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Registration Agreement
TERMS and CONDITIONS
1 INTRODUCTION
1.1 These Terms and Conditions set forth the Registration
Agreement between you and NetRegister.IT - Phoenix Informatica srl
as NetRegister, an Italy based Company with a domicile to: Gavardo (Brescia) Via G.Quarena, 124 - I-25085.
In this Agreement NetRegister shall be referred to as
"The Registrar", "we", "us" and you shall be referred to as
"The Customer", "you" or "your".
1.2 NetRegister is a Domain Registrar and operates as a supplier of domain names to the
Internet community. By registering a domain name through us,
whether for your own use or as an agent or person who uses us
to register domains on behalf of a third party, you agree to
accept the Terms and Conditions set forth in this agreement
and act as our agent solely so as to incorporate the same in
any agreement with any such third party so that such third party
is bound by the same.
1.3 "NetRegister Account Holder" where used in
these Terms and Conditions shall mean a Customer who has agreed
to these terms and conditions for the supply of domain names.
Neither the use of the term "account holder" nor any other provision
of this Agreement, shall operate to create a relationship of
partnership or joint venture between the parties to this Agreement.
1.4 "Account" where used in these Terms and Conditions
shall mean a credit balance maintained in the books of NetRegister representing a sum in cleared funds available
for the purchase of domain names on the Customer’s behalf. NetRegister shall be authorised to debit from the amount standing
to the credit of the account at any time the fees payable in
respect of any domain names the Customer has notified to NetRegister in writing that it wishes to purchase. NetRegister
shall not be required to hold monies in accounts separately
from its general funds nor shall it be under a trustee or other
fiduciary relationship in respect of the same.
1.5 "writing" "written" and cognate expressions where
used in these Terms and Conditions shall include all material
expressed or transmitted in electronic form. Any notice or information
relating to the performance of this Agreement which is sent
by us using electronic mail to the last electronic mail address
notified by you to us, will be deemed (subject to contrary proof)
to have been duly served on you unless we are notified that
it has not been duly delivered.
1.6 "Verisign" "Verisign Registry" where used in these
Terms and Conditions shall refer to Verisign Incorporated a
Virginia based Company which operates as the domain name registry
for the .com, .net and .org top level domains. www.verisign-grs.com
1.7 "Afilias" "Afilias Registry" where used in these
Terms and Conditions shall refer to Afilias Limited a Dublin
based Company which operates as the domain name registry for
the .info top level domain. www.afilias.info
1.8 "NeuLevel" "NeuLevel Registry" where used in these
Terms and Conditions shall refer to NeuLevel Incorporated a
Delaware based Company which operates as the domain name registry
for the .biz top level domain. www.neulevel.biz
1.9 "ICANN" where used in these Terms and Conditions
shall refer to the Internet Corporation for Assigned Names and
Numbers a non-profit Internet body with its principal office
located in Marina Del Ray California. www.icann.org
2 YOUR REGISTRATION OF DOMAIN NAMES USING THE AFILIAS REGISTRY
2.1 You consent to the use, copying, distribution, publication,
modification and other processing of your registered domain
name personal data for domain names registered through the Afilias
Registry, by the Afilias Registry, its designees and agents
in a manner consistent with the purposes set forth in its Registry
Agreement with ICANN.
2.2 When you register or have registered on your behalf
an Afilias Registry domain name (e.g. .info) during the Afilias
Registry Sunrise Period, you agree to be bound by the Sunrise
Registration Challenge Policy located at www.afilias.com . NetRegister will adopt this policy only for Afilias Registry
gTLD domain types and only during the Afilias Registry Sunrise
Period. Subsequent to this period the standard Domain Name Dispute
Policy referred to in 9.1 above shall supersede the Sunrise
Registration Challenge Policy.
2.3 As a registrant you agree to provide accurate, complete
and valid registration information at the time of registration
and to keep the registration information current, complete and
accurate. You understand that failure to supply and update the
registration information with valid information will constitute
a breach of this agreement and may result at the discretion
of the Afilias Registy or NetRegister in the modification,
cancellation or deletion of your domain name.
2.4 You agree to indemnify, defend and hold harmless
Afilias Registry from any loss or liability arising from the
processes relating to the Sunrise period or the land rush period,
including without limitation to: The ability or inability for
you to obtain your chosen domain name during these periods;
The outcome of any dispute over a Sunrise Registration.
2.5 NetRegister and Afilias Expressly reserve
the right to decline, cancel, delete or transfer any registration
that it deems necessary, in their discretion, to uphold the
integrity and stability of the Afilias Registry and to comply
with any applicable laws, government rules or requirements,
court action, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal, on the part of
NetRegister and/or Afilias as well as their directors,
officers, employees, and agents. NetRegister and Afilias
also Reserve the right to suspend a domain name during the resolution
of a dispute.
