TLD/DOMAIN SPECIFICAL TERMS - Nominalia
TLD/DOMAIN SPECIFICAL TERMS - Nominalia
TLD/DOMAIN SPECIFICAL TERMS - Nominalia
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ACUERDO DE REGISTRO (.ES)<br />
El solicitante del presente nombre de dominio (en adelante, "el Solicitante") declara que:<br />
1. Conoce y asume las normas y procedimientos vigentes, términos y condiciones, tasas<br />
y forma de pago y requisitos técnicos establecidos para el registro de nombres de<br />
dominio bajo ".es", cuyo contenido se encuentra disponible en http://www.nic.es.<br />
2. Conoce que el incumplimiento de estas normas, en los casos en que esté así<br />
expresamente establecido, supondrá la pérdida del nombre de dominio y su posible<br />
reasignación desde ese mismo momento para su registro a favor de un solicitante que<br />
esté legitimado para ello.<br />
3. Los datos facilitados en la presente solicitud son ciertos, salvo error u omisión de<br />
buena fe.<br />
4. Se compromete a mantener siempre actualizada la información facilitada en esta<br />
solicitud, comunicando a Red.es cualquier cambio que se produzca. El incumplimiento<br />
de esta obligación puede dar lugar a que el nombre de dominio sea cancelado, de<br />
acuerdo al procedimiento establecido a tal efecto (por ejemplo, por imposibilidad de<br />
comunicar con las personas que figuran como responsables del nombre de dominio, al<br />
no haber comunicado el cambio de sus datos de contacto o cambios de responsables).<br />
5. Asume que Red.es, en la tramitación de las diferentes actuaciones relativas a la<br />
asignación y gestión del nombre de dominio, actuará tomando en consideración los<br />
datos comunicados por el Solicitante en la forma señalada en el apartado anterior.<br />
6. Es consciente y asume que cualquier falsedad en los datos consignados en la presente<br />
solicitud podrá ser causa de cancelación del nombre de dominio, de acuerdo con el<br />
procedimiento establecido a tal efecto, y que, en este caso, éste quedará disponible<br />
para su eventual registro por parte de otro solicitante legitimado.<br />
7. Es consciente y asume que, una vez el Registro le comunique que el nombre de<br />
dominio puede ser asignado o renovado por cumplir los requisitos establecidos al<br />
efecto, el Solicitante está obligado a realizar en los plazos establecidos, el pago de la<br />
tasa correspondiente por asignación o, en su caso, renovación.<br />
8. Es consciente y asume que en caso de impago o pago insuficiente tras los plazos<br />
establecidos, el nombre de dominio pasará a estar disponible desde ese mismo<br />
momento para su registro a favor de un solicitante legitimado.<br />
9. Es consciente y asume que, en caso de incumplimiento de las reglas y condiciones<br />
técnicas establecidas por la Autoridad de Asignación para el adecuado funcionamiento<br />
del sistema de nombres de dominio bajo el ".es", un nombre de dominio registrado<br />
puede ser dado de baja de forma temporal o definitiva.<br />
10. De acuerdo con su conocimiento, el uso del nombre de dominio no viola los derechos<br />
de terceros.<br />
11. Es consciente y asume que la asignación del nombre de dominio bajo ".es" supone el<br />
sometimiento al sistema de resolución extrajudicial de conflictos sobre la utilización de<br />
nombres de dominio en relación con, entre otros, los derechos de propiedad industrial<br />
protegidos en España, tales como los nombres comerciales, marcas protegidas,<br />
denominaciones de origen, nombres de empresas; o con las denominaciones oficiales<br />
o generalmente reconocibles de Administraciones Públicas y organismos públicos<br />
españoles, conforme al procedimiento establecido en el Reglamento de resolución<br />
extrajudicial de conflictos sobre la utilización de nombres de dominio bajo ".es",<br />
publicado en la página web www.nic.es.<br />
12. Es consciente y asume que los resultados del sistema extrajudicial de resolución de<br />
conflictos serán vinculantes para las partes y para la Autoridad de Asignación.<br />
13. Es consciente y asume que la asignación y registro del nombre de dominio a su favor<br />
le<br />
confiere exclusivamente el derecho a su utilización a efectos de direccionamiento en el
sistema de nombres de dominio de Internet y en los términos previstos en la normativa<br />
aplicable.<br />
14. Declara que la persona de contacto administrativo que figura en la solicitud cuenta con<br />
capacidad suficiente de representación a tales efectos, asume que es la persona<br />
responsable de cualquier incidencia relacionada con los derechos de uso del nombre<br />
de dominio y que esta circunstancia es conocida y aceptada por ella.<br />
15. RED.ES, con dirección en www.red.es, observará en el tratamiento de los datos<br />
personales de las personas y entidades mencionadas lo dispuesto en la Ley Orgánica<br />
15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal y normativa<br />
de desarrollo, sin utilizarlos para otra finalidad distinta que la conducente a la<br />
asignación y renovación del nombre de dominio.<br />
16. Es consciente y asume que los datos personales aportados en su solicitud, en tanto<br />
beneficiario de un nombre de dominio, podrán ser igualmente objeto de tratamiento por<br />
Red.es en el ejercicio de su función de desarrollo y fomento de la sociedad de la<br />
información y para fines históricos, estadísticos o de investigación, pudiendo ser<br />
cedidos, con estas mismas finalidades, a otras Administraciones en los supuestos<br />
previstos en los apartados uno y dos del artículo 21 de la LOPD.<br />
17. Declara que todas las entidades y personas relacionadas en la presente solicitud<br />
conocen y consienten expresamente que los datos personales que han sido facilitados<br />
aparezcan reflejados en las bases de datos tanto internas, como públicas, mantenidas<br />
por RED.ES y se mantengan en tal situación en los términos en que sea necesario<br />
para la gestión del Registro de los nombres de dominio bajo el ".es", de acuerdo con lo<br />
establecido por la Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos<br />
de Carácter Personal. Se le informa de que la asignación del nombre de dominio<br />
requiere necesariamente que los datos personales sean publicados en la Base de<br />
Datos del Registro de nombres de dominio bajo ".es", accesible al público a través de<br />
Internet.<br />
18. Conoce y asume que los derechos de acceso y rectificación podrán ejercerse de<br />
acuerdo con lo dispuesto en la normativa de protección de datos de carácter personal.<br />
Los derechos de cancelación y oposición únicamente podrán ejercerse previa la<br />
renuncia al nombre de dominio solicitado, dado que el tratamiento de los datos<br />
personales por parte de Red.es es necesario para la asignación y renovación del<br />
nombre de dominio.<br />
REGISTRATION AGREEMENT (.BIZ)<br />
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use<br />
of <strong>Nominalia</strong> Internet S.L. to register a domain name on the Internet. To complete the<br />
registration process, you must read and agree to be bound by all terms and conditions of<br />
this Agreement, the accompanying fee schedule and dispute policy, and any rules or<br />
policies that are or may be published by <strong>Nominalia</strong> Internet S.L. This Agreement will<br />
become effective if accepted by <strong>Nominalia</strong> Internet S.L <strong>Nominalia</strong> Internet S.L is an<br />
accredited registrar with the Internet Corporation for Assigned Names and Numbers<br />
("ICANN") under an agreement between <strong>Nominalia</strong> Internet S.L and ICANN ("ICANN<br />
Agreement").<br />
You acknowledge that <strong>Nominalia</strong> Internet S.L may modify this Agreement if necessary to<br />
comply with its ICANN Agreement, or otherwise.<br />
1. Biz restrictions.<br />
Registrations in the .biz <strong>TLD</strong> must be used or intended to be used primarily for bona<br />
fide business or commercial purposes. For purposes of the .biz Registration<br />
Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the<br />
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<br />
or more host computers through the DNS:<br />
1. To exchange goods, services, or property of any kind;<br />
2. In the ordinary course of trade or business; or<br />
3. To facilitate:<br />
a) the exchange of goods, services, information, or property of any kind; or,<br />
b) the ordinary course of trade or business. Registering a domain name solely<br />
for the purposes of<br />
i. selling, trading or leasing the domain name for compensation, or<br />
ii. the unsolicited offering to sell, trade or lease the domain name for<br />
compensation shall not constitute a"bona fide business or commercial use" of<br />
that domain name.<br />
2. Biz certification.<br />
As a .biz domain name registrant, you hereby certify to the best of your knowledge that:<br />
The registered domain name will be used primarily for bona fide business or<br />
commercial purposes and not<br />
i. exclusively for personal use; or<br />
ii. solely for the purposes of<br />
a. selling, trading or leasing the domain name for compensation, or<br />
b. the unsolicited offering to sell, trade or lease the domain name for compensation. For<br />
more information on the .biz restrictions, which are incorporated herein by reference,<br />
please see: http://www.neulevel.com/countdown/registrationRestrictions.html<br />
4. The domain name registrant has the authority to enter into the registration<br />
agreement; and<br />
5. the registered domain name is reasonably related to the registrant's business or<br />
intended commercial purpose at the time of registration.<br />
3. Provision of registration data.<br />
a) Provision of Registration Data.<br />
As part of the registration process, you are required to Provide us with certain information<br />
and to update this information to keep it current, complete and accurate.<br />
This information includes(i) your full name, postal address, e-mail address, voice<br />
telephone number, and fax number if available; (ii) the name of an authorized person for<br />
contact purposes in the case of a registrant that is an organization, association, or<br />
corporation; (iii) the IP addresses of the primary nameserver and any secondary<br />
nameserver(s) for the domain name; (iv) the corresponding names of those nameservers;<br />
(v) the full name, postal address, e-mail address, voice telephone number, and fax number<br />
if available of the technical contact for the domain name; (vi) the full name, postal address,<br />
e-mail address, voice telephone number, and fax number if available of the administrative<br />
contact for the domain name; (vii) the name, postal address, e-mail address, voice<br />
telephone number, and fax number if available of the billing contact for the domain name;<br />
and (viii) any remark concerning the registered domain name that should appear in the<br />
Whois directory. You agree and understand that the foregoing registration data will be<br />
publicly available and accessible on the Whois directory as required by ICANN/Registry<br />
Policy and may be sold in bulk in accordance with the ICANN Agreement.<br />
b) Inaccurate or Unreliable Data.<br />
You hereby represent and warrant that the data provided in the domain name registration<br />
application is true, correct, up to date and complete and that you will continue to keep all<br />
the information provided up to date. Your willful provision of inaccurate or unreliable<br />
information, your willful failure promptly to update information provided to us, or any failure<br />
to respond for over five calendar days to our inquiries addressed to the e-mail address of<br />
the administrative, billing or technical contact then appearing in the Whois directory with
espect to an domain name concerning the accuracy of contact details associated with any<br />
registration(s) or the registration of any domain name(s) registered by or through you or<br />
your account, shall constitute a breach of this Agreement. Any information collected by us<br />
concerning an identified or identifiable natural person ("Personal Data") will be used in<br />
connection with the registration of your domain name(s) and for the purposes of this<br />
Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry<br />
Policy.<br />
4. Domain name dispute policy.<br />
If you reserved or registered a .biz domain name through us, you agree to be bound by<br />
our current domain name dispute policy that is incorporated herein and made a part of<br />
this Agreement by reference. Please take the time to familiarize yourself with that<br />
policy. In addition, you hereby acknowledge that you have read and understood and<br />
agree to be bound by the terms and conditions of the following documents, as they may<br />
be amended from time to time, which are hereby incorporated and made an integral<br />
part of this Agreement:<br />
(i) The Uniform Domain Name Dispute Resolution Policy, available at<br />
http://www.icann.org/udrp/udrp.htm.<br />
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at<br />
http://www.neulevel.com/countdown/stop.html; and<br />
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at<br />
http://www.neulevel.com/countdown/rdrp.html.<br />
The STOP sets forth the terms and conditions in connection with a dispute between a<br />
registrant of a .biz domain name ("Registrant") with any third party (other than Registry<br />
Operator or Registrar) over the registration or use of a .biz domain name registered by<br />
Registrant that is subject to the Intellectual Property Claim Service. The Intellectual<br />
Property Claim Service a service introduced by Registry Operator to notify a trademark<br />
or service mark holder ("Claimant") that a second-level domain name has been registered<br />
in which that Claimant claims intellectual property rights. In accordance with the STOP and<br />
its associated Rules, those Claimants will have the right to challenge registrations through<br />
independent ICANN-accredited dispute resolution providers. The UDRP sets forth the<br />
terms and conditions in connection with a dispute between a Registrant and any party<br />
other than the Registry Operator or Registrar over the registration and use of an Internet<br />
domain name registered by Registrant. The RDRP sets forth the terms under which any<br />
allegation that a domain name is not used primarily for business or commercial purposes<br />
shall be enforced on a case-bycase, fact specific basis by an independent ICANNaccredited<br />
dispute provider. None of the violations of the Restrictions will be enforced<br />
directly by or through Registry Operator. Registry Operator will not review, monitor, or<br />
otherwise verify that any particular domain name is being used primarily for business or<br />
commercial purposes or that a domain name is being used in compliance with the SUDRP<br />
or UDRP processes.<br />
5. Domain name dispute policy modifications.<br />
You agree that we, in our sole discretion, may modify our dispute policy. We will post any<br />
such revised policy on our Web site at least thirty (30) calendar days before it becomes<br />
effective. You agree that, by maintaining the reservation or registration of your domain<br />
name after modifications to the dispute policy become effective, you have agreed to these<br />
modifications. You acknowledge that if you do not agree to any such modification, you may<br />
terminate this Agreement. We will not refund any fees paid by you if you terminate your<br />
Agreement with us.<br />
6. Domain name disputes.<br />
You agree that, if your use of our domain name registration services is challenged by a<br />
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<br />
any third party, you will indemnify and hold us harmless pursuant to the terms and<br />
conditions set forth below in this Agreement. If we are notified that a complaint has<br />
been filed with a judicial or administrative body regarding your use of our domain name<br />
registration services, you agree not to make any changes to your domain name record<br />
without our prior approval. We may not allow you to make changes to such domain<br />
name record until (i) we are directed to do so by the judicial or administrative body, or<br />
(ii) we receive notification by you and the other party contesting your registration and<br />
use of our domain name registration services that the dispute has been settled.<br />
Furthermore, you agree that if you are subject to litigation regarding your registration<br />
and use of our domain name registration services, we may deposit control of your<br />
domain name record into the registry of the judicial body by supplying a party with a<br />
registrar certificate from us.<br />
7. Reservation of rights.<br />
