This Domain Name Registration Service Agreement (“Agreement”) between you and CommuniGal Communication Ltd , Galcomm.com , (“Registrar”) , sets forth the terms and conditions of your use of the Domain Registration Services set forth herein ( the “Services”). By using Registrar Services , you acknowledge that you have read, understood, and agreed to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by Registrar from time to time, on its website(s).
This Agreement as well as any additional rules and policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and Registrar concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications.
Registrar – The term “Registrar” with respect to this agreement, relates to any of the following registrars accredited by ICANN or by any respective domain registry:
Communigal Communication Ltd
1. Domain Name Registration, Administration, and Renewal Services
1.1 Top Level Domains (“TLDs”):
gTLDs such as .Com , .Net , .Org , .Info , .Biz , .Mobi , .Asia , .Tel .Us , .Name and (regional) ccTLDs such as .US , .IL , .DE , .EU , .UK , .CN etc..
Registrar is an accredited registrar of ICANN for gTLD including but not limited to .info , .biz , .com, .net , .org , .Name TLDs. Wrc.. Registrar accepts applications to register and renew domain names with those TLDs. Also Registrar is an accredited registrar of certain ccTLD such as .IL , .US , .DE , .UK , .EU and others , and acts as an agent with respect to registration of other regional (ccTld) domain names.
As an accredited domain name registrar, Registrar is, upon accepting your application to register or renew a domain name with the TLDs, your sponsor for that application. All domain name registrations Registrar registers or renews are not effective until we have delivered the domain name registration or renewal information you have provide us to the registry operator (“Registry Operator”) for each TLD (e.g Verisign for .com .net , PIR for .org , Afilias for .info and Neulevel for .biz) , as applicable.
1.2 No Guarantee of Registration or Renewal
You acknowledge and agree that Registrar cannot guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since Registrar cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that Registrar may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that Registrar is not liable or responsible in any way for any errors, omissions or any other actions by any Registry Operator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless the applicable Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.
1.3 Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. You agree and acknowledge that it is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights. You agree that registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or Registry Operator procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the domain name registered.
1.4 Domain Name Registrant (“Registrant”)
Registrar considers the entity named as the Registrant contact of the domain name as the domain name owner.
Registrar considers an entity named as the account holder for the domain name , to be the entity who controls and manages the domain name and whose granted with the user name and password to maintain the domain name. However, at any time, the domain name owner has the power to supersede any determination made by the administrative contact, or by the individual or entity controlling the management of the domain. Registrar, at its sole discretion, may verify an order made by the individual or entity controlling the management of the domain name, with the domain name owner.
1.5 Account , User Name and Password
The first time you apply for domain name registration, administration, and renewal services, you will be asked to select a User name and password. That User name and password are the means through which you access to certain of the Services. Please keep your User name and password you select from any unauthorized use. You acknowledge and agree that in no event will Registrar be liable for the unauthorized use or misuse of your User name or password. Where an entity sign up and registered a domain name using a pre-selected login information (i.e. User and Password pair) , that entity is granted to control and manage the domain name then after.
As consideration for Registrar’s domain name registration, administration, and renewal services, you agree to pay Registrar, upon submission of your domain name application, renewal application, or registrar transfer application to Registrar, the then-current fees set forth in the Registrar price schedule for such services. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. You obligation for payment of the applicable fees prior to domain activation is final and non revocable. Registrar reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Where domain fees where included in a bundle or a package with other services (e.g web hosting service), and the other services were terminated prior to the domain expiration date, you are obligated to pay the prorated fee for the domain name registration/renewal from the termination date of the other services until the domain expiration date.
Your domain name application, renewal application, or registrar transfer request will not be submitted to the applicable Registry Operator unless we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by Registrar in its sole discretion).
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be either a) cancelled , or b) be transferred to Registrar as the entity that has paid the registration, renewal, or transfer fee for that registration to the Registry Operator;
and that Registrar reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal, or transfer fee and our then-current reinstatement fee.
Registrar listing of fees are available at the Registrar website, and may be accessible only after you Login to your account.