3 YOUR REGISTRATION OF DOMAIN NAMES USING THE NEULEVEL REGISTRY
3.1 BIZ Restrictions - Your registration of a domain
name through the Neulevel Registry constitutes your agreement
to the Neulevel Registration Restrictions in place at the time
of registration. For the purpose of a .biz gTLD registration,
the domain name must be intended to be used primarily for "bona
fide" business or commercial purposes. "Bone fide" use shall
be deemed to cover the intent to use the domain name or any
content, software, materials, graphical images or related information,
to permit Internet users to access one or more Internet host
computers through the Domain Name System to: exchange goods,
services, or property of any kind; facilitate the ordinary course
of trade or business; or to enhance the exchange of goods, services,
information or property of any kind. Registering a domain for
the explicit use of: trading, leasing or selling the domain
name on for profit; the unsolicited offer to trade, lease or
sell a domain name on for profit, shall not constitute a "bona
fide" business or commercial use of a domain name.
3.2 BIZ Certification - You, the registrant hereby certify
to the best of your knowledge and belief that a domain name
registered by you: will be used primarily for bona fide business
or commercial purposes; will be reasonably related to your business
or your intended commercial purpose at the time of registration;
will NOT be used for personal or non-business related use; Will
NOT be used to trade, lease or sell for profit; will NOT be
used in all or part of an unsolicited offer to trade, lease
or sell a domain name for profit. You also agree as a registrant
that you have the authority to enter into and bind you to the
registration agreement.
3.3 Provision of Registration Data - As a registrant
you agree to supply the following information during the registration
process: your full name or the full name of an authorized contact
in the case where a registrant is an organization, association
or company; the registrants full postal address; the registrants
e-mail address; the registrants voice telephone number; the
registrants fax number if available; the IP addresses of the
primary and any secondary name servers for the domain name and
the corresponding names of those name servers; the full name,
full postal address, e-mail address, voice telephone number
and fax number if available for all of the contacts for each
of the contacts including the technical contact, the billing
contact and the administrative contact for the domain name.
You likewise agree to update this registration information and
to keep it current, complete and accurate. You also agree and
understand that the afore-mentioned registration information
will be publicly available and accessible through the whois
service as required by the ICANN Registry agreement.
3.4 Inaccurate or Unreliable Information - You hereby
represent and warrant that the information provided in the domain
name registration application process is true, correct, up to
date and complete to the best of your knowledge and belief.
This agreement is deemed to have been breached should you wilfully
provide inaccurate or unreliable information or fail to update
information or fail to respond within five calendar days to
our email enquiries submitted to the administrative, billing
or technical contacts described in the current said whois listing,
regarding the accuracy or validity of contact information associated
with the registration of a domain name registered through the
Neulevel Registry service. Any information ("personal data")
collected by us concerning an identified or identifiable natural
person will be used in connection with the registration of your
domain name(s) and for the purposes of this agreement and as
will be required or permitted from time to time by the ICANN
or ICANN/Registry agreements.
3.5 Domain Name Dispute Policy - By registering a NeuLevel
Registry domain name (e.g. .biz) through NetRegister,
you agree to be bound by our current domain name dispute policy
located at http://www.netregister.biz and made a part of this
agreement by reference. You acknowledge that you have read and
understood and agree to be bound by the terms and conditions
of the following documents, as they are amended from time to
time, which are hereby incorporated and form an integral part
of this agreement: The Uniform Dispute Resolution Policy ("UDRP");
The Start-Up Trademark Opposition Policy ("STOP") located at
www.neulevel.com/countdown/stop.html ; the Restrictions Dispute
Resolution Criteria and Rules located at www.neulevel.com/countdown/rdrp.html
. You agree to use the STOP which sets forth the terms and conditions
in connection with a dispute between a registrant and a third
party (expressly excluding Neulevel Registry and NetRegister),
should a dispute arise out of the registration or use of a Neulevel
Registry domain name (e.g. .biz) by you the registrant, that
is subject to the Intellectual Property Claim Service. The Intellectual
Property Claim Service is a service introduced by the Neulevel
Registry to notify a trademark or service mark holder ("claimant")
that a second-level domain name has been registered, which infringes
upon the claimants trademark or service mark rights. In accordance
with the STOP and its associated Rules, a claimant will have
the right to challenge domain name registrations through Independent
ICANN accredited dispute resolution providers. The Restrictions
Dispute Resolution Policy ("RDRP") sets forth the terms and
conditions under which any allegation that a domain name is
not being used for business or commercial purposes shall be
enforced on a case-by-case and fact specific basis, by an independent
ICANN accredited dispute provider. The Neulevel Registry will
not review. monitor, enforce or otherwise verify that any domain
name is in violation of the RDRP or UDRP processes.