<strong>Nominalia</strong> Internet S.L. and the .biz Registry Operator, NeuLevel, Inc. expressly reserve<br />
the right to deny, cancel or transfer any registration that it deems necessary, in its<br />
discretion, to protect the integrity and stability of the registry, to comply with any<br />
applicable laws, government rules or requirements, requests of law enforcement, in<br />
compliance with any dispute resolution process, or to avoid any liability, civil or criminal,<br />
on the part of <strong>Nominalia</strong> Internet, S.L. and/or NeuLevel, Inc., as well as their affiliates,<br />
subsidiaries, officers, directors and employees. <strong>Nominalia</strong> Internet, S.L. and NeuLevel,<br />
Inc. also reserve the right to freeze a domain name during resolution of a dispute.<br />
.INFO Registration Agreement This Registration Agreement ("Agreement") sets forth the<br />
terms and conditions of your use of <strong>Nominalia</strong> Internet S.L. to register a domain name on<br />
the Internet. To complete the registration process, you must read and agree to be bound<br />
by all terms and conditions of this Agreement, the accompanying fee schedule and dispute<br />
policy, and any rules or policies that are or may be published by <strong>Nominalia</strong> Internet S.L.<br />
This Agreement will become effective if accepted by <strong>Nominalia</strong> Internet S.L <strong>Nominalia</strong><br />
Internet S.L is an accredited registrar with the Internet Corporation for Assigned Names<br />
and Numbers ("ICANN") under an agreement between <strong>Nominalia</strong> Internet S.L and ICANN<br />
("ICANN Agreement"). You acknowledge that <strong>Nominalia</strong> Internet S.L may modify this<br />
Agreement if necessary to comply with its ICANN Agreement, or<br />
otherwise.<br />
1. Dispute Policy<br />
You agree to be bound by the current ICANN Universal Domain Name Dispute<br />
Resolution Policy (UDRP) and the .info specific Sunrise Dispute Resolution Policy<br />
("SDRP") which are incorporated into this Agreement by reference, and can be<br />
respectively found at www.nominalia.com and www.afilias.info Both policies referred<br />
hereinafter as “Dispute Policy”. Any disputes regarding the right to use your domain<br />
name will be subject to the Dispute Policy. <strong>Nominalia</strong> may modify the Dispute Policy in<br />
its sole discretion at any time. Your continued registration of your domain name after<br />
modification to the Dispute Policy becomes effective constitutes your acceptance of<br />
those modifications. If you do not agree to such a modification, you may request that<br />
your domain name be deleted.<br />
You agree that you will be subject to the provisions specified in the Dispute Policy in<br />
effect at the time your domain name is challenged by a third party. You also agree that<br />
in the event a domain name dispute arises with any third party, you will indemnify and<br />
hold <strong>Nominalia</strong> harmless pursuant to the terms and conditions contained in the Dispute<br />
Policy.<br />
2. Use of Your Information<br />
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<br />
includes (i) your full name, postal address, e-mail address, voice telephone number,<br />
and fax number if available; (ii) the name of an authorized person for contact purposes<br />
in the case of a registrant that is an organization, association, or corporation; (iii) the IP<br />
addresses of the primary name server and any secondary name servers for the domain<br />
name; (iv) the corresponding names of those name servers; (v) the full name, postal<br />
address, e-mail address, voice telephone number, and fax number if available of the<br />
technical contact for the domain name; (vi) the full name, postal address, e-mail<br />
address, voice telephone number, and fax number if available of the administrative<br />
contact for the domain name; (vii) the name, postal address, e-mail address, voice<br />
telephone number, and fax number if available of the zone contact for the domain<br />
name; and (viii) any remark concerning the registered domain name that should appear<br />
in the Whois data.<br />
You acknowledge that willfully providing inaccurate information or willfully failing to<br />
update information promptly will constitute a material breach of this Agreement and will<br />
be a basis for cancellation of your domain name. If you license use of a domain name to<br />
a third party, you are nonetheless the holder of record of the domain name and are<br />
responsible for providing your own full contact information and for providing and<br />
updating accurate technical, administrative, and zone contact information. You<br />
acknowledge that <strong>Nominalia</strong> will make some of the information that you provide during<br />
the registration process publicly available as required by ICANN. Additionally, you<br />
acknowledge that ICANN may impose guidelines, limits and/or requirements that relate<br />
to the amount and type of information that <strong>Nominalia</strong> may or must make available to the<br />
public or to private entities. <strong>Nominalia</strong> not otherwise disclose your information to any<br />
third party unless it is required to maintain your domain name. You may request a copy<br />
of your information in <strong>Nominalia</strong>’s possession to review, modify or update such<br />
information.<br />
Specifically the registrant consents to the use, copying, distribution, publication,<br />
modification and other processing of Registered Name Holder’s Personal Data by<br />
Afilias limited and its designees and agents in a manner consistent with the purposes<br />
specified pursuant to subsection 2.6 of the .info Registry-Registrar Agreement<br />
3. Use Policies<br />
<strong>Nominalia</strong> reserve the right to suspend or cancel your domain name in the event that<br />
you use the domain name to send unsolicited commercial advertisements in<br />
contradiction to either applicable laws or customary acceptable usage policies of the<br />
Internet, or if you use your domain name in connection with unlawful activity.<br />
4. Agents and Licenses<br />
You agree that, if your domain name is registered on your behalf by anyone acting as<br />
your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless<br />
bound as a principal by all terms and conditions provided herein, including the Dispute<br />
Policy.<br />
You agree that if you license the use of your domain name to a third party, you re-main<br />
the domain name holder, and remain responsible for all obligations under this<br />
Agreement.<br />
5. Limitation of Liability<br />
YOU AGREE THAT NOMINALIA WILL NOT BE LIABLE TO YOU OR ANY OTHER<br />
PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF<br />
REGISTRATION OF A <strong>DOMAIN</strong> NAME, (b) THE USE OF YOUR <strong>DOMAIN</strong> NAME, (c)<br />
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO NOMINALIA'S<br />
REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA<br />
BETWEEN YOU AND NOMINALIA; (e) EVENTS BEYOND NOMINALIA'S
REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE<br />
PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH<br />
YOUR <strong>DOMAIN</strong> NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY<br />
FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY.<br />
FURTHER, NOMINALIAWILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,<br />
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST<br />
PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,<br />
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NOMINALIAHAS<br />
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL<br />
NOMINALIA'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU<br />
TO NOMINALIAFOR REGISTRATION OF YOUR <strong>DOMAIN</strong> NAME DURING THE<br />
PRIOR 3 YEARS UNDER THE <strong>TERMS</strong> OF THIS AGREEMENT. BECAUSE SOME<br />
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR<br />
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY<br />
IS LIMITED TO THE EXTENT PERMITTED BY LAW.<br />
6. Further limitation of liability<br />
The registrant acknowledge that neither <strong>Nominalia</strong> nor Afilias Limited will have any<br />
liability of any kind for any loss or liability resulting from proceedings and processes<br />
relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a)<br />
the ability or inability of a registrant to obtain a Registered Name during these periods,<br />
and (b) the results of any dispute over Sunrise Registration.<br />
7. Indemnity<br />
You agree to defend, indemnify and hold harmless <strong>Nominalia</strong> and Afilias Limited, and<br />
the directors, officers, employees and agents of each of them, for any loss, damages or<br />
costs, including reasonable attorneys' fees, resulting from any third party claim, action,<br />
or demand related to your domain name or the use thereof. This indemnification is in<br />
addition to any indemnification required under the Dispute Policy.<br />
8. Representations and Warranties<br />
You represent and warrant that all information provided by you in connection with your<br />
registration is complete and accurate. <strong>Nominalia</strong> makes no representation or warranties<br />
of any kind in connection with this Agreement. <strong>Nominalia</strong> does not represent or warrant<br />
that registration of your domain name will immunize you from challenges to your domain<br />
name.<br />
9. Breach and Revocation<br />
Any breach by you of this Agreement or the Dispute Policy must be remedied by you<br />
within 30 days of notice by <strong>Nominalia</strong> . If you fail to cure the breach, <strong>Nominalia</strong> may<br />
revoke your registration of the domain name.<br />
You also agree that <strong>Nominalia</strong> shall have the right in its sole discretion to revoke,<br />
suspend, transfer or otherwise modify a domain name registration upon seven (7)<br />
calendar days prior written notice, or at such time as <strong>Nominalia</strong> receives a properly<br />
authenticated order from a court of competent jurisdiction, or arbitration award, requerying<br />
the revocation, suspension, transfer or modification of the domain name<br />
registration.<br />
10. Governing Law<br />
This Agreement, your rights and obligations and all actions contemplated by this<br />
Agreement shall be governed by the laws of The Kingdom of Spain, as if the Agreement<br />
was a contract wholly entered into and wholly performed within Spain. Any action to<br />
enforce this Agreement or any matter relating to your use of the <strong>Nominalia</strong> site shall be<br />
brought exclusively in the courts of Spain located in Barcelona.<br />
11. General<br />
This Agreement, the <strong>Nominalia</strong> fee schedule and the Dispute Policy, together with all
amendments or modifications to any of them, constitute the complete and exclusive<br />
agreement between you and <strong>Nominalia</strong> , and supersede and govern all prior proposals,<br />
agreements, or other communications. Nothing contained in this Policy shall be<br />
construed as creating any agency, partner-ship, or other form of joint enterprise<br />
between the parties. The failure of <strong>Nominalia</strong> to require your performance of any<br />
provision hereof shall not affect the full right to require such performance at any time<br />
thereafter; nor shall the waiver by <strong>Nominalia</strong> of a breach of any provision hereof be<br />
taken or held to be a waiver of the provision itself. In the event that any provision of this<br />
Agreement shall be unenforceable or invalid under any applicable law or be so held by<br />
applicable court decision, such unenforceability or invalidity shall not render this<br />
Agreement unenforceable or invalid as a whole. <strong>Nominalia</strong> will amend or replace such<br />
provision with one that is valid and enforceable and which achieves, to the extent<br />
possible, the original objectives and intent of <strong>Nominalia</strong> as reflected in the original<br />
provision. No provision of this Agreement, including the <strong>Nominalia</strong> fee schedule and the<br />
Dispute Policy, may not be amended or modified by you except by means of a written<br />
document signed by <strong>Nominalia</strong>.<br />
REGISTRATION AGREEMENT (.NAME)<br />
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use<br />
of the <strong>Nominalia</strong> Internet S.L. to register a domain name on the Internet. To complete the<br />
registration process, you must read and agree to be bound by all terms and conditions of<br />
this Agreement, the accompanying fee schedule and dispute policy, and any rules or<br />
policies that are or may be published by <strong>Nominalia</strong> Internet S.L. This Agreement will<br />
become effective if accepted by <strong>Nominalia</strong> Internet S.L. <strong>Nominalia</strong> Internet S.L. is an<br />
accredited registrar with the Internet Corporation for Assigned Names and Numbers<br />
("ICANN") under an agreement between <strong>Nominalia</strong> Internet S.L. and ICANN ("ICANN<br />
Agreement"). You acknowledge that <strong>Nominalia</strong> Internet S.L may modify this Agreement if<br />
necessary to comply with its ICANN Agreement, or otherwise.<br />
.name RESTRICTIONS<br />
Registrations in the .name <strong>TLD</strong> must constitute an individual's "Personal Name". For<br />
purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's<br />
legal name, or a name by which the person is commonly known. A "name by which a<br />
person is commonly known" includes, without limitation, a pseudonym used by an author<br />
or painter, or a stage name used by a singer or actor.<br />
.name CERTIFICATIONS<br />
As a .name domain name Registrant, you hereby certify that:<br />
(a) You have the authority to enter into this Agreement; and<br />
(b) The registered domain name or .name email address is your Personal Name.<br />
PROVISION OF REGISTRATION DATA<br />
(a) As part of the registration process, you are required to provide us with certain<br />
information and to update this information to keep it current, complete and accurate.<br />
This information includes the information contained in the Whois directory, including: (i)<br />
your full name and postal address, email address, voice telephone number, and fax<br />
number, if available; (ii) the IP addresses and names of the primary nameserver and<br />
any secondary nameserver(s) for the domain name; (iii) the full name, postal address,<br />
email address, voice telephone number, and fax number, if available, of the technical<br />
contact for the domain name; (iv) the full name, postal address, email address, voice<br />
telephone number, and fax number if available of the administrative contact for the<br />
domain name; (v) the name, postal address, email address, voice telephone number,<br />
and fax number, if available, of the billing contact for the domain name. You agree and<br />
understand that the foregoing registration data will be publicly available and accessible
on the Whois directory as required by Internet Corporation for Assigned Names and<br />
Numbers ("ICANN"). You further understand that the foregoing registration data may be<br />
transferred outside of the European Community, such as to the United States, and you<br />
expressly consent to such export.<br />
(b) You hereby represent and warrant the data provided in the registration application is<br />
true, correct, up-to-date and complete and that you will continue to keep all of the<br />
information provided up-to-date. Your willful provision of inaccurate or unreliable<br />
information, your willful failure promptly to update information provided to us, or any<br />
failure to respond to our inquiries addressed to the email address of the administrative,<br />
billing or technical contact then appearing in the Whois directory with respect to a<br />
domain name concerning the accuracy of contact details associated with any<br />
registration(s) or the registration of any domain name(s) registered by or through you or<br />
your account shall constitute a breach of this Agreement. Any information collected by<br />
us concerning an identified or identifiable natural person ("Personal Data") will be used<br />
in connection with the registration of your domain name(s) and for the purposes of this<br />
Agreement and as required or permitted by the ICANN Agreement or an ICANN policy.<br />
The Global Name Registry, Limited ("Registry Operator") may share your personal data<br />
with third parties that act as subcontractors to it for the purposes of this Agreement, and<br />
you agree that your personal data may be shared with Registry Operator's<br />
subcontractors. You also agree that from time to time, Registry Operator may share<br />
some of your personal data, such as your address and postcode, with third parties who<br />