1.7 Renewals , auto-renewals and domain name expiration :
This section refers to gTLDs (domains which their policy is sponsored by ICANN) only. Renewals for ccTLDs is determined according the ccTLD respective registry’s policy.
At least thirty (30) days before a domain name expires and at least two times before the domain name expires , Registrar shall send an electronic notification informing you that your domain name expires soon. In no way Registrar is responsible to the notice received by you. You are obligated to keep your email address updated at all time to ensure you will get the renewal notification in time. Renewal notification is sent to either (i) the email address of the domain name account contact or , (b) to the email address of the domain name registrant contact or , (c) to the email address of the domain name admin contact or , (d) to the email address of the domain name agent/reseller if domain name account is managed by the agent or , (e) to an email address specified by the domain name account administrator.
Your obligation to renew your domain name with Registrar, starts thirty (30) days before a domain name expires, or after the first renewal notification has been sent to you (the earlier of the two). and provided that Registrar has sent you a notification informing you of the coming domain expiration. Where renewal has not been made within thirty (30) days before a domain name expires, Registrar reserves the right to cancel/reject a transfer of the domain to another Registrar.
Registrar auto-renewal – Registrar may optionally, but is not obligated to , provide an auto-renewal feature. If you instruct the Registrar via Registrar’s website or other mean provided by Registrar that you wish your domain name to be auto renewed , it is your obligation to make sure you have at the time of the domain expiration, a payment method valid and in place (e.g credit card valid data , or a positive credit balance). Registrar will charge your auto-renewal fee not before the domain name expiration date , unless you explicitly requested otherwise. Auto-renewal will not take place where there is no valid payment method and no positive credit in domain name account balance.
After expiration –
After a domain name has expired without being explicitly renewed or auto-renewed , Registrar , at its sole discretion may put the domain name on “HOLD” status. HOLD status may be change of the domain EPP status, or change of the domain NS server names to other DNS servers chosen by Registrar, so that DNS services previously provided will cease to work.
Registrar, at the end of a grace period determined by the Registrar, may delete the domain name (to a stage of RGP if applicable by the respective domain name TLD Registry Operator), and/or may transfer the domain to another owner/entity by changing the domain name contact data to the new owner/entity name and allow the new owner to renew the domain.
You agree and acknowledge that Registrar may, at its sole discretion, renew your expired domain name on your behalf, according to the respective ICANN RAA agreement or ICANN’s policies.If Registrar decides to renew your domain name on your behalf, you will have a Registrar Renewal Grace Period (“RRGP”) through which you may pay the appropriate fees to Registrar for the renewal and keep your domain name.
Where domain is being renewed on the day of expiration or after the expiration within the RRGP period, Registrar may charge other administrative fee, in addition to the regular renewal fee.
Currently the Registrar Renewal Grace Period is 15 days , but subject to change at the sole discretion of Registrar.
You also agree and acknowledge that for some ccTLDs, there is no renewal grace period given by the respective TLD registry (e.g .eu, tw and others), and therefore your domain name may be cancelled immediately upon its expiration date.
You also agree and acknowledge that after the expiration date of your domain name, and after you have been given the RRGP (Registrar Renewal Grace Period), Registrar may, at its sole discretion, renew and transfer the domain name to a third party.
Where a domain name is deleted , and enters a RGP – Redemption Grace Period. That period ensures that for 30 days the domain name although being on hold , will not become available to others. You will be able , subject to a “Restoration Fee” , to restore the domain , renew it and reuse the domain name again.
1.8 Transfer a domain to Registrar
A Transfer occurs when you wish to transfer a domain from another registrar to Registrar. A transfer itself is free , however may constitutes an automatic 1 year renewal. (in all gTLDs and certain ccTLDs)
With respect to gTLDs Registrar is obligated by the ICANN policy related to inter-registrar transfers and complies to that policy and/or rules. See http://www.icann.org/transfers/.
With respect to ccTLDs , Registrar is obligates by the respective registry policy related to transfer of domains between accredited registrar of that registry.
