agreement
This Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of the Name.Space, Inc Services ("NAME.SPACE") to
register a domain name on the Internet. To complete the registration
process, you must read and agree to be bound by all terms and
conditions of this Agreement, the accompanying fee schedule and dispute
policy, and any rules or policies that are or may be published by NAME.SPACE.
This Agreement will become effective if accepted by NAME.SPACE.
1. Fees
As consideration for the domain name registration services provided by
NAME.SPACE, the NAME.SPACE member through which your application is processed shall
pay all applicable initial registration fees and renewal fees. You will be
notified when renewal fees are due, and it shall be your responsibility to
ensure that such fees are paid. Should these fees go unpaid by the time
specified in the renewal notice, your registration will be canceled. You
agree that NAME.SPACE shall have no liability whatsoever with respect to any
such cancellation.
2. Dispute Policy
You agree to be bound by the current NAME.SPACE Domain Name Dispute Policy
("Dispute Policy") which is incorporated into this Agreement by reference.
The Dispute Policy can be found at http://NAME-SPACE.COM/dispute-policy.
Any disputes regarding the right to use your domain name will be subject
to the Dispute Policy under the ICANN UDRP (Uniform Dispute Resolution Process).
You agree that you will be subject to the provisions specified in the
Dispute Policy in effect at the time your domain name is challenged by a
third party. You also agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold NAME.SPACE harmless
pursuant to the terms and conditions contained in the Dispute Policy.
3. Use of Your Information
As part of the registration process, you are required to provide certain
information and to update this information to keep it current, complete
and accurate. This information includes (i) your full name, postal address,
e-mail address, voice telephone number, and fax number if available; (ii)
the name of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation; (iii) the IP
addresses of the primary nameserver and any secondary nameservers for
the domain name; (iv) the corresponding names of those nameservers;
(v) the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact for the
domain name; (vi) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative
contact for the domain name; (vii) the name, postal address, e-mail
address, voice telephone number, and fax number if available of the
zone contact for the domain name; and (viii) any remark concerning the
registered domain name that should appear in the Whois data.
You acknowledge that willfully providing inaccurate information or willfully
failing to update information promptly will constitute a material breach of
this Agreement and will be a basis for cancellation of your domain name.
If you license use of a domain name to a third party, you are nonetheless
the holder of record of the domain name and are responsible for
providing your own full contact information and for providing and updating
accurate technical, administrative, and zone contact information.
You acknowledge that NAME.SPACE will make some of the information that you
provide during the registration process publicly available as required by
ICANN. Additionally, you acknowledge that ICANN may impose guidelines,
limits and/or requirements that relate to the amount and type of
information that NAME.SPACE may or must make available to the public or to
private entities. NAME.SPACE will not otherwise disclose your information to any
third party unless it is required to maintain your domain name. You may
request a copy of your information in NAME.SPACE's possession to review, modify
or update such information.
4. Use Policies
NAME.SPACE reserves the right to suspend or cancel your domain name in the
event that you use the domain name to send unsolicited commercial
advertisements in contradiction to either applicable laws or customary
acceptable usage policies of the Internet, or if you use your domain name
in connection with unlawful activity.
5. Agents and Licenses
You agree that, if your domain name is registered on your behalf by
anyone acting as your agent (e.g., an Internet Service Provider,
employee, etc.), you are nonetheless bound as a principal by all terms
and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of your domain name to a third
party, you remain the domain name holder, and remain responsible for
all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT NAME.SPACE WILL NOT BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF
REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME,
(c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO NAME.SPACE'S
REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF
DATA BETWEEN YOU AND NAME.SPACE; (e) EVENTS BEYOND NAME.SPACE'S REASONABLE
CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE
PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH
YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY
ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY.
FURTHER, NAME.SPACE WILL NOT BE LIABLE FOR 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
NAME.SPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL NAME.SPACE'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO NAME.SPACE FOR REGISTRATION OF YOUR DOMAIN NAME
FOR THE TERM CURRENTLY REGISTERED UNDER THE TERMS OF THIS AGREEMENT.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend, indemnify and hold harmless NAME.SPACE and any
applicable domain name registry, and the directors, officers, employees
and agents of each of them, for any loss, damages or costs, including
reasonable attorneys' fees, resulting from any third party claim, action,
or demand related to your domain name or the use thereof.
This indemnification is in addition to any indemnification required
under the Dispute Policy.
8. Representations and Warranties
You represent and warrant that all information provided by you in
connection with your registration is complete and accurate. NAME.SPACE makes
no representation or warranties of any kind in connection with this
Agreement. NAME.SPACE does not represent or warrant that registration of your
domain name will immunize you from challenges to your domain name.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be
remedied by you within 30 days of notice by NAME.SPACE. If you fail to cure the
breach, NAME.SPACE may revoke your registration of the domain name.
You also agree that NAME.SPACE shall have the right in its sole discretion to
revoke, suspend, transfer or otherwise modify a domain name registration
upon seven (7) calendar days prior written notice, or at such time as NAME.SPACE
receives a properly authenticated order from a court of competent
jurisdiction, or arbitration award, re-querying the revocation, suspension,
transfer or modification of the domain name registration.
10. Governing Law
This Agreement, your rights and obligations and all actions contemplated
by this Agreement shall be governed by the laws of New York, NY, US, as if the
Agreement was a contract wholly entered into and wholly performed within
New York State. Any action to enforce this Agreement or any matter relating to
your use of the NAME.SPACE site shall be brought exclusively in the courts of
United States located in Manhattan.
11. General
This Agreement, the NAME.SPACE fee schedule and the Dispute Policy, together
with all amendments or modifications to any of them, constitute the
complete and exclusive agreement between you and NAME.SPACE, and
supersede and govern all prior proposals, agreements, or other
communications.
Nothing contained in this Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties. The
failure of NAME.SPACE to require your performance of any provision hereof shall
not affect the full right to require such performance at any time
thereafter; nor shall the waiver by NAME.SPACE of a breach of any provision
hereof be taken or held to be a waiver of the provision itself. In the event
that any provision of this Agreement shall be unenforceable or invalid
under any applicable law or be so held by applicable court decision, such
unenforceability or invalidity shall not render this Agreement
unenforceable or invalid as a whole. NAME.SPACE will amend or replace such
provision with one that is valid and enforceable and which achieves, to the
extent possible, the original objectives and intent of NAME.SPACE as reflected in
the original provision. No provision of this Agreement, including the NAME.SPACE
fee schedule may not be amended or modified by you except by means of a written
document signed by NAME.SPACE.