are conducting, on behalf of Registry Operator, market analysis.<br />
<strong>DOMAIN</strong> NAME DISPUTE POLICY<br />
If you reserved or registered a .name domain name through us, you agree to be bound by<br />
the current domain name dispute policy that is incorporated herein and made a part of this<br />
Agreement by reference. Please take the time to familiarize yourself with that policy. You<br />
hereby acknowledge that you have read and understood and agree to be bound by the<br />
terms and conditions of the following documents, as they may be amended from time to<br />
time, which are hereby incorporated and made an integral part of this Agreement:<br />
(a) the Eligibility Requirements (the "Eligibility Requirements"), available at<br />
http://www.name/corporate/page/72/124/index.html;<br />
(b) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at<br />
http://www.name/corporate/downloads/erdrp.pdf; and<br />
(c) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at<br />
http://www.icann.org/udrp/udrp-policy-24oct99.htm.<br />
Personal Name domain names and Personal Name email addresses will be granted on<br />
a first-come, first-served basis, except for registrations granted as a result of a dispute<br />
resolution proceeding. According to the Eligibility Requirements, the following<br />
categories of Personal Name Registrations may be registered: (i) the Personal Name of<br />
an individual; (ii) the Personal Name of a fictional character, if you have trademark or<br />
service mark rights in that character's Personal Name; (iii) in addition to a Personal<br />
Name registration, you may add numeric characters to the beginning or the end of your<br />
Personal Name so as to differentiate it from other Personal Names.<br />
The ERDRP applies to challenges to (i) registered domain names and email address<br />
registrations within .name on the grounds that a Registrant does not meet the Eligibility<br />
Requirements, and (ii) to Defensive Registrations within .name.<br />
The UDRP applies to complaints by trademark or service mark owners concerning the<br />
registration and use of an Internet domain name registered by a Registrant.<br />
<strong>DOMAIN</strong> NAME DISPUTE POLICY MODIFICATIONS<br />
You agree that Registry Operator may modify the dispute policy from time to time.<br />
Registry Operator will post any such revised policy on its Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by maintaining the<br />
reservation or registration of your domain name or .name email address after<br />
modifications to the dispute policy become effective, you have agreed to these<br />
modifications. You acknowledge that if you do not agree to any such modification, you<br />
may terminate this Agreement. We will not refund any fees paid by you if you terminate<br />
your Agreement with us.<br />
<strong>DOMAIN</strong> NAME DISPUTES<br />
You agree that, if your use of our domain name registration services is challenged by a<br />
third party, you will be subject to the provisions specified in the dispute policy in effect at<br />
the time of the dispute. You agree that in the event a domain name dispute arises with<br />
any third party, you will indemnify and hold [Registrar] harmless pursuant to the terms<br />
and conditions set forth below in this Agreement. If we are notified that a complaint has<br />
been filed with a judicial or administrative body regarding your use of our domain name<br />
registration services, you agree not to make any changes to your domain name record<br />
without our prior approval. We may not allow you to make changes to such domain name<br />
record until (i) we are directed to do so by the judicial or administrative body, or (ii) we<br />
receive notification by you and the other party contesting your registration and use of our<br />
domain name registration services that the dispute has been settled.<br />
.NAME EMAIL<br />
(a) The service for which you have registered may, at your option, include .name Email. To<br />
the extent you opt to use .name Email, you are obliged to do so in accordance with all<br />
applicable legislation and are responsible for all use of .name Email, including the content<br />
of messages sent through .name Email.<br />
(b) You undertake to familiarize yourself with the content of and to comply with the<br />
generally accepted rules for Internet and email usage. This includes, but is not limited to<br />
the Acceptable Use Policy, available at http://www.name/corporate/downloads/aup.pdf, as<br />
well as the following restrictions. Without prejudice to the foregoing, you undertake not to<br />
use .name Email:<br />
(i) to encourage, allow or participate in any form of illegal or unsuitable activity, including<br />
but not restricted to the exchange of threatening, obscene or offensive messages,<br />
spreading computer viruses, breach of copyright and/or proprietary rights or publishing<br />
defamatory material;<br />
(ii) to gain illegal access to systems or networks by unauthorized access to or use of the<br />
data in systems or networks, including all attempts at guessing passwords, checking or<br />
testing the vulnerability of a system or network or breaching the security or access control<br />
without the sufficient approval of the owner of the system or network;<br />
(iii) to interrupt data traffic to other users, servers or networks, including, but not restricted<br />
to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload<br />
another system or other forms of harassment; or<br />
(iv) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited<br />
email, junk mail, the use of distribution lists (mailing lists) which include persons who have<br />
not specifically given their consent to be placed on such a distribution list.<br />
Users are not permitted to provide false names or in any other way to pose as somebody<br />
else when using .name Email.<br />
(c) Registry Operator reserves the right to implement additional anti-spam measures, to<br />
block spam or mail from systems with a history of abuse from entering Registry Operator's<br />
.name Email.<br />
(d) You understand and agree that Registry Operator may delete material that does not<br />
conform to clause (c) above or that in some other way constitutes a misuse of ,name<br />
Email. You further understand and agree that Registry Operator is at liberty to block your<br />
access to .name Email if you use .name
Email in a way that contravenes this Agreement. You will be given prior warning of<br />
discontinuation of the .name Email unless it would damage the reputation of Registry<br />
Operator or jeopardize the security of Registry Operator or others to do so. Registry<br />
Operator reserves the right to immediately discontinue .name Email without notice if the<br />
technical stability of .name Email is threatened in any way, or if you are in breach of this<br />
Agreement. On discontinuing .name Email, Registry Operator is not obliged to store any<br />
contents or to forward unsent email to you or a third party.<br />
(e) You understand and agree that to the extent Registry Operator is required by law to<br />
disclose certain information or material in connection with your .name Email, Registry<br />
Operator will do so in accordance with such requirement and without notice to you.<br />
RESERVATION OF RIGHTS<br />
[Registrar] and Registry Operator expressly reserve the right to deny, cancel or transfer<br />
any registration that it deems necessary, in its discretion, to protect the integrity and<br />
stability of the Registry, to comply with any applicable laws, government rules or<br />
requirements, requests of law enforcement, in compliance with any dispute resolution<br />
process, or to avoid any liability, civil or criminal, on the part of [Registrar] and/or<br />
Registry Operator, as well as their affiliates, subsidiaries, officers, directors and<br />
employees. [Registrar] and Registry Operator also reserve the right to freeze a domain<br />
name during a resolution of a dispute.<br />
LIMITATION OF LIABILITY You agree that Registry Operator will have no liability of any<br />
kind for any loss or liability resulting from (i) the processing of registration requests prior<br />
to live SRS launch, including, without limitation, your ability or inability to obtain a .name<br />
domain name or .name Email address registration using these processes; or (ii) any<br />
dispute over any .name domain name, .name Email address, Defensive Registration or<br />
NameWatch Registration, including the decision of any dispute resolution proceeding<br />
related to any of the foregoing.<br />
INDEMNIFICATION<br />
You agree to indemnify, defend and hold harmless Registry Operator, and its directors,<br />
officers, employees, affiliates and agents from and against any and all claims,<br />
damages, liabilities, costs and expenses, including reasonable legal fees and expenses,<br />
arising out of or relating to your registration and your breach of this Agreement. This<br />
indemnification obligation will survive the termination or expiration of this Agreement.<br />
COMPLIANCE WITH <strong>TERMS</strong> AND CONDITIONS<br />
Registrar shall comply with the following:<br />
(a) ICANN standards, policies, procedures, and practices for which Registry Operator has<br />
monitoring responsibility in accordance with the Registry Agreement or under any other<br />
arrangement with ICANN; and (b) operational standards, policies, procedures, and<br />
practices for the Registry <strong>TLD</strong> established from time to time by Registry Operator in a nonarbitrary<br />
manner and applicable to all registrars, including affiliates of Registry Operator,<br />
and consistent with ICANN's standards, policies, procedures, and practices and Registry<br />
Operator's Registry Agreement with ICANN. Among Registry Operator's operational<br />
standards, policies, procedures, and practices are those set forth in Exhibit E of the<br />
Registry-Registrar Agreement, available at<br />
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm. Additional or<br />
revised Registry Operator operational standards, policies, procedures, and practices for<br />
the Registry <strong>TLD</strong> shall be effective upon thirty<br />
(30) days notice by Registry Operator to Registrar.<br />
MINIMUM COMMITMENTS REQUIRED FROM REGISTRANTS OF .AERO (SITA INC)<br />
1 Registrar's agency<br />
The Registrar acts as agent for the Registry Operator and the Sponsor for the sole<br />
purpose, and only to the extent necessary, to enable the Registry Operator and the
Sponsor to receive the benefit of rights and covenants conferred on each of them under<br />
this agreement.<br />
2 Terminology domain name means the .aero domain name registered by the<br />
Registrant.<br />
Policy means the .aero Domain Name Management policy. Registrant means an<br />
applicant for, or licensee of, a domain name. Registry Operator means SITA Information<br />
Networking Computing BV, a Netherlands corporation with its place of business at<br />
Heathrowstraat (Sloterdjik), 1043Ch Amsterdam, The Netherlands, the person<br />
responsible for administering the .aero domain name registry. Sponsor means Societe<br />
Internationale de Telecommunications Aeronautiques, a Belgian co-operative<br />
corporation registered with the Belgian Registrar of companies number B 217.548., the<br />
Sponsor of the .aero domain name.<br />
3 Warranty<br />
Registrant warrants that:<br />
a) to the best of Registrant's knowledge and belief, neither its registration of the<br />
domain name nor the manner in which it is directly or indirectly used infringes<br />
the legal rights of a third party; and<br />
b) the domain name complies with the Policy. Breach of this warranty will<br />
constitute a material breach.<br />
4 Provision of registration data As part of the registration process, Registrant is required<br />
to provide certain information and agrees to update this information to keep it current,<br />
complete and accurate. This information includes:<br />
a) Registrant's full name, postal address, email address, voice telephone<br />
number, and fax number if available;<br />
b) the name of an authorized person for contact purposes in the case of a<br />
Registrant that is an organization, association, or corporation;<br />
c) the names of the primary nameserver and any secondary nameserver(s) for<br />
the domain name;<br />
d) the full name, postal address, email address, voice telephone number, and fax number<br />
if available of the technical contact for the domain name;<br />
e) the full name, postal address, email address, voice telephone number, and fax number<br />
if available of the administrative contact for the domain name; and<br />
f) the name, postal address, e-mail address, voice telephone number, and fax<br />
number if available of the billing contact for the domain name.<br />
5 Inaccurate or unreliable data. Registrar represents and warrants that the data provided<br />
in the domain name registration application is true, correct, up to date and complete and<br />
that Registrant will continue to keep all the information provided up to date. Registrant's<br />
willful failure promptly to update information provided, or any failure to respond for over 15<br />
calendar days to inqueries by the Registrar, the Registry Operator and the Sponsor<br />
addressed to the email address of the administrative, billing or technical contact then<br />
appearing in the Whois directory with respect to an domain name concerning the accuracy<br />
of contact details associated with any registration(s) or the registration of any domain<br />
name(s) registered by or through the Registrant, shall constitute a breach of this<br />
agreement and be a basis for cancellation of the domain name.<br />
6 Use of information Registrant acknowledges that information provided by the<br />
Registrant will be:<br />
a) transmitted to the Registry Operator for registry use;<br />
b) publicly available as required by ICANN; and<br />
c) used by the Registrar, the Registry Operator and the Sponsor for inclusion in<br />
registers and data bases produced by them or their licensees.<br />
7 Correction of data Registrant may access data provided and rectify any incorrect data
elating to Registrant through a login and password provided by <strong>Nominalia</strong>.<br />
8 Consent Registrant consents to the use of the information provided by it for the purposes<br />
set out in clause 6. If Registrant does not consent to the use of the information for the<br />
purposes set out in clause 6(c), then the Registrant must provide non consent verification<br />
stating the name and address of the Registrant and signed by an appropriate authorised<br />
individual. This must be sent to <strong>Nominalia</strong> Internet S.L., Josep<br />
Pla, 2, Torres Diagonal Litoral Edificio B3, planta 3-D, 08019 Barcelona, Spain.<br />
9 Notice to third parties Registrant warrants that:<br />
a) it has provided, or will provide, to each third party individual whose personal details the<br />
Registrant has provided to Registrar, the same information about use of those details as<br />
set out in clauses 6, 7 and 8; and b) each third party individually has consented to use of<br />
their personal data for the purposes set out in this agreement.<br />
10 Use of information The Registrar, the Registry Operator and the Sponsor will not<br />
process information in a manner incompatible with the purposes and limitations set out<br />
in clauses 6 and 7.<br />
11 Reasonable precautions The Registrar, the Registry Operator and the Sponsor will take<br />
reasonable precautions to protect personal information obtained from Registrant from loss,<br />
misuse, unauthorised access or disclosure, alteration or destruction.<br />
12 Limitation of liability To the extent permitted by law, Registrant agrees that neither the<br />
Registrar, the Registry Operator and the Sponsor have any liability to the Registrant or the<br />
Registrant's agent for any loss Registrant may incur in connection with the processing of<br />
this agreement, the processing of any pre-registration application or application for a<br />
domain name, the processing of any authorized modification to the domain name's record<br />
during the covered registration period, or the failure by the Registrant's agent to pay a preregistration<br />
or registration fee or renewal fee, or as a result of the application of the<br />
provisions of the relevant domain name dispute policy.<br />
13 Suspension, cancellation, transfer Registrant agrees that registration of its domain<br />
name shall be subject to suspension, cancellation or transfer by the Registrar or the<br />
Sponsor pursuant to any Sponsor or ICANN adopted specification or policy, or pursuant<br />
to any Registrar or registry procedure not inconsistent with an ICANN adopted<br />
specification or policy:<br />