By requesting to Transfer a domain name from another registrar to Registrar , you hereby acknowledge that you are the authorized person/entity to initiate the transfer. Registrar will comply with the various policies set from time to time by ICANN and/or Registry Operator to facilitate the Transfer Process.
To Transfer a domain name with TLDs where an auth code is applicable (e.g other than com/net) , you have to provide the Auth Code given to you by the current registrar , in order to be able to initiate the transfer request.
To authenticate the transfer request , Galcomm will either contact through email the registrant and/or the admin contact according to the Whois information at the time of the transfer request , where the registrant/admin contact is required to confirm the request prior to processing, or Galcomm will use the Auth Code given along with the transfer request as an evidence from the domain name holder.
Where a Transfer has failed, or rejected, Registrar will enable the re-submission of the Transfer, however the Transfer fee is not refundable.
1.9 Transfer a domain to another registrar
Should you wish to transfer your domain name to other registrar of your choice, you are eligible to do so, provided you have paid all your registration fees , and no third party’s procedure are in effect related to the domain name (e.g UDRP etc..) .
Registrar takes security precautions to protect your domain name. Thus, you will have to make sure your domain name is unlocked prior to transfer and either use the auth code given by Registrar when applicable and confirm your willing to transfer by responding to an email notification.
You agree and acknowledge that where Registrar provides related services to the domain name registration, (e.g DNS management etc..), Registrar may stop providing and/or terminate those related services upon your request to transfer your domain away from Registrar, or completion of such request.
2. Changes to this Agreement or to Additional Rules or Policies
You acknowledge that the Internet, domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that Registrar may modify this Agreement, as well as any additional rules or policies that are or may be published by Registrar, as necessary to comply with Registrar’s ICANN agreement , Registry Operator agreement , or with any other agreements that Registrar is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of any domain name registered through Registrar shall constitute your acceptance of this Agreement as well as additional rules or policies that are or may be published by Registrar, each with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You acknowledge and agree that such cancellation or request for transfer will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by Registrar.
UDRP – Dispute Resolution Process
Where a domain name is under a UDRP proceedings by an approved UDRP arbitrator, Registrar is obligated to comply with The UDRP proceedings and decisions. You agree to be bound by all terms and conditions of ICANN’s Uniform Domain Name Dispute Resolution Policy (the “UDRP”), as amended from time to time.
Current UDRP, see http://www.icann.org/udrp/udrp-policy-24oct99.htm For ccTLDs, a domain may enter the respective registry’s dispute process, as defined by the domain registry . e.g a dispute policy related to .IL domains is held according to IL-DRP process , as mentioned at : http://www.isoc.org.il/domain_heb/ildrp_rules.html
3. Domain name Information, Whois data, and their Use
You hereby acknowledge and agree that, in connection with your use of certain of Registrar services, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate.
Except as set forth below, all other information which we may request from you in connection with domain name registration, administration, and renewal services, is voluntary; however, not providing this information may prevent you from obtaining Services other than domain name registration, administration, and renewal services.
You agree to provide accurate and reliable contact details and promptly correct and update them during the term of the registered domain name, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of being an organization, association, or corporation; also the organization information.
Registrar , as an ICANN registrar will perform from time to time a Whois Verification Process to ensure the domain name accuracy.
3.1 .Domain Name Registration, Administration and Renewal :
The information you are obligated to provide and keep current in connection with your use of Registrar’s domain name registration, administration, and renewal services is the following:
i.Your full name (or the name of the authorized person for contact purposes, if registration is for an organization, corporation or association), postal address email address, voice telephone number, and fax number, if available (or if different, that of the domain name holder);
ii.The domain name being registered; and
iii.The name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name registration.
You acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, the registration may not be renewed.