a) to correct mistakes by Registrar, the Registry Operator of the Sponsor in registering the<br />
domain name; and<br />
b)for the resolution of disputes concerning the domain name<br />
14 Indemnity<br />
The Registrant agrees to indemnify, keep indemnified and hold the Registrar, the Registry<br />
Operator, the Sponsor and their directors, officers, employees and agents harmless from<br />
and against all and any and all claims, damages, liabilities, costs and expenses (including<br />
reasonable legal fees and expenses) arising out of or relating to Registrant's domain name<br />
registration or pre-registration, or to the Registrant's use of the domain name.<br />
15 Submission to jurisdiction<br />
For the adjudication of disputes concerning or arising from the use of the domain name,<br />
the Registrant submits, without prejudice to other potentially applicable jurisdictions, to<br />
the jurisdictions of the courts of:<br />
a) the Registrant's domicile; and<br />
b) the place where the Sponsor is located.<br />
16 Domain name licence<br />
Domain Names will be registered to Registrants only for fixed periods. At the conclusion<br />
of the registration period, failure by or on behalf of the Registrant to pay a renewal fee<br />
within the time specified shall, in the absence of extenuating circumstances, result in<br />
cancellation of the registration. The domain name is personal to the Registrant, and the
Registrant may not transfer or license the domain name to any other person.<br />
17 Changes to the Domain Name Management Policy<br />
The Registrant acknowledges that the Policy is expected to evolve. Changes in the Policy<br />
may result in cancellation or non-renewal of the registration or a change of terms under<br />
which the registration may be maintained.<br />
18 Agreement with policies<br />
Registrant acknowledges that it has read and understood, and agrees to be bound by the<br />
terms and conditions of the following documents, as they may be amended from time to<br />
time, which are incorporated and made an integral part of this agreement:<br />
a) Uniform Domain Name Dispute Resolution Policy ("UDRP" -<br />
http://www.icann.org/dndr/udrp/policy.htm). The UDRP applies to challenges to a<br />
registered domain name on the grounds that the domain name is identical with or<br />
confusingly similar to a trademark in which the complainant has rights;<br />
b) Charter Eligibility Dispute Resolution Policy ("CEDRP" -<br />
http://www.icann.org/tlds/agreements/sponsored/sponsorship-agmt-att12-<br />
13oct01.htm). The CEDRP applies to challenges to registered domain names<br />
on the grounds that the Registrant set forth in the Sponsored <strong>TLD</strong> Charter; and<br />
c) Eligibility Reconsideration Policy<br />
(http://www.information.aero/policy/erp.htm).<br />
d) Domain Management Policy<br />
(http://www.information.aero/policy/aerodmp.htm).<br />
19 Breach Registrant agrees that failure to abide by any provision of this agreement or any<br />
relevant domain name dispute policy may be considered by Registrar or the Sponsor as a<br />
material breach and that Registrar or the Sponsor may provide a notice describing the<br />
breach to the Registrant. If ,within 30 days of the date of the notice, the Registrant fails to<br />
provide evidence, which is reasonably satisfactory to the Registrar or the Sponsor (as the<br />
case may be) that it has not breached its obligations, then Registrar or the Sponsor may<br />
delete Registrant's registration of the domain name. Any such breach by a Registrant shall<br />
not be taken to be excused simply because the Registrar or the Sponsor did not act earlier<br />
in response to that, or any other, breach by the Registrant. Notice may be given by mail,<br />
facsimile, email or other electronic means.<br />
REGISTRATION CONDITIONS OF .US.<br />
Registrants in the us<strong>TLD</strong> must be either:<br />
1. A natural person (i) who is a United States citizen, (ii) who is a permanent resident of<br />
the United States of America or any of its possessions or territories, or (iii) whose primary<br />
place of domicile is in the United States of America or any of its possessions. Statement of<br />
citizenship or legal permanent residency required. If not completed, registration will be<br />
rejected.<br />
2. A United States entity or organization that is (i) incorporated within one of the fifty (50)<br />
U.S. states, the District of Columbia, or any of the United States possessions or territories,<br />
or (ii) organized or otherwise constituted under the laws of a state of the United States of<br />
America, the District of Columbia or any of its possessions or (including a federal, state, or<br />
local government of the United States, or a political subdivision thereof, and non-<br />
commercial organizations based in the United States).<br />
3. A foreign entity or organization that has a bona fide presence in the United States of<br />
America or any of its possessions or territories. · Applicant must state country of<br />
citizenship. · Applicant must also (1) regularly engage in lawful activities (sales of goods or<br />
services or other business, commercial or noncommercial including not- for- profit<br />
activities) in the United States; or (2) maintain an office or other property within the United<br />
States.<br />
CORE Registration Agreement
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use<br />
of the Internet Council of Registrars ("CORE") to register a domain name on the Internet.<br />
To complete the registration process, you must read and agree to be bound by all terms<br />
and conditions of this Agreement, the accompanying fee schedule and dispute policy, and<br />
any rules or policies that are or may be published by CORE. This Agreement will become<br />
effective if accepted by CORE. CORE is an accredited registrar with the Internet<br />
Corporation for Assigned Names and Numbers ("ICANN") under an agreement between<br />
CORE and ICANN ("ICANN Agreement"). You acknowledge that CORE may modify this<br />
Agreement if necessary to comply with its ICANN Agreement, or otherwise.<br />
1. Fees<br />
As consideration for the domain name registration services provided by CORE, the CORE<br />
member through which your application is processes shall pay all applicable initial<br />
registration fees and renewal fees. You will be notified when renewal fees are due, and it<br />
shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid<br />
by the time specified in the renewal notice, your registration will be cancelled. You agree<br />
that CORE shall have no liability whatsoever with respect to any such cancellation.<br />
2. Dispute Policy<br />
You agree to be bound by the current CORE Domain Name Dispute Policy ("Dispute<br />
Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be<br />
found at http://www.corenic.org/dispute-policy. Any disputes regarding the right to use your<br />
domain name will be subject to the Dispute Policy. CORE may modify the Dispute Policy in<br />
its sole discretion at any time. Your continued registration of your domain name after<br />
modification to the Dispute Policy becomes effective constitutes your acceptance of those<br />
modifications. If you do not agree to such a modification, you may request that your<br />
domain name be deleted. You agree that you will be subject to the provisions specified in<br />
the Dispute Policy in effect at the time your domain name is challenged by a third party.<br />
You also agree that in the event a domain name dispute arises with any third party, you<br />
will indemnify and hold CORE harmless pursuant to the terms and conditions contained in<br />
the Dispute Policy.<br />
3. Use of Your Information<br />
As part of the registration process, you are required to provide certain information and to<br />
update this information to keep it current, complete and accurate. This information includes<br />
(i) your full name, postal address, e-mail address, voice telephone number, and fax<br />
number if available; (ii) the name of an authorized person for contact purposes in the case<br />
of a registrant that is an organization, association, or corporation; (iii) the IP addresses of<br />
the primary nameserver and any secondary nameservers for the domain name; (iv) the<br />
corresponding names of those nameservers; (v) the full name, postal address, e-mail<br />
address, voice telephone number, and fax number if available of the technical contact for<br />
the domain name; (vi) the full name, postal address, e-mail address, voice telephone<br />
number, and fax number if available of the administrative contact for the domain name;<br />
(vii) the name, postal address, email address, voice telephone number, and fax number if<br />
available of the zone contact for the domain name; and (viii) any remark concerning the<br />
registered domain name that should appear in the Whois data. You acknowledge that<br />
willfully providing inaccurate information or willfully failing to update information promptly<br />
will constitute a material breach of this Agreement and will be a basis for cancellation of<br />
your domain name. If you license use of a domain name to a third party, you are<br />
nonetheless the holder of record of the domain name and are responsible for providing<br />
your own full contact information and for providing and updating accurate technical,<br />
administrative, and zone contact information. You acknowledge that CORE will make<br />
some of the information that you provide during the registration process publicly available<br />
as required by ICANN.
Additionally, you acknowledge that ICANN may impose guidelines, limits and/or<br />
requirements that relate to the amount and type of information that CORE may or must<br />
make available to the public or to private entities. CORE will not otherwise disclose your<br />
information to any third party unless it is required to maintain your domain name. You may<br />
request a copy of your information in CORE's possession to review, modify or update such<br />
information.<br />
4. Use Policies<br />
CORE reserves the right to suspend or cancel your domain name in the event that you use<br />
the domain name to send unsolicited commercial advertisements in contradiction to either<br />
applicable laws or customary acceptable usage policies of the Internet, or if you use your<br />
domain name in connection with unlawful activity.<br />
5. Agents and Licenses<br />
You agree that, if your domain name is registered on your behalf by anyone acting as your<br />
agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a<br />
principal by all terms and conditions provided herein, including the Dispute Policy. You<br />
agree that if you license the use of your domain name to a third party, you re-main the<br />
domain name holder, and remain responsible for all obligations under this Agreement.<br />
6. Limitation of Liability<br />
YOU AGREE THAT CORE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON<br />
FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A<br />
<strong>DOMAIN</strong> NAME, (b) THE USE OF YOUR <strong>DOMAIN</strong> NAME, (c) ACCESS DELAYS OR<br />
ACCESS INTERRUPTIONS TO CORE'S REGISTRATION SYSTEM; (d) THE NON-<br />
DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND CORE; (e) EVENTS<br />
BEYOND CORE'S REASONABLE CONTROL; (f) THE PROCESSING OF THIS<br />
APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD<br />
ASSOCIATED WITH YOUR <strong>DOMAIN</strong> NAME, (h) THE FAILURE OF YOU OR YOUR<br />
AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE<br />
DISPUTE POLICY. FURTHER, CORE WILL NOT BE LIABLE FOR ANY INDIRECT,<br />
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING<br />
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN<br />
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CORE<br />
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT<br />
SHALL CORE'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU<br />
TO CORE FOR REGISTRATION OF YOUR <strong>DOMAIN</strong> NAME DURING THE PRIOR 3<br />
YEARS UNDER THE <strong>TERMS</strong> OF THIS AGREEMENT. BECAUSE SOME STATES DO<br />
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL<br />
OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE<br />
EXTENT PERMITTED BY LAW.<br />
7. Indemnity<br />
You agree to defend, indemnify and hold harmless CORE and any applicable domain<br />
name registry, including Verisign, Inc., and the directors, officers, employees and agents of<br />
each of them, for any loss, damages or costs, including reasonable attorneys' fees,<br />
resulting from any third party claim, action, or demand related to your domain name or the<br />
use thereof. This indemnification is in addition to any indemnification required under the<br />
Dispute Policy.<br />
8. Representations and Warranties<br />
You represent and warrant that all information provided by you in connection with your<br />
registration is complete and accurate. CORE makes no representation or warranties of any<br />
kind in connection with this Agreement. CORE does not represent or warrant that<br />
registration of your domain name will immunize you from challenges to your domain name.<br />
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied by you<br />
within 30 days of notice by CORE. If you fail to cure the breach, CORE may revoke your<br />
registration of the domain name. You also agree that CORE shall have the right in its sole<br />
discretion to revoke, suspend, transfer or otherwise modify a domain name registration<br />
upon seven (7) calendar days prior written notice, or at such time as CORE receives a<br />
properly authenticated order from a court of competent jurisdiction, or arbitration award, requerying<br />
the revocation, suspension, transfer or modification of the domain name<br />
registration.<br />
10. Governing Law<br />
This Agreement, your rights and obligations and all actions contemplated by this<br />
Agreement shall be governed by the laws of Switzerland, as if the Agreement was a<br />
contract wholly entered into and wholly performed within Switzerland. Any action to<br />
enforce this Agreement or any matter relating to your use of the CORE site shall be<br />
brought exclusively in the courts of Switzerland located in Geneva.<br />
11. General<br />
This Agreement, the CORE fee schedule and the Dispute Policy, together with all<br />
amendments or modifications to any of them, constitute the complete and exclusive<br />
agreement between you and CORE, and supersede and govern all prior proposals,<br />
agreements, or other communications. Nothing contained in this Policy shall be construed<br />
as creating any agency, partner-ship, or other form of joint enterprise between the parties.<br />
The failure of CORE to require your performance of any provision hereof shall not affect<br />
the full right to require such performance at any time thereafter; nor shall the waiver by<br />
CORE of a breach of any provision hereof be taken or held to be a waiver of the provision<br />
itself. In the event that any provision of this Agreement shall be unenforceable or invalid<br />
under any applicable law or be so held by applicable court decision, such unenforceability<br />
or invalidity shall not render this Agreement unenforceable or invalid as a whole. CORE<br />
will amend or replace such provision with one that is valid and enforceable and which<br />
achieves, to the extent possible, the original objectives and intent of CORE as reflected in<br />
the original provision. No provision of this Agreement, including the CORE fee schedule<br />
and the Dispute Policy, may not be amended or modified by you except by means of a<br />
written document signed by CORE.<br />
.MUSEUM Registration Agreement<br />
.museum is governed by a name policy:<br />
o The names registered should be as explicit as possible, clearly derived from the name of<br />
the organization or the name by which it is known.<br />
o Now, an individual museum may also register domain names in 2 levels. A second label<br />
need not be a dictionary word but adapted and concatenated terms that specifically<br />
designate the entity to which it is assigned (may not contain a generic term or a location<br />
designation as the second-level label) For example: chicagoart.museum or<br />
musedoma.museum.<br />
o We recommend that museum domains have at least 3 levels and that they be of the<br />
following type: place.discipline.museum or discipline.place.museum.<br />
For example: chicago.art.museum.<br />
o Museum professionals should register their domains as<br />
name.surname.profession.museum or<br />
name.surname.profession.museum.<br />
For example: john.smith.curator.museum<br />
o The word national cannot be used unless the country is specified.<br />
For example: national.art.museum should be uk.national.art.museum, for<br />
example.
o The word museum cannot be repeated on other levels.<br />
For example: museum.chocolate.museum would not be considered valid.<br />
o If the museum in question is of a virtual nature, the web should be found under<br />
the following type of name:<br />
virtual.museum, online.museum, cyber.museum or digital.museum.<br />
These are the main conditions. If you would like to view the complete name policy, click<br />
Here<br />
.JOBS Registration Agreement<br />
SHRM Code of Ethical and Professional Standards in Human Resource Management<br />
Society for Human Resource Management<br />
CODE PROVISIONS<br />
PROFESSIONAL RESPONSIBILITY<br />
Core Principle<br />
As HR professionals, we are responsible for adding value to the organizations we serve<br />
and contributing to the ethical success of those organizations. We accept professional<br />
responsibility for our individual decisions and actions. We are also advocates for the<br />
profession by engaging in activities that enhance its credibility and value.<br />
Intent<br />
o To build respect, credibility and strategic importance for the HR profession within our<br />
organizations, the business community, and the communities in which we work.<br />
o To assist the organizations we serve in achieving their objectives and goals.<br />
o To inform and educate current and future practitioners, the organizations we serve, and<br />
the general public about principles and practices that help the profession.<br />
o To positively influence workplace and recruitment practices.<br />
o To encourage professional decision-making and responsibility.<br />
o To encourage social responsibility.<br />
Guidelines<br />
14. Adhere to the highest standards of ethical and professional behavior.<br />
15. Measure the effectiveness of HR in contributing to or achieving organizational goals.<br />
16. Comply with the law.<br />
17. Work consistent with the values of the profession.<br />
18. Strive to achieve the highest levels of service, performance and social responsibility.<br />
19. Advocate for the appropriate use and appreciation of human beings as employees.<br />
20. Advocate openly and within the established forums for debate in order to influence<br />
decision-making and results.<br />
PROFESSIONAL DEVELOPMENT<br />
Core Principle<br />
As professionals we must strive to meet the highest standards of competence and commit<br />
to strengthen our competencies on a continuous basis.<br />
Intent<br />
o To expand our knowledge of human resource management to further our understanding<br />
of how our organizations function.<br />
o To advance our understanding of how organizations work ("the business of the<br />
business").<br />
Guidelines<br />
23. Pursue formal academic opportunities.<br />
24. Commit to continuous learning, skills development and application of new knowledge<br />
related to both human resource management and the organizations we serve.<br />
25. Contribute to the body of knowledge, the evolution of the profession and the growth of<br />
individuals through teaching, research and dissemination of knowledge.
26. Pursue certification such as CCP, CEBS, PHR, SPHR, etc. where available, or<br />
comparable measures of competencies and knowledge.<br />
ETHICAL LEADERSHIP<br />
Core Principle<br />
HR professionals are expected to exhibit individual leadership as a role model for<br />
maintaining the highest standards of ethical conduct.<br />
Intent<br />
o To set the standard and be an example for others.<br />
o To earn individual respect and increase our credibility with those we serve.<br />
Guidelines<br />
29. Be ethical; act ethically in every professional interaction.<br />
30. Question pending individual and group actions when necessary to ensure that<br />
decisions are ethical and are implemented in an ethical manner.<br />
31. Seek expert guidance if ever in doubt about the ethical propriety of a situation.<br />
32. Through teaching and mentoring, champion the development of others as<br />
ethical leaders in the profession and in organizations.<br />
FAIRNESS AND JUSTICE<br />
Core Principle<br />
As human resource professionals, we are ethically responsible for promoting and<br />
fostering fairness and justice for all employees and their organizations.<br />
Intent<br />
To create and sustain an environment that encourages all individuals and the<br />
organization to reach their fullest potential in a positive and productive manner.<br />
Guidelines<br />
33. Respect the uniqueness and intrinsic worth of every individual.<br />
34. Treat people with dignity, respect and compassion to foster a trusting work<br />
environment free of harassment, intimidation, and unlawful discrimination.<br />
35. Ensure that everyone has the opportunity to develop their skills and new<br />
competencies.<br />
36. Assure an environment of inclusiveness and a commitment to diversity in the<br />
organizations we serve.<br />
37. Develop, administer and advocate policies and procedures that foster fair,<br />
consistent and equitable treatment for all.<br />
38. Regardless of personal interests, support decisions made by our organizations<br />
that are both ethical and legal.<br />
39. Act in a responsible manner and practice sound management in the<br />
country(ies) in which the organizations we serve operate.<br />
CONFLICTS OF INTEREST<br />
Core Principle<br />
As HR professionals, we must maintain a high level of trust with our stakeholders. We<br />
must protect the interests of our stakeholders as well as our professional integrity and<br />
should not engage in activities that create actual, apparent, or potential conflicts of<br />
interest.<br />
Intent<br />
To avoid activities that are in conflict or may appear to be in conflict with any of the<br />
provisions of this Code of Ethical and Professional Standards in Human Resource<br />
Management or with one's responsibilities and duties as a member of the human<br />
resource profession and/or as an employee of any organization.<br />
Guidelines<br />
40. Adhere to and advocate the use of published policies on conflicts of interest<br />
within your organization.
41. Refrain from using your position for personal, material or financial gain or the<br />
appearance of such.<br />
42. Refrain from giving or seeking preferential treatment in the human resources<br />
processes.<br />
43. Prioritize your obligations to identify conflicts of interest or the appearance<br />
thereof; when conflicts arise, disclose them to relevant stakeholders.<br />
USE OF INFORMATION<br />
Core Principle<br />
HR professionals consider and protect the rights of individuals, especially in the acquisition<br />
and dissemination of information while ensuring truthful communications and facilitating<br />
informed decision-making.<br />
Intent<br />
To build trust among all organization constituents by maximizing the open exchange of<br />
information, while eliminating anxieties about inappropriate and/or inaccurate acquisition<br />
and sharing of information<br />
Guidelines<br />
44. Acquire and disseminate information through ethical and responsible means.<br />
45. Ensure only appropriate information is used in decisions affecting the employment<br />
relationship.<br />
46. Investigate the accuracy and source of information before allowing it to be used in<br />
employment related decisions.<br />
47. Maintain current and accurate HR information.<br />
48. Safeguard restricted or confidential information.<br />
49. Take appropriate steps to ensure the accuracy and completeness of all communicated<br />
information about HR policies and practices.<br />
50. Take appropriate steps to ensure the accuracy and completeness of all communicated<br />
information used in HR-related training.<br />
o Society for Human Resource Management Bylaws<br />
For information on disciplinary procedures for violations of the Code of Ethical and<br />
Professional Standards, please review Article 2, Section 5 of the SHRM<br />
Bylaws<br />
o Code of Ethics Toolkit: A Guide to Developing Your Organization's Code of Ethics<br />
o Code of Ethics Toolkit: A Guide to Developing Your SHRM Chapter's Code of Ethics<br />
The CompanyName.jobs Usage Policy (CNUP)<br />
Your companyname.jobs domain name must be used for Human Resources (HR) related<br />
purposes, and particularly for the purpose of promoting the HR interests on your own<br />
company (such as your own hiring needs).<br />
You may NOT use your companyname.jobs domain name for:<br />
o Spam<br />
o Adult content (i.e., porn)<br />
o Cybersquatting<br />
o Job Aggregation (i.e., third-party job listings not your own)<br />
o Any purpose prohibited by law<br />
o Identity theft, phishing, hacking and distribution of viruses<br />
o Defaming, Embarrassing, harming or harassing third parties<br />
o Any act of fraud<br />
You are responsible for the usage of your companyname.jobs domain name at all times<br />
during the period of your registration. In the event of any violation of the CNUP, .jobs<br />
reserves the right to revoke, suspend, terminate, cancel or otherwise modify your rights<br />
to your domain name.<br />
.TRAVEL Additional provisions
62. Registrant understands the eligibility requirements and states that it is an<br />
eligible entity to register a .travel domain and is related to one of the following<br />
categories:<br />
Airlines<br />
Attractions/Theme Parks<br />
Bed & Breakfast Houses<br />
Bus/Taxi/Limousine Operators<br />
Camp Facility Operators<br />
Car Rental Companies<br />
Computer Reservation/Travel Technology Provider<br />
Convention & Visitor's Bureaus<br />
Cruise Lines<br />
Ferries<br />
Hotels/Resorts/Casinos<br />
National Tourism Offices<br />
Passenger Rail Lines<br />
Restaurants<br />
Tour Operators<br />
Travel Agents<br />
Travel Media<br />
Travel-Consumer and Market Research Organizations<br />
63. Registrant acknowledges that if it ceases to be a member of the travel industry as<br />
defined by the Registry policy, then the registrant must give a 14 days notice to Registrar<br />
of ceasing to be eligible for the respective .travel name.<br />
64. Registrant has obtained a UIN (Unique Identification Number), from one of the .travel<br />
official authenticating members, to be used to eligibly register a .travel domain name.<br />
65. Registrant shall not attempt to create a 3rd level domain under the .travel domain<br />
name unless for its own web service use, such as the its website or email service.<br />
66. Renewal - Within 30-60 prior to the anniversary of the domain name, registrant will<br />
apply via authenticating organization, the same way as done with the initial registration, to<br />
ensure to eligibility has been changed through the term of the registration.<br />
67. Transfer of ownership - Where a registrant wishes to transfer its domain to another<br />
entity, then the new holder of the domain name must initiate an application to an<br />
authenticating organization as if it was a new application for a new domain name.<br />
68. Revocation - The Registrar and/or the Registry reserve the right to revoke the domain<br />
name and/or the use of the domain name for the following reasons:<br />
The registrant's status changes and they cease to be a member of the eligible<br />
community defined by the .travel Charter and .travel policies;<br />
If any prescribed registration, transfer, renewal or other fee is not paid;<br />
If a warranty made by the registrant or their agent is breached;<br />
If any information provided in the course of registration is incorrect;<br />
If misleading, incomplete or incorrect information is supplied in the application for<br />
registration, transfer or renewal;<br />
Failure to comply with any .travel policy that applies to the registrant at any time;<br />
If a court of competent authority orders that the .travel domain name should not be<br />
licensed to the Registrant, be removed from the registry or be licensed to another person;<br />
If the .travel domain name, or the use of the .travel domain name, is not in the best<br />
interests of the Sponsored community;<br />
If instructed by the registrant or its authorized agent; and<br />
If a .travel domain name which could not otherwise be registered under this policy is<br />
registered through mistake on the part of the registrant or the Registry.