Registrar will provide a reasonable mean to access your domain name obligatory data provided and a mean to modify that information (e.g using your private account at the Registrar website)
3.2 .Additional Information Maintained
In addition to the information you provide, we maintain records relating to any domain name application received by Registrar, as well as any domain name registered through, administered, or renewed by Registrar. We also may maintain records relating to other services that we provide to you. These records may include, but are not limited to:
i.The original creation date of a domain name registration, renewal, or request for service;
ii.The submission date and time of a registration or renewal application to us and by us to the proper Registry Operator;
iii.Communications (electronic or paper form) constituting submissions, forwarding, modifications, or terminations of service and related correspondence between you and us;
iv.Records of your account, including dates and amounts of all payments and refunds;
v.The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
vi.The corresponding names of those nameservers;
vii.The name, postal address, email address, voice telephone number, and where available, fax number of the zone contact for a domain name;
viii.The expiration date of a domain name registration; and
ix.Information regarding all other activity between you and us regarding your use of the services.
3.3 .Obligations Relating to the Information You Provide
In the event that (i) in applying for the registration of a domain name you are providing information about a third party, or (ii) you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement.
You acknowledge and agree that willfully providing inaccurate or unreliable information or willfully failing to update information promptly will constitute a material breach of this Agreement that will be sufficient basis for cancellation of your domain name registration. You further acknowledge and agree that your failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
3.4 .Disclosure and Use of Information
You acknowledge and agree that Registrar may make available information you provide or that we otherwise maintain to such public or private third parties as applicable laws require or permit , including but not limited to ICANN , the Registry Operator/administrator, and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name .
You further acknowledge and agree that Registrar may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. 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.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name or use of any Services (including any updates to such information), whether during or after the term of your registration of a domain name or other Services. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of information that has been provided by you , by Registrar.
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.
Registrar will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. Registrar will have no liability to you or any third party to the extent such reasonable precautions are taken.
Communications with Registrar are not private and may be published either in their entirety or in edited form at any time, at the sole discretion of Registrar.
3.6 Whois query use :
Registrar provides a Whois query service via port 43 as well as through its website. The Whois information is provided out of Registrar most updated information as provided by the domain name holder. Registrar may provide the whois information either using its Whois application or by a reference to the respective domain Registry Operator Whois service, where that Registry Operator provides a “thick” Whois information.
Embedded within the Whois query are the terms and conditions of using the information queried. You hereby agree to be bound by those terms and conditions that may be amended from time to time by Registrar.
A sample of the terms and conditions , for illustration purpose only, states : “You agree that the data in the Whois database is provided to you for information purposes only, that is, to assist you in obtaining information about or related to a domain name registration record, and that the information is made available ‘as is’, and does not guarantee its accuracy. By submitting a Whois query, you agree that you will use this data only for lawful purposes and that, under no circumstances, will you use this data to: (1) enable high volume, automated, electronic processes that stress or load this Whois database system providing you this information; or (2) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via direct mail, electronic mail, or by telephone. The compilation, repackaging, dissemination or other use of the Whois data is expressly prohibited without prior written consent from Registrar.”
3.7 Use of API to access for registration, renewal, and domain management:
Use of the API is free of charge and is part of Registrar domain registration services. Your use of the API to access registrar systems is on your responsibility. Registrar will not be liable for any failure or error on the API and any outcome of a failure or an error.
Since using an API access to register or renew domains does not pass via the Registrar website, you hereby agree in advance to the Registrar Registration Agreement and policies, for any domain registration/renewal or other operation, as if you have agreed to them when using the Registrar’s website.
Registrar reserves all right on its API, including but not limited to the API code, implementation, documentation and methods of usage whether delivered to you or not.
You agree to keep all Login, passwords and credentials given to you as part of the API documentation and implementation, as confidential, and use reasonable efforts to keep them safe and confidential.
Registrar provides a reasonable level of documentation to enable the implementation of the API. Registrar is not obligated to provide any 3rd party software or tools where required to use the API on the client side.
You may not knowingly or intentionally use the API in a way that it may disrupt the API server functionality. You may not “flood” the API with many requests in a short time, more than the reasonable number of requests. Reasonable number is about 10 requests per minute or less than 10 requests.
Registrar, at its sole discretion, may suspend, or block your access to API, if Registrar believes it was misused, or for any information security reason.
Registrar may change the API from time to time. Where change affects you or your client software or version, Registrar will provide an advance notice.
4. Ownership of Data
You acknowledge and agree that Registrar owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases. Additionally, you hereby grant to Registrar a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right and license to use in our business, however it evolves, including the rights to copy, distribute, display, perform, transmit, prepare derivative works from or otherwise use without restriction the following information: (a) the original creation date of a domain name registration, (b) the expiration date of a domain name registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for a domain name registration, (d) any remarks concerning a registered domain name that appear or should appear in a WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of the Services. Registrar does not have any ownership interest in your specific personal registration information or other information other than our rights in our domain name database, as set forth in this Section.
5.Agents and Licenses
You agree that, if you are using the Services for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You accept liability for harm caused by wrongful use of the Services.
You agree that if you license the use of a domain name registered in your name to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. As further required by ICANN, you shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you with reasonable evidence of actionable harm.
6. Limitation of Liability
YOU AGREE THAT REGISTRAR WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND REGISTRAR’S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. REGISTRAR ALSO 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 REGISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRAR’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00).
7. Indemnification of Registrar
You agree to defend, indemnify and hold harmless Registrar for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand related to (i) your use of the Services, including, but not limited to, your application for registration, registration, or renewal of any domain name registered in your name, and (ii) your use of any domain name registered in your name. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.
You agree to release, indemnify, defend and hold harmless VeriSign, Inc., any Registry Operator and any of our contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of this Agreement or the breach of your warranties, representations and obligations under this Agreement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
8. Representations and Warranties
You represent that, to the best of your knowledge and belief, neither the registration of the domain name you have applied for nor the manner in which it is intended to be or is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your use of the Services is accurate and current. THE SERVICES ARE PROVIDED TO YOU “AS IS.” Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, REGISTRAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
9. Suspension, Cancellation, Transfer or Modification
You acknowledge and agree that Registrar may suspend, cancel, transfer or modify your use of the Services at any time, for any reason, in Registrar’s sole discretion. You also acknowledge and agree that Registrar may suspend, cancel, transfer or modify your domain name registration, and/or may charge you an administrative fee at the amount published from time to time at Registrar website, if (a) you materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by Registrar, (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (c) you use your domain name in connection with unlawful activity.
You further acknowledge and agree that your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including Registrar) or Registry operator procedures.
You also agree that Registrar shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify your domain name registration at such time as Registrar receives (1) a properly authenticated notification from a court of competent jurisdiction, or (2) an arbitration award requiring the suspension, cancellation, transfer or modification of your domain name registration, or (3) a complaint that your domain name is being used to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or (4) you use your domain name in connection with unlawful activity, or (5) a complaint received at Registrar that your domain is being used for any malicious activity on the Internet (e.g fishing, misleading, trying to steal identity etc.
In the case of (3),(4) or (5), Registrar may in addition to cancellation of the domain charge you an administrative fee on the amount published from time to time at the Registrar website under Administrative Fee, for the manual work Registrar has to do to handle the complaint. Paying such administrative fee, does not remove any liability you may have by using your domain name, as specified in provision 6 to this Agreement.
Finally, you agree that Registrar shall have the right in its sole discretion to cancel your domain name registration within thirty (30) calendar days of the creation date of that registration.
10. Governing Law
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of Israel , as if the Agreement was a contract wholly entered into and wholly performed within Israel.
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over your domain name registration, any action to enforce this Agreement or any matter relating to your use of the Registrar site shall be brought exclusively to the Jurisdiction of Tel Aviv , Israel court.
For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located
You agree that, unless other instructions are posted on the Registrar’s Web site, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for Registrar posted on the Registrar’s Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
12. Additional Requirements for .INFO , .IL , .BIZ and other TLDs :
12.1 .INFO :
In addition to the above :
12.1.1. Registrant consents to the use, copying, distribution, publication, modification, and other processing of Registered Domain Name Holder’s Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.
12.1.2. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.