69. Representation –<br />
the registrant understands the eligibility requirements of the .travel <strong>TLD</strong> and meets those<br />
requirements,<br />
the selected name meets the requirements of the .travel name selection policy;<br />
information provided is accurate and complete, and that any future changes to this<br />
information will be provided in a timely manner;<br />
the registration of the domain name nor its use will directly or indirectly infringe the legal<br />
rights of a third party or contravene any .travel policies;<br />
the registrant power and authority to execute the agreement and to perform their<br />
obligations;<br />
the domain name is not registered for an unlawful purpose;<br />
the domain name will not be used in violation of any applicable laws or regulations;<br />
the registrant is of legal age; and<br />
the registrant will indemnify the Registry against all claims and demands from third<br />
parties regarding registration and use of the .travel domain name.<br />
.CAT <strong>DOMAIN</strong> NAME REGISTRATION AGREEMENT<br />
In order to complete the registration process you must read and agree to be bound by<br />
all terms and conditions herein.<br />
<strong>TERMS</strong> AND CONDITIONS<br />
70. Definitions<br />
"You" and "your" refers to the individual or entity that wishes to register a .CAT domain<br />
name or a defensive registration (as defined below). "We" and "us" refers to Fundació<br />
puntCAT ("REGISTRY"), with domicile in Carrer del Carme 47, 08001 Barcelona<br />
(Catalonia; Spain; EU), the entity responsible for managing and operating the registry for<br />
the .CAT s<strong>TLD</strong>. "Agreement" refers to this .CAT Domain Name Registration Agreement<br />
"Registrar", refers to the entity submitting your .cat application on your behalf, and is<br />
accredited by Registry in order to create, modify, update and delete domain names in the<br />
.cat database.<br />
"ICANN" means the Internet Corporation for Assigned Names and Numbers, the entity that<br />
selected Fundació puntCAT as the Registry for .cat <strong>TLD</strong> and Registrar as an authorized<br />
registrar for g<strong>TLD</strong>s, including .cat.<br />
71. Scope of the Agreement<br />
1. This Agreement explains our obligations to You and your obligations to us in relation to<br />
your use of our Registry services. The following types of registrations within the ".CAT"<br />
Top Level Domain are available to qualified persons and entities:<br />
1. Registered Domain Names (ie. .CAT Domain Names);<br />
2. Defensive Registrations (i.e. registrations granted to registrants which aim to prevent a<br />
third party from registering either an exact match of a trademark or any variation of a<br />
trademark, which registration will not resolve within the domain name system).<br />
2. In order to register a .CAT Domain Name, you declare that you are part of the Catalan<br />
Linguistic and Cultural Community in the terms specified by the .CAT Charter that can be<br />
found at http://www.domini.cat/charter.pdf, incorporated to this Agreement by reference. In<br />
case you don't fulfill such requirement, REGISTRY will deny your application for a<br />
Registered Domain name, or might suspend or cancel it after registration.<br />
72. Enforceability of the Agreement<br />
0. The Agreement shall not be effective until and if accepted by us. The registration of the<br />
domain name shall imply our acceptance of the Agreement. Upon acceptance of the
Agreement its terms and conditions shall be binding for both parties. You acknowledge<br />
that you are submitting this Agreement through a .CAT-accredited registrar.<br />
1. REGISTRY may amend this Agreement at any time, and your continued use of the<br />
domain name, understood as its presence on your name within our system, will imply<br />
acceptance of the new terms. The current version of the Agreement can be found at<br />
http://www.domini.cat/agreement.pdf.<br />
73. Your Data<br />
0. As part of the registration process you are required to provide us with the following<br />
information:<br />
1. your full name, postal address, e-mail address, voice telephone number, and fax<br />
number if available;<br />
2. the name of an authorized person for contact purposes in case of a registrant that is an<br />
organization, association or corporation;<br />
3. the IP addresses of the primary nameserver and secondary nameserver for the domain<br />
name;<br />
4. the corresponding names of those nameservers;<br />
5. the full name, postal address, e-mail address, voice telephone number, and fax number<br />
if available of the administrative, technical and billing contacts for the domain name;<br />
6. a Declaration of Intent of Use for the domain name you want to register<br />
Without prejudice to the above, REGISTRY (and/or Registrar) may request other relevant<br />
data that may be kept by REGISTRY (and/or Registrar) in order to facilitate the<br />
relationship with you.<br />
1. You agree to respond within fifteen (15) calendar days to inquiries from us or your<br />
Registrar concerning the accuracy of your Data. Should You not respond to any inquiry<br />
from us or your Registrar concerning the accuracy of your Data within the fifteen (15)<br />
calendar days following the notification to You of such inquiry, REGISTRY or your<br />
Registrar shall be entitled to cancel or put on hold your domain.<br />
2. You acknowledge that your Data will be:<br />
1. publicly available through the Whois Database Service, by itself or through any research<br />
engine developed by the Registry for the consultation of such a data base;<br />
2. made available to ICANN (and to IronMountain, Inc, the escrow agent mandated by the<br />
agreement with ICANN) for escrow and inspection; both companies are located in the<br />
United States of America.<br />
3. included and kept in our databases, managed by CORE Internet Council of Registrars,<br />
a Swiss Association, for the provision of our services and for the maintenance and<br />
development of the commercial relationship.<br />
3. Your Data will be held and processed by us, REGISTRY and ICANN, for the purposes<br />
indicated<br />
above. By accepting this Agreement, you consent to the use of your Data as described<br />
above, and to the transfer of data to the abovementioned recipients.<br />
4. Furthermore, subject to the policies implemented by ICANN, we may be contractually<br />
required to provide third-party bulk access to your Data for commercial purposes. Prior to<br />
providing third party bulk access to your Data we will obtain an agreement in writing from<br />
such party by which it commits not to use your Data for mass, unsolicited, commercial<br />
advertising purposes ("spam").<br />
5. With respect to third-party personal data that you provide us with, you guarantee that<br />
you have informed to such third-party individuals of the intended uses and recipients of<br />
their personal data and have obtained of such third party individuals the corresponding<br />
consent.<br />
6. You may request us a copy of your Data in our possession to review them by<br />
completing the form found at http://www.domini.cat/whoisquestions.html
Modifications or updates to your Data will be performed exclusively through your Registrar.<br />
7. We will not process your Data in a manner incompatible with the purposes and uses<br />
mentioned above. We will take reasonable precautions to protect your Data from loss,<br />
misuse, unauthorized access or disclosure, alteration or destruction.<br />
74. Agents<br />
You agree that if this Agreement is completed by anyone on your behalf, acting as your<br />
agent, you are nonetheless bound as a principal by all terms and conditions provided<br />
herein, including the any dispute-resolution policy foreseen in this Agreement.<br />
75. Policies of Use<br />
You agree that the Registered Domain Name shall be in accordance with the syntactic<br />
norms established by ICANN, and shall not consist of any of the reserved names<br />
established by us. Said norms and policies can be found at<br />
http://www.domini.cat/policies.html. You acknowledge that a domain name registered<br />
against the syntactic norms or the reserved names may be cancelled. We will not be liable<br />
in any case for such cancellation.<br />
76. Dispute Policies<br />
You agree that, if your use of our domain name registration services is challenged by a<br />
third party, You will be subject to proceedings commenced under the REGISTRY's<br />
Mediation Policy, Eligibility Requirements Dispute Resolution Policy ("ERDRP"), Charter<br />
Compliance Policy and Charter Compliance Reconsideration Policy. These policies are<br />
incorporated to this Agreement by reference and can be found at<br />
http://www.domini.cat/policies.html . You agree to accept the decisions issued in<br />
connection with the domain name or defensive registration as a consequence of the<br />
proceedings commenced under the Eligibility Requirements Dispute Resolution Policy<br />
("ERDRP"), Charter Compliance Policy and Charter Compliance Reconsideration Policy,<br />
including the eventual blockage or cancellation of the domain name or the defensive<br />
registration. Theses policies may be subject to modifications.<br />
You agree to submit to proceedings commenced under ICANN's Uniform Domain Name<br />
Dispute Resolution Policy ("UDRP"). The UDRP is incorporated to this Agreement by<br />
reference and can be found at http://www.icann.org/udrp/udrp.htm. This policy is subject to<br />
modifications.<br />
You agree that in the event a Registered Domain Name or a Defensive Registration<br />
dispute arises with any third party, you will indemnify and hold us and your Registrar<br />
harmless pursuant to the terms and conditions set forth below in this Agreement. If we are<br />
notified that a complaint has been filed with a judicial or administrative body regarding your<br />
use of our domain name registration services, you agree not to make any changes to your<br />
domain name or defensive registration record without our prior approval. We may not allow<br />
you to make changes to such domain name record until (i) we are directed to do so by the<br />
judicial or administrative body, or (ii) we receive notification by you and the other party<br />
contesting your registration that the dispute has been settled.<br />
77. Breach of the Agreement<br />
You agree that your failure to abide by any provision of this Agreement, any REGISTRY<br />
operating rule or policy or your willful provision of inaccurate or unreliable information as<br />
part of the registration process, or your failure to update your information to keep it current,<br />
complete or accurate, or your failure to respond for over fifteen (15) calendar days to<br />
inquiries from us concerning the accuracy of the details associated with your domain name<br />
registration or defensive registration may be considered by us to be a material breach of<br />
this Agreement and that we may provide a written notice, describing the breach, to you. If<br />
within fifteen (15) calendar days of the date of such notice, you fail to provide reasonable<br />
evidence that you have not breached your obligations under this Agreement, then we may<br />
delete the registration or reservation of your domain name or defensive registration and/or
terminate the other services you are using from REGISTRY without further notice. We will<br />
not refund any fees paid by you if we terminate this Agreement due to your breach. Any<br />
such breach by you shall not be deemed to be excused simply because we did not act<br />
earlier in response to that or any other breach by you.<br />
78. Cancellation, Suspension of the Domain Name<br />
0. You agree to comply with the requirements set forth by REGISTRY in order to register a<br />
.CAT domain name. These requirements are incorporated to this Agreement by reference<br />
and can be found at http://www.domini.cat/policies.html . In case you do not fulfill the said<br />
requirements or use the domain name for illegal purposes including, without limitation,<br />
speculative registration, use in bad faith or aimed at harming third-parties' rights, deviation<br />
from the intend of use declared by You at the moment of registering the domain name,<br />
massive transmission of unsolicited electronic communications ("spam") or any other<br />
illegal use, you agree that the domain name used for such purposes may be cancelled by<br />
the Registry.<br />
1. You acknowledge that (i) if you willfully provide inaccurate or unreliable information or<br />
willfully fail to update information promptly and (ii) if you fail to follow the policies of use<br />
established by ICANN and REGISTRY, will constitute a material breach of this Agreement<br />
and that it will entitle us to cause the cancellation of your registration.<br />
2. You understand and accept that your domain name registration may be cancelled,<br />
suspended or transferred pursuant to any ICANN adopted specification or policy or<br />
pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted<br />
specification (i) to correct mistakes in registering the domain name, including but not<br />
limited to, the cancellation, within forty five (45) days from registration, of your domain<br />
name when its registration has taken place as a result of a previous erroneous<br />
cancellation; or (ii) for the resolution of disputes concerning the domain name.<br />
3. You understand and accept that REGISTRY may cause the cancellation or transfer of<br />
your registration that it deems necessary, in its discretion, to protect the stability or the<br />
registry, to comply with any applicable laws, government rules or requirements, requests<br />
of law enforcement, or to avoid any liability, civil or criminal.<br />
You understand that we will have to cause the cancellation of your domain name<br />
registration or defensive registration if we receive a notification to that effect issued by a<br />
competent authority under the relevant applicable laws.<br />
79. Sunrise Period<br />
0. You agree to comply with the special requirements set forth by us for domain names<br />
qualifying for the Sunrise Period, which are incorporated to this Agreement by reference<br />
and can be found at http://www.domini.cat/sunrise.html . These requirements are subject<br />
to modification.<br />
1. You acknowledge that REGISTRY will have no liability of any kind for any loss or liability<br />
resulting from the proceedings and processes relating to the Sunrise Period, including,<br />
without limitation your ability or inability to obtain a domain name during this period.<br />
80. Internationalized Domain Names (IDNs)<br />
0. You agree that in case you register a name with any special character allowed by<br />
REGISTRY (à; ç; é; è; í; ï; l·l; ó; ò; ú; ü) you will be also registering the ASCII equivalent<br />
(i.e., without those special characters), as defined in http://www.domini.cat/idn-policy.pdf .<br />
Both domains will be tied in all respects (contacts, servers, use). But you will be charged<br />
only for the price of one domain.<br />
1. You acknowledge that Internationalized Domain Names are still in an experimental<br />
stage and that not all browsers or other Internet applications support them yet. REGISTRY<br />
might decide in the future to unbundle both versions(ASCII and IDN) of your domain, and<br />
start charging for each of them separately at the subsequent renewal.<br />
81. Disclaimer of Warranties
We expressly disclaim all warranties of any kind, whether express or implied, including but<br />
not limited to the implied warranties of merchantability, fitness for a particular purpose and<br />
non-infringement. We make no warranty that our service(s) will meet your requirements, or<br />
that the service(s) will be uninterrupted, timely, secure, or error free; nor do we make any<br />
warranty as to the results that may be obtained from the use of the service(s) or as to the<br />
accuracy or reliability of any information obtained through our service(s). You understand<br />
and agree that any material and/or data downloaded or otherwise obtained through the<br />
use of our service(s) is done at your own discretion and risk and that you will be solely<br />
responsible for any damage to your computer system or loss of data that results from the<br />
download of such material and/or data. we make no warranty regarding any goods or<br />
services purchased or obtained through any of our services or any transactions entered<br />
into through such services. No advice or information, whether oral or written, obtained by<br />
you from us shall create any warranty not expressly made herein. To the extent<br />
jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions<br />
may not apply to you.<br />
82. Limitation of Liability<br />
0. You accept that we shall not be liable to you for (i) any loss of registration of a domain<br />
name or defensive registration for whatever reason not due to our negligence or willful<br />
misconduct; (ii) access delays, system errors or failures or interruptions to our registry<br />
system; (iii) non-delivery or misdelivery of data between you and us; (iv) events beyond<br />
our reasonable control; (v) events produced pursuant to the instructions received from<br />
ICANN; (vii) the application of any of the dispute policies.<br />
1. In no event shall our liability arising out of this Agreement, the claim of any third party, or<br />
the termination of this Agreement, exceed the amounts effectively paid by you to your<br />
Registrar for the registration of the relevant .CAT Domain name or Defensive Registration.<br />
In no event shall we have any liability for any indirect, incidental, special or consequential<br />
damages, however caused and on any theory of liability, including but not limited to loss of<br />
anticipated profits, even if it has been advised of the possibility of such damages.<br />
83. Indemnity<br />
0. You represent and warrant to us that to the best of your knowledge neither the<br />
registration of the domain name or the defensive registration or the manner in which it is<br />
directly or indirectly used infringes the legal rights of any third parties.<br />
1. You shall indemnify and hold harmless REGISTRY and its directors, officers,<br />
employees, and agents from and against any and all claims, losses, damages, liabilities,<br />
costs and expenses (including reasonable legal fees and expenses) arising out of or<br />
related to your domain name registration, defensive registration or use thereof. This<br />
indemnification is in addition to any indemnification required under the dispute policies.<br />
84. Applicable Law & Jurisdiction<br />
0. This Agreement shall be governed by the laws of the Kingdom of Spain. 1. Any claim,<br />