12.1.3. Registrant agrees to immediately correct and update the registration information for the Registered Name during registration term for the Registered Name, failure to correct this information shall constitute a breach of this Agreement.
12.1 4. Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
12.1.5. Registrar and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, 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 any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and Afilias also reserve the right to freeze a domain name during resolution of a dispute .
12.2.1. BIZ RESTRICTIONS.
Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions (“Restrictions”), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
a) To exchange goods, services, or property of any kind;
b) In the ordinary course of trade or business; or
c) To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name 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 shall not constitute a “bona fide business or commercial use” of that domain name.
12.2.2. BIZ CERTIFICATION.
As a .biz domain name registrant, you hereby certify to the best of your knowledge that:
(a) The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) 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. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
(b) The domain name registrant has the authority to enter into the registration agreement; and
(c) The registered domain name is reasonably related to the registrant’s business or intended commercial purpose at the time of registration.
12.2.3. PROVISION OF REGISTRATION DATA.
188.8.131.52. Provision of Registration Data. As part of the registration process, you are required to provide us with 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 nameserver(s) 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 billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.
184.108.40.206 Inaccurate or Unreliable Data.
You hereby represent and warrant that 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 the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. 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 any ICANN/Registry Policy.
12.2.4 DOMAIN NAME DISPUTE POLICY.
If you reserved or registered a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that 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 Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy (“STOP”), available at http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html. The STOP 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 Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service 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 STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP 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. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
12.2.5. 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 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.
12.2.6. 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.
12.2.7. RESERVATION OF RIGHTS. Registrar and the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, 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 any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
12.3 .TRAVEL Additional provisions:
12.3.1. Registrant understands the eligibility requirements and states that it is an eligible entity to
register a .travel domain and is related to one of the following categories:
” Attractions/Theme Parks
” Bed & Breakfast Houses
” Bus/Taxi/Limousine Operators
” Camp Facility Operators
” Car Rental Companies
” Computer Reservation/Travel Technology Provider
” Convention & Visitor’s Bureaus
” Cruise Lines
” National Tourism Offices
” Passenger Rail Lines
” Tour Operators
” Travel Agents
” Travel Media
” Travel-Consumer and Market Research Organizations
Registrant acknowledges that if it ceases to be a member of the travel industry as defined by the Registry policy, then the registrant must give a 14 days notice to Registrar of ceasing to be eligible for the respective .travel name.
12.3.2. Registrant has obtained a UIN (Unique Identification Number) , from one of the .travel official authenticating members , to be used to eligibly register a .travel domain name.
12.3.3. Registrant shall not attempt to create a 3rd level domain under the .travel domain name unless for its own web service use , such as the its website or email service.
12.3.4. Renewal – Within 30-60 prior to the anniversary of the domain name , registrant will apply via authenticating organization , the same way as done with the initial registration , to ensure to eligibility has been changed through the term of the registration.
12.3.5. Transfer of ownership – Where a registrant wishes to transfer its domain to another entity , then the new holder of the domain name must initiate an application to an authenticating organization as if it was a new application for a new domain name.
12.3.6. Revocation – The Registrar and/or the Registry reserve the right to revoke the domain name and/or the use of the domain name for the following reasons:
220.127.116.11 The registrant’s status changes and they cease to be a member of the eligible community defined by the .travel Charter and .travel policies;
18.104.22.168. If any prescribed registration, transfer, renewal or other fee is not paid;
22.214.171.124. If a warranty made by the registrant or their agent is breached ;
126.96.36.199. If any information provided in the course of registration is incorrect;
188.8.131.52. If misleading, incomplete or incorrect information is supplied in the application for registration, transfer or renewal;
184.108.40.206. Failure to comply with any .travel policy that applies to the registrant at any time;
220.127.116.11. If a court of competent authority orders that the .travel domain name should not be licensed to the Registrant, be removed from the registry or be licensed to another person;
18.104.22.168. If the .travel domain name, or the use of the .travel domain name, is not in the best interests of the Sponsored community;
12.3.6. 9. If instructed by the registrant or its authorized agent; and
22.214.171.124. If a .travel domain name which could not otherwise be registered under this policy is registered through mistake on the part of the registrant or the Registry.