dispute or other matter in question with respect to or arising under this Agreement or the<br />
breach thereof shall be decided by either the Courts of your domicile, as indicated in our<br />
Whois database at the time of submission of the claim, or the courts of our registered<br />
domicile (Barcelona).<br />
85. General<br />
0. This Agreement contains our entire agreement and there are no other promises or<br />
conditions in any other agreement whether oral or written, except for the documents<br />
expressly incorporated by reference. This Agreement supersedes any prior written or oral<br />
agreements between you and us.<br />
1. If any provision of this Agreement shall be held to be invalid or unenforceable for any<br />
reason, the remaining provisions shall continue to be valid and enforceable. If a court finds<br />
that any provision of this Agreement is invalid or unenforceable, but that by limiting such
provision it would become valid or enforceable, then such provision shall be deemed to be<br />
written, construed, and enforced as so limited.<br />
.MOBI Registrations Conditions<br />
Acknowledge and agree that they must comply with the requirements, standards, policies,<br />
procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and<br />
consent to the monitoring of the website as described in the dotmobi Style Guide<br />
monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide.<br />
Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to<br />
modification by the Registry with any such changes appearing at the previously designated<br />
URL, and that Registrant must promptly comply with any such changes in the time allotted.<br />
Registered Name Holder shall:<br />
o Indemnify to the maximum extent permitted by law, defend and hold harmless Registry<br />
Operator, and its directors, officers, employees and agents from and against any and all<br />
claims, damages, liabilities, costs and expenses, including reasonable legal fees and<br />
expenses, arising out of or relating to the Registered Name Holder’s domain name<br />
registration and or use, and this indemnification obligation survive the termination or<br />
expiration of the registration agreement;<br />
o Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and<br />
affiliates, and the directors, officers, employees and agents or each of them, from and<br />
against any and all claims, damages, liabilities, costs and expenses, including reasonable<br />
legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain<br />
name registration and or use, and indemnification obligation survive the termination or<br />
expiration of the registration agreement;<br />
o Acknowledge and agree that notwithstanding anything in this Agreement to the contrary,<br />
m<strong>TLD</strong> Top Level Domain Ltd. (“dotmobi”), the Registry Operator of the .mobi <strong>TLD</strong>, is and<br />
shall be an intended third party beneficiary of this Agreement. As such, the parties to this<br />
Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have<br />
vested and that dotmobi has relied on its third party beneficiary rights under this<br />
Agreement in agreeing to <strong>Nominalia</strong> Internet S.L. being a registrar for the .mobi top-level<br />
domain. Additionally, the third party beneficiary rights of dotmobi shall survive any<br />
termination or expiration of this Agreement.<br />
o Comply with ICANN requirements, standards, policies, procedures, and practices for<br />
which Registry Operator has monitoring responsibility in accordance with the Registry<br />
Agreement or other arrangement with ICANN;<br />
o Comply with operational standards, policies, procedures, and practices for the Registry<br />
<strong>TLD</strong> established from time to time by Registry Operator in a non-arbitrary manner as<br />
Registry Policies, applicable to all registrars and/or Registered Name Holders, and<br />
consistent with the Registry Agreement shall be effective upon thirty days notice by<br />
Registry Operator to Registrar;<br />
o Consent to the use, copying, distribution, publication, modification and other processing<br />
of Registered Name Holder's Personal Data by Registry Operator and its designees and<br />
agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and<br />
with relevant mandatory local data protection, laws and privacy;<br />
o Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute<br />
Resolution Policy ("UDRP");<br />
o Provide current, accurate and complete information in connection with its registration of<br />
the Domain Name and its creation, launch, and operation of the Website, including but not<br />
limited to information required for the purposes of the Whois records.<br />
o Immediately correct and update the registration information for the registered Name<br />
during the registration term for the Registered Name;
o Acknowledge and agree to be bound by the terms and conditions of the initial launch and<br />
general operations of the Registry <strong>TLD</strong>, including without limitation the Limited Industry<br />
Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy,<br />
the Premium Name Allocation Process, and the General Registration Period , and further<br />
to acknowledge that Registry Operator and the Registry Service Provider has no liability of<br />
any kind for any loss or liability resulting from the proceedings and processes relating to<br />
the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise<br />
Dispute Resolution Policy, the Premium Name Allocation Process, and the General<br />
Registration Period including, without limitation: (a) the ability or inability of a registrant to<br />
obtain a Registered Name during these periods, and (b) the results of any dispute made<br />
during the limited industry launch or over a Sunrise Registration.<br />
o Acknowledge that if the domain name being registered is a dotMobi Premium Name, as<br />
such are listed at http://mtld.mobi/domain/premium, then use of the domain is also subject<br />
to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as<br />
the dotMobi Auction Agreement) posted at http://mtld.mobi/node/1135, which is<br />
incorporated by reference herein.<br />
o Acknowledge and agree that upon termination or expiration of the dotMobi Premium<br />
Name Agreement in accordance with the terms thereof, (i) any and all rights of Company<br />
to the Registration of the Domain Name, the Registration Code, and/or to create, launch,<br />
and/or operate the Website shall be terminated, and all such rights shall revert to m<strong>TLD</strong><br />
and (ii) m<strong>TLD</strong> may grant Registration rights to the Domain Name and/or rights to the<br />
Registration Code to any entity or person in its sole discretion, and Company shall have no<br />
rights or recourse against m<strong>TLD</strong> and/or Registrar relating to the registration or use of the<br />
Domain Name and/or Registration Code by any other such entity or person.<br />
o Acknowledge and agree that the Registry and Registry Services Provider, acting in<br />
consent with the Registry, reserves the right to deny, cancel or transfer any registration<br />
that it deems necessary, in its discretion (i) to protect the integrity and stability of the<br />
registry; (ii) to comply with all applicable laws, government rules or requirements, requests<br />
of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any<br />
liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries,<br />
officers, directors, representatives, employees, and stockholders; (iv) for violations of the<br />
terms and conditions herein; or (v) to correct mistakes made by the Registry or any<br />
registrar in connection with a domain name registration, and the Registry also reserves the<br />
right to freeze a Registered Name during resolution of a dispute.<br />
o Acknowledge and agree that they must comply with the requirements, standards,<br />
policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi)<br />
and consent to the monitoring of the website as described in the dotmobi Style Guide<br />
monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore,<br />
Registrant acknowledges and agrees that this Style Guide is subject to modification by the<br />
Registry with any such changes appearing at the previously designated URL, and that<br />
Registrant must promptly comply with any such changes in the time allotted.<br />
o Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the<br />
Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and<br />
Auction Period, and in such an instance will constitute a material breach to this contract.<br />
ASIA <strong>DOMAIN</strong>S:<br />
<strong>Nominalia</strong> informs that the ASIA domains authority has scheduled a phase called<br />
“Landrush period” during which, from the 20th of February 2008 to the 12th of March 2008,<br />
it will be possible to book generic domain names. The rules set by the Authority, visible on<br />
the http://www.dotasia.org site, envisage that during this phase, in the case of more
equests forwarded by different subjects for the same name or domain, these will be put<br />
up for auction.<br />
The auction will be managed by the Pool.com Inc company empowered to do so by the<br />
Authority. Regarding the auction phase <strong>Nominalia</strong> informs that the Customer will have to<br />
manage the auction directly through the Pool.com Inc company, therefore it will not be<br />
possible for <strong>Nominalia</strong> to cover any role and it will not be expected to carry out any form of<br />
activity during the auction, being consequently exonerated from all responsibility in the<br />
matter. Moreover <strong>Nominalia</strong> informs that following the conclusion of the Landrush period,<br />
as from the 26th of March 2008, it will be possible to take part in the phase called “GoLive”<br />
during which the requests for domain names will be processed on a "first come first<br />
served" basis, consequently the domain names will be issued to those that will have<br />
forwarded their request to the authority first, with no possibility of being put up for auction.<br />
Lastly <strong>Nominalia</strong> informs that the ASIA domain Authority requires as a fundamental<br />
condition for the purpose of the registration of the .Asia domains, that the o admic-c<br />
contact be local. For this purpose <strong>Nominalia</strong> will give the Customers that will ask for it the<br />
possibility of indicating a <strong>Nominalia</strong> local contact. However in this situation, in the event of<br />
proceedings either in court or out of court against the local contact supplied by <strong>Nominalia</strong><br />
for matters related to the registered domain, the Client undertakes to refund the legal<br />
expenses incurred and documented by <strong>Nominalia</strong> resulting from the proceedings. In any<br />
case the local Admin c service will not be supplied by <strong>Nominalia</strong> if the domain is<br />
maintained by third parties other than <strong>Nominalia</strong>. Therefore the Customer, if he/she<br />
intends to transfer the domain to another registrar/maintainer, undertakes to supply<br />
<strong>Nominalia</strong> with the data related to the new local Admin c. In no case will <strong>Nominalia</strong> be held<br />
responsible if it will not give its assent for the transfer to another registrar/maintainer if the<br />
Customer has not supplied <strong>Nominalia</strong> with such data beforehand.<br />
PRO <strong>DOMAIN</strong>S<br />
The Customer shall comply with the rules set out in this Contract, in addition, with<br />
reference to the .PRO domains, the Customer acknowledges having read and understood<br />
and agrees to be bound by the terms and conditions of the following documents, as they<br />
may be amended from time to time, which are hereby incorporated and made an integral<br />
part of this Agreement:<br />
i.The Uniform Domain Name Dispute Resolution Policy, available at<br />
http://www.icann.org/dndr/udrp/ policy.htm;<br />
ii. The Sunrise Period Rules and Sunrise Dispute Resolution Policy, available at<br />
http://www.registrypro.pro/sunrise.htm and http://www.icann.org/dndr/prosdrp/policy.htm;<br />
iii. The Qualification Challenge Policy and Rules, available at<br />
http://www.icann.org/dndr/proqcp/policy.htm and<br />
http://www.icann.org/dndr/proqcp/uniformrules.html;<br />
iv. The .pro <strong>TLD</strong> restriction requirements, available at<br />
http://www.registrypro.pro/qualifications.htm;<br />
v. The .pro <strong>TLD</strong> digital certification requirements, available at<br />
http://www.registrypro.pro/certifications.htm.<br />
Always with reference to .PRO domains, the Customer represents and warrants that, at all<br />
Times during the term of domain name registration, he, she, or it meets the .pro<br />
registration requirements set forth by Registry Operator for the registration of the<br />
Customer's registration.<br />
The Customer is required to provide prompt notice to <strong>Nominalia</strong> if it fails to meet such<br />
registration requirements. Registrar and/or Registry Operator shall have the right to<br />
immediately
and without notice to Customer, suspend, cancel or modify a Customer's registration if, at<br />
any time, the Customer fails to meet the registration requirements for such domain name.<br />
The Customer notes that for a period of 60 days subsequent to the registration of the<br />
requested Name and Domain, the Authority does not permit the Registrar’s change. The<br />
Customer declares to comply with the Registry .PRO services terms and conditions<br />
published at http://registrypro.pro/nextphase/tou.htm. Furthermore the Customer<br />
undertakes in order to its customers shall accept such terms and conditions.The Customer<br />
declares to comply with the rules set out in the document “Ancillary services” issued by<br />
Registry .PRO. The Customer accepts that the Registry .PRO shall be third party<br />
beneficiary of the contracts that the Customer itself will sign with its customers. The<br />
Customer agrees to the use, copying, distribution, publication, modification and other<br />
processing of Registered Name Holder’s Personal Data by RegistryPro and its designees<br />
and agents in a manner consistent with the purposes specified pursuant to Section 2.6 of<br />
this Agreement. The Customer represents and warrants that it meets the applicable .Pro<br />
registration requirements within the Jurisdiction and agrees that, during the term of the<br />
registration, it will continue to meet such requirements and that it will promptly notify the<br />
Registrar if it no longer meets such requirements. The Customer acknowledges that<br />
RegistryPro is a third party beneficiary of the Registration Agreement with the right to<br />
enforce those provisions of the Registration Agreement that affect it. The Customer<br />
acknowledges that Registrar shall be solely responsible for providing Customer with<br />
services with respect to (a) its application for a Registered Name and (b) in the event such<br />
application is accepted, for all ongoing services with respect to its issued Registered<br />
Name. Customer further acknowledges that RegistryPro shall have no obligation to<br />
provide such services to Customer.<br />
The Customer agrees that it has no contractual relationship whatsoever with RegistryPro<br />
and that the Customer is not a third party beneficiary of any agreement between<br />
RegistryPro and Registrant. The Customer further agrees that RegistryPro will have no<br />
legal, equitable or other liability of any kind to Applicant. The Customer acknowledges that<br />
if, pursuant to the performance of the initial verification services or annual reverification<br />
services, Registrar determines that Customer does not meet or does not continue to meet<br />
the applicable .Pro registration requirements, Registrar shall be entitled to retain a<br />
processing fee (registration fee) in connection with the performance of the initial<br />
verification services and in connection with the performance of the annual reverification<br />
services (renewal fee). The Customer declares to comply with the Registry .PRO services<br />
terms and conditions published at http://registrypro.pro/nextphase/tou.htm. Furthermore<br />
the Customer undertakes in order to its customers shall accept such terms and<br />
conditions.The Customer declares to comply with the rules set out in the document<br />
“Ancillary services” issued by Registry .PRO. The Customer accepts that the Registry<br />
.PRO shall be third party beneficiary of the contracts that the Customer itself will sign with<br />
its customers. Finally, <strong>Nominalia</strong> informs and the Customer accepts that Registry PRO is<br />
not able to warrant the term within the registration will be executed, consequentely<br />
<strong>Nominalia</strong> shall not be considered responsible in case of late registration of the requested<br />
Domain Names.<br />
.AE <strong>DOMAIN</strong>S<br />
With reference to .AE Domains, the Customer declares that he/she accepts this Contract<br />
and the Registration Agreement, as well as the licence for use of the Domain Name with<br />
the Authority of .AE Domains. The Registration Agreement and the Licence for use can be<br />
seen at the address http://aeda.ae/eng/policies/AEDA-AGR-<br />
001_Registry_Registrar_Agreement.pdf. If the Customer does not intend to respect the<br />
Registration Agreement and the Licence for use, he/she must not proceed with the
egistration of the Domain Name. The Customer grants the respective Authority (“aeDA”)<br />
the right to make known to third parties the information related to the Domain Name<br />
registered in accordance with the aeDA policy, also in order to allow the publication of a<br />
“Whois Service”. The Customer grants <strong>Nominalia</strong> the right to make known to<br />
aeDA all the information that will be reasonably requested by aeDA in order to allow the<br />
registration of the Domain Name in the respective register.<br />
The Customer undertakes to respect the aeDA policies and to inform aeDA through<br />
<strong>Nominalia</strong>.com of any changes in his/her registration data. The Customer may not, directly<br />
or indirectly, a) register a Domain Name with the intent of carrying out unfair competition<br />
towards another business or website; b) register a Domain Name of another company<br />
modifying its letters in such a way as to exploit the reputation of the other company; c)<br />
register a Domain Name with the intent of preventing a third party from registering the<br />
same Domain Name. The Customer may not transfer any right of ownership related to the<br />
registered Domain Name, grant the registered Domain Name as surety, or encumber a<br />