12.3.7 Representation –
126.96.36.199 the registrant understands the eligibility requirements of the .travel TLD and meets those requirements,
188.8.131.52. the selected name meets the requirements of the .travel name selection policy;
184.108.40.206. information provided is accurate and complete, and that any future changes to this information will be provided in a timely manner;
220.127.116.11. the registration of the domain name nor its use will directly or indirectly infringe the legal rights of a third party or contravene any .travel policies;
18.104.22.168. the registrant power and authority to execute the agreement and to perform their obligations;
22.214.171.124. the domain name is not registered for an unlawful purpose;
126.96.36.199. the domain name will not be used in violation of any applicable laws or regulations;
188.8.131.52. the registrant is of legal age; and
184.108.40.206. the registrant will indemnify the Registry against all claims and demands from third parties regarding registration and use of the .travel domain name.
12.4 .MOBI Additional provisions:
Registered Name Holder shall:
Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents 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 Registered Name Holder’s domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement; (3.7)
Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or 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 Registered Name Holder’s domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement; (3.7.1)
Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (“dotMobi”), the Registry Operator of the .mobi 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 dotMobi have vested and that dotMobi has relied on its third party beneficiary rights under this Agreement in agreeing to Registrar being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotMobi shall survive any termination or expiration of this Agreement. (3.8.3)
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1) Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar; (3.8.2)
Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4)
Submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”); (3.8.5)
Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)
Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration. (3.8.7)
Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. (3.8.8.)
Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotMobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotMobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted. (3.8.9)
Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract. (3.9.1).
12.5 .UK Additional provisions:
When you register a .uk domain name you are also entering into a contract with Nominet and you agree to their terms and conditions published at http://www.nominet.org.uk/go/terms This is a separate contract to any you may have with a third party for the provision of internet services. Please read before you register your domain name.
12.6 .IL – subordinacy to ISOC-IL’s rules
12.6.1 The registration applicant acknowledges1 that the domain names are registered and managed subject to ISOC-IL’s registration rules (hereinafter referred to as “ISOC-IL’s rules” and “ISOC-IL” respectively). The registration applicant confirms that he has been given an adequate opportunity to read ISOC-IL’s registration rules, that he has actually read them and that he agrees thereto. In such context, the registration applicant acknowledges that:
220.127.116.11 the domain names are registered for holding periods of one, two, three, four of five year, at the applicant’s choice;
18.104.22.168 the registration applicant is subject to ISOC-IL’s rules for the settlement of disputes in connection with rights in domain names.
12.6.2 ISOC-IL does not bear any liability to the registration applicant for the expiration of the domain name’s registration, the renewal of the registration and/or the performance of any act the liability to perform which rests with the accredited registrar.
12.6.3 ISOC-IL’s liability to registration applicant in connection with the domain name’s registration, checking the application for the registration thereof and the handling thereof after registration – is limited as expressly provided in ISOC-IL’s rules.
12.6.4 The registration applicant acknowledges that the registration of a domain name shall not vest him with any rights of ownership or other proprietary right in the domain name, but merely with a contractual right to hold the domain name.
12.6.5 The registration applicant shall compensate and indemnify ISOC-IL for any plea, claim and/or demand deriving from the domain name’s registration and/or from the holding and use thereof contrary to ISOC-IL’s rules and the provisions of any law.
12.6.6 The registration applicant is aware that he may approach the public complaints commissioner appointed by ISOC-IL at the address: email@example.com.
12.6.7 The laws governing disputes between the registration applicant and ISOC-IL are the laws of the State of Israel only (without its choice of law rules applying) and sole jurisdiction rests with the competent courts in the Central or Tel Aviv Districts.
12.6.8 In these clauses, “accredited registrar” means a registrar of domain names who has been accredited by ISOC-IL to register domain names, through which the registration applicant registered and/or manages the domain name.