registered Domain Name. Following the request by aeDA , the Customer undertakes to<br />
sign the Licence with aeDA. The Customer undertakes to respect and to continue to<br />
respect the rules (“Eligibility criteria”) for the registration of an .AE domain and is informed<br />
that, if he/she does not do so, the licence for use of the registered Domain Name may be<br />
interrupted. The Client declares and guarantees that all the information supplied at the<br />
time of registering the Domain Name is complete, accurate and truthful, and is informed<br />
that <strong>Nominalia</strong>.com or aeDA may proceed to cancel the registered Domain Name in the<br />
case of incorrect or untruthful information. The Customer guarantees that he/she has not<br />
previously attempted to register a Domain Name with a Registrar other than <strong>Nominalia</strong>.<br />
The Customer undertakes not to take any action against aeDA in relation to the present<br />
contract and aeDA shall not be responsible for direct or indirect damage, including<br />
damage resulting from loss of earnings. The Customer is informed that aeDA may interrupt<br />
the contract with <strong>Nominalia</strong>; the Customer is also informed that aeDA is not responsible for<br />
the use of the Register database and that in any case aeDA is not responsible for any<br />
disputes concerning the registration of a Domain Name. In any case aeDA and <strong>Nominalia</strong><br />
shall not be responsible to the Customer on whatsoever ground, including direct and<br />
indirect damage, loss of earnings, destruction of data, interruption of business and/or<br />
indirect costs.<br />
.TEL <strong>DOMAIN</strong>S.<br />
With reference to the .TEL Domains the Customer declares and guarantees to respect the<br />
policy of the respective Authority including the Sunrise Period and Landrush period<br />
policies that can be viewed at the address http://www.telnic.org/launch-sunrise.html and<br />
http://www.telnic.org/launch-landrush.html and recognises that the Authority will not be<br />
held responsible for any losses resulting from the application of said policies, without<br />
limitations: a) the ability or inability of the Customer to obtain the registration of the .TEL<br />
Domain Name during the Sunrise or Landrush Periods; the result of all potential disputes<br />
related to the registration of a .TEL Domain Name during the Sunrise Period. The<br />
Customer acknowledges and agrees that the Authority reserves the right to deny, cancel<br />
or transfer any registration of a .TEL domain name or a transaction related to a .TEL<br />
Domain Name, as well as the right to put a .TEL Domain Name into blocked status or<br />
similar if this should be required, at its total discretion, a) to protect the integrity and the<br />
stability of the Authority; b) to comply with any applicable law, rule or government request,<br />
as well as with any dispute resolution procedure; c) to avoid any form of liability, both civil<br />
and penal, of <strong>Nominalia</strong>, of the Authority, of its associates, directors, employees; d) for the<br />
infringement of the present contract; e) to correct any mistakes made by the Authority or<br />
by <strong>Nominalia</strong> when registering a .TEL Domain Name; f) to ensure that the Authority
policy is respected; g) to avoid the use of the .TEL Domain Name in any way contrary to<br />
the fixed aims of the Authority. Furthermore the Customer is informed that the Authority<br />
has the right to put a .TEL Domain into blocked status or similar during a dispute resolution<br />
period. In any case <strong>Nominalia</strong> and the Authority will not be liable to the Customer, his<br />
customers or associates, or to any other party as a consequence of the denial,<br />
cancellation or transfer of a .TEL Domain Name registration. Moreover the Customer<br />
undertakes to comply with the following clauses: 1. Responsibility for Content. Domain<br />
Name Holder is solely and fully responsible for all information, data and text (“Content”)<br />
provided in connection with the Domain Name. The name service provider, its service<br />
providers and designees shall have the right (but not the obligation) in their sole<br />
discretion to refuse or remove any Content. 2. Use of Information. Domain Name Holder<br />
agrees to provide updated, current Content. If Domain Name Holder provides information<br />
about a third Party or employer,Domain Name Holder hereby represents and warrants that<br />
it has (a) provided notice to that third Party of the disclosure and use of that Party’s<br />
information in connection with the Domain Name, and (b) obtained that third Party’s<br />
express consent to the disclosure and use of that Party’s information.Domain<br />
Name Holder expressly consents to the use of Content by Telnic and its service providers<br />
to provide the Services, to conduct analyses related to the Services, and as otherwise<br />
described in Telnic’s posted privacy policy. 3. Reservation of Rights. <strong>Nominalia</strong> and/or its<br />
service providers reserve the right to withhold or suspend services as it deems necessary<br />
in its discretion; (a) to protect the integrity and stability of the registry; (b) to comply with<br />
any applicable laws, government rules or requirements, requests of law enforcement, or<br />
any dispute resolution process; (c) to avoid any liability, civil or criminal, on their part, as<br />
well as on the part of their affiliates, subsidiaries, officers, directors, and employees; (d) for<br />
violations of this Agreement, including, without limitation, the exhibits hereto; (e) to correct<br />
mistakes in connection with a domain name registration; (f) to enforce the <strong>TLD</strong><br />
Requirements; and (g) to prevent use of the Domain Name in a manner contrary to the<br />
intended purpose of the Registry <strong>TLD</strong>. <strong>Nominalia</strong> and/or its service providers also reserve<br />
the right to suspend the provision of services during resolution of a dispute. 4.<br />
Representations and Warranties. Domain Name Holder represents and warrants that: a. to<br />
its knowledge, the Content does not and will not infringe upon or otherwise violate the<br />
rights of any third Party;b. it does not intend to use the Content for any unlawful purposes;<br />
c. it will not knowingly submit Content in violation of any applicable laws orregulations or of<br />
the rights of any third parties; andd. it will comply with the <strong>TLD</strong> Requirements. 5.<br />
Communications with Domain Name Holder. Telnic shall have the right to communicate<br />
directly with the Domain Name Holder in connection with any issue relating to a Domain<br />
Name and the Domain Name Holder’s membership of the .tel community. The Domain<br />
Name Holder will respond promptly to such communications from Telnic and will resolve in<br />
any errors in content notified to the Domain Name Holder. 6. Jurisdiction and Applicable<br />
Law. Any dispute, controversy or claim between the Domain Name Holder and Telnic<br />
relating to a Domain Name or a request for a Domain Name shall be subject to the laws of<br />
England and Wales and the Parties submit to the exclusive jurisdiction of the courts of<br />
England and Wales. Finally, the Customer undertakes to comply with the “Acceptable Use<br />
Policy” reacheable at http://static.telnic.org/downloads/AUP.pdf. The Customer undertakes<br />
also to utilize the DNS provided by Telnic and to maintain always up-to-date the own<br />
contact data published on the .TEL website.<br />
.XXX <strong>DOMAIN</strong><br />
The service is designed for persons of adult age and adult entertainment sector operators,<br />
as well as all other persons or entities not belonging to the above category who intend to
seek the registration of a domain.xxx in relation to other interests (such as brand<br />
protection).<br />
Any party wishing to activate a domain.xxx has to carry out the membership application<br />
process laid down by the ICM Registry with a view to: (i) confirming its status as an adult<br />
entertainment industry operator, (ii) confirming the contact information, and (iii) acquiring<br />
the registration credentials. Until such time as the membership application process has<br />
been successfully completed, no domain will be active. The membership application<br />
process is an automatic procedure which is started up the first time an application to<br />
register a domain.xxx is made. In the event of any conflict between two applications to<br />
register the same domain, the first come first served principle will apply. If the application<br />
for registration is successful, the adult entertainment industry operator concerned will<br />
obtain a usable domain (resolving domain). The parties not belonging to that category will<br />
obtain an unusable domain (non-resolving domain). Following interrogation, it will be found<br />
that this does not exist (NX domain). If the ICM Registry should reject the application for<br />
registration, no responsibility for this fact will be attributable to <strong>Nominalia</strong> Without affecting<br />
the terms of this Service Order, the Customer declares that he/she has read and accepts<br />
the terms and conditions set out in the Registry-Registrant Agreement as laid down by the<br />
ICM Registry, which may be found at http://www.icmregistry.com/policies/registryregistrant-agreement/<br />
In the event of any discrepancy between the terms of this contract<br />
and the ICM Registry Registry-Registrant Agreement, this latter will take prevalence. The<br />
Customer declares that the use of the domain name registered does not violate the<br />
intellectual property rights or any other rights of third parties. The relevant RA will not carry<br />
out checks to ensure that the domain name, or any use made thereof, does not violate the<br />
intellectual property rights or any other rights of the Customer or third parties. The relevant<br />
RA is unable to offer any guarantee against the presentation or claims or contestations by<br />
third parties regarding the use of the domain name or the corresponding website, or<br />
against the registration or selection of domain names so similar as to cause potential<br />
confusion with the Customer’s domain name or website. The Customer has sole<br />
responsibility for the detection of any infringements of the intellectual property rights or any<br />
other of its own rights or those of third parties with respect to the domain name or the<br />
corresponding website. The Customer has sole responsibility for any claim or sanction<br />
deriving from its registration or use of the domain name or the creation and running of the<br />
corresponding website.<br />
The Customer declares that he/she has read and accepts all the policies adopted by the<br />
RA and published at www.icmregistry.com and that he/she will comply with all subsequent<br />
amendments thereto. The Customer agrees to comply with the user conditions applicable<br />
to the domain, as indicated by ICANN.<br />
The Customer represents and warrants that the information supplied is up to date,<br />
complete and truthful and that he/she will keep it updated to ensure that it remains such.<br />
The Registry reserves the right to reject, cancel, terminate, suspend, freeze or transfer any<br />
registration if it should deem, at its sole discretion, that the information in question is<br />
imprecise. <strong>Nominalia</strong> can in no circumstances be held responsible for the information and<br />
declarations supplied by the Customer.
The Customer acknowledges that his/her personal data will be stored, used, processed<br />
and handled in the United States in accordance with the policies published on the Registry<br />
website, to which the Customer is hereby referred.<br />
Settlement of disputes: in the event of any disputes that might arise over domain names,<br />
the Customer agrees to submit to the arbitration procedures set up in accordance with the<br />
ICANN Uniform Domain Name Dispute Resolution Policy (UDRP), the ICM Charter<br />
Eligibility Dispute Resolution Policy (CEDRP) and the ICM Rapid Evaluation Service<br />
(RES), as described in the Registry website, and to abide by the decisions pronounced,<br />
without affecting his/her right to challenge such decisions on the basis of the relevant<br />
regulation or law. <strong>Nominalia</strong> and/or its service providers also reserve the right to suspend<br />
the supply of services during the settlement of a dispute. The Customer declares that<br />
he/she exonerates the Registry, its affiliates and service suppliers and/or IFFOR of all<br />
direct or indirect liability relating to such dispute settlement procedures. The Customer<br />
acknowledges and accepts the right of the Registry to inhibit the registration or booking<br />
process, at its sole discretion, in the event of repeated abuses during the registration<br />
processes. The Customer acknowledges and accepts that the Registry reserves the right<br />
to reject, cancel, terminate, suspend, freeze or transfer any application for registration or<br />
registration if it should deem it necessary to do so, in the following cases: a) to apply the<br />
Registry policies and the ICANN requirements and their subsequent amendments; b) to<br />
protect the stability and integrity of the Registry, its operations and domains.xxx; c) to<br />
comply with laws, regulations, rights, rulings or decisions adopted by the judicial or<br />
administrative authorities, or by the service suppliers, with a view to settling the disputes<br />
arising over the matters regulated by the Registry; d) to establish, affirm or defend the<br />
rights of the Registry or third parties, or avoid civil and criminal liability on its part or on the<br />
part of its agents, affiliates, owners, operators, managers, directors, employees and<br />
shareholders; e) to correct the errors committed by the Registry or parties making<br />
registration or booking applications; f) when laid down in this agreement. The Customer<br />
agrees to defend and hold harmless the Registry, its affiliates and service suppliers and<br />
IFFOR (the International Foundation for Online Responsibility), and its managers,<br />
directors, officials, employees and agencies, to the maximum extent permitted in law, in<br />
the event of any claim, loss, liability, cost and expense, including reasonable legal costs,<br />
deriving from or related to the registration or application for registration of a domain.xxx,<br />
and that such indemnity obligation will continue to apply following the termination or expiry<br />
of the registration agreement.<br />
Jurisdiction: The ICM Registry-Register Agreement, its interpretation and any disputes<br />
arising between the parties in application of the agreement in question will be subject to<br />
the law of the State of Florida, and no decision or provision on conflicts of law (regarding<br />
the law of the State of Florida or any other jurisdiction) will have any effect. With a view to<br />
settling disputes or claims, the Customer agrees to be subject to the jurisdiction of the<br />
Courts of Florida. Any action deriving from or relating to the services supplied by the ICM<br />
Registry will be taken within a year of such supply. The Customer acknowledges and<br />
accepts that the Registry is regarded as the beneficiary of the rights acquired by the<br />
Registry-Registrant Agreement, even following the termination or expiry of the booking or<br />
registration. The Customer acknowledges and accepts that the domains.xxx are supplied<br />
‘in the state in which they find themselves’, ‘with defects’ and ‘according to availability’.
The Registry, its affiliates and service suppliers and IFFOR offer no explicit guarantees on<br />
such names. The Registry is unable to guarantee that the Customer will be able to gain<br />
access to or use the domain.xxx at the time or in the place where the choice has been<br />
made. No oral or written information and no advice from the Registry or its affiliates and<br />
suppliers of IFFOR constitutes a guarantee on the operations of the Registry or any<br />
domain.xxx. The consumer safeguard rights which may exercised on the basis of national<br />
laws are unaffected, and the Registry-Registrant Agreement is unable to modify or limit<br />
these. The Registry reserves the right to modify or interrupt any aspect of its services and<br />
the terms of the Registry-Registrant Agreement, including but not necessarily limited to the<br />
prices and tariffs. The Customer acknowledges and accepts that the Registry, its affiliates<br />
and service suppliers and IFFOR may issue notifications and messages on amendments<br />
and variations to the Agreement and other information on the domains.xxx, by means of<br />
publications on the Registry website. The continuous use of the Registry website or the<br />
registration or booking of the domain imply acceptance of the most updated versions of<br />
such messages, agreements, amendments and variations.<br />
The Customer guarantees that the use of the Registry and/or any domain.xxx name will<br />
not take place for illegal purposes, including but not necessarily limited to: a) purposes<br />
promoting or encouraging child pornography or any form of exploitation of minors; b) the<br />
violation of the intellectual property rights of third parties (whether individuals or<br />
organisations); c) the representation of any individual or organisation, of the distribution of<br />
information on same, without their written consent; d) the violation of the right of<br />
confidentiality or the right of publicity of any individual or organisation; e) the promotion or<br />
encouragement of spam email or other unsolicited material, the promotion or<br />
encouragement of viruses or other codes, files or programmes designed to interrupt,<br />
destroy or limit the operation of any software, hardware or means of telecommunications<br />
or computers through IT piracy networks; f) the creation of interference with the running of<br />
the Registry website or the services offered by it or IFFOR.<br />
The Registry and <strong>Nominalia</strong> cannot under any circumstances be held responsible for any<br />
losses or damages deriving from force majeure, the observance of legal obligations,<br />
natural events or acts or omissions attributable to parties for whom the Registry and<br />
<strong>Nominalia</strong> are not responsible.<br />
The Customer declares that he/she has read the privacy information, the rules of the<br />
auction, the launch plan and the policies drawn up by the Registry, as well as the rules for<br />
the settlement of disputes included within the reference materials that form an integral part<br />
of the Registry-Registrant Agreement.