3.6 Domain Name Dispute Modifications - Reservation Of
Rights - NetRegister and the Neulevel Registry expressly
reserve the right to deny, cancel or transfer any domain name
registration that it deems necessary, in its discretion to protect
the integrity and stability of the Neulevel Registry and to
comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any domain name
dispute process, or to avoid any liability, civil or criminal,
on the part of NetRegister and/or the Neulevel Registry,
as well as their directors, officers, employees and agents.
4 YOUR REGISTRATION
OF DOMAIN NAMES USING THE GLOBAL NAME REGISTRY
4.1 .name RESTRICTIONS Registrations in the .name TLD
must constitute an individual’s "Personal Name". For purposes
of the .name restrictions (the "Restrictions"), a "Personal
Name" is a person’s legal name, or a name by which the person
is commonly known. A "name by which a person is commonly known"
includes, without limitation, a pseudonym used by an author
or painter, or a stage name used by a singer or actor.
4.2 .name CERTIFICATIONS As a .name domain name Registrant,
you hereby certify that:
4.2.1 You have the authority to enter into this Agreement;
and 4.2.2 The registered domain name or .name email address
is your Personal Name.
4.3 PROVISION OF REGISTRATION DATA
4.3.1 As part of the registration process, you are required
to provide us with certain information and to update this information
to keep it current, complete and accurate. This information
includes the information contained in the Whois directory, including:
(i) your full name and postal address, email address, voice
telephone number, and fax number, if available; (ii) the IP
addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name; (iii) the full name, postal
address, email address, voice telephone number, and fax number,
if available, of the technical contact for the domain name;
(iv) the full name, postal address, email address, voice telephone
number, and fax number if available of the administrative contact
for the domain name; (v) the name, postal address, email address,
voice telephone number, and fax number, if available, of the
billing contact for the domain name. You agree and 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 Numbers ("ICANN"). You further
understand that the foregoing registration data may be transferred
outside of the European Community, such as to the United States,
and you expressly consent to such export.
4.3.2 You hereby represent and warrant the data provided
in the registration application is true, correct, up-to-date
and complete and that you will continue to keep all of the information
provided up-to-date. Your willful provision of inaccurate or
unreliable information, your willful failure promptly to update
information provided to us, or any failure to respond to our
inquiries addressed to the email address of the administrative,
billing or technical contact then appearing in the Whois directory
with respect to a domain name concerning the accuracy of contact
details associated with any registration(s) or the registration
of any domain name(s) registered by or through you or your account
shall constitute a breach of this Agreement. Any information
collected by us concerning an identified or identifiable natural
person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of
this Agreement and as required or permitted by the ICANN Agreement
or an ICANN policy. The Global Name Registry, Limited ("Registry
Operator") may share your personal data with third parties that
act as subcontractors to it for the purposes of this Agreement,
and you agree that your personal data may be shared with Registry
Operator’s subcontractors. You also agree that from time to
time, Registry Operator may share some of your personal data,
such as your address and postcode, with third parties who are
conducting, on behalf of Registry Operator, market analysis.
4.4 DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .name domain name through us,
you agree to be bound by the current domain name dispute policy
that is incorporated herein and made a part of this Agreement
by reference. Please take the time to familiarize yourself with
that policy. You hereby acknowledge that you have read and understood
and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement:
4.4.1 the Eligibility Requirements (the "Eligibility
Requirements"), available at http://www.name/corporate/page/72/124/index.html;
4.4.2 the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at http://www.name/corporate/downloads/erdrp.pdf;
and 4.4.3 the Uniform Domain Name Dispute Resolution Policy
(the "UDRP"), available at http://www.icann.org/udrp/udrp-policy-24oct99.htm.
Personal Name domain names and Personal Name email addresses
will be granted on a firstcome, first-served basis, except for
registrations granted as a result of a dispute resolution proceeding.
According to the Eligibility Requirements, the following categories
of Personal Name Registrations may be registered: (i) the Personal
Name of an individual; (ii) the Personal Name of a fictional
character, if you have trademark or service mark rights in that
character’s Personal Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to the beginning
or the end of your Personal Name so as to differentiate it from
other Personal Names. The ERDRP applies to challenges to (i)
registered domain names and email address registrations within
.name on the grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations within .name.
The UDRP applies to complaints by trademark or service mark
owners concerning the registration and use of an Internet domain
name registered by a Registrant.
4.5 DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that Registry Operator may modify the dispute policy
from time to time. 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 reservation
or registration of your domain name or .name email address after
modifications to the dispute policy become effective, you have
agreed to these modifications. You acknowledge that if you do
not agree to any such modification, you may terminate this Agreement.
We will not refund any fees paid by you if you terminate your
Agreement with us.
4.6 DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration
services is challenged by a third party, you will be subject
to the provisions specified in the dispute policy in effect
at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify
and hold NetRegister harmless pursuant to the terms
and conditions set forth below in this Agreement. If we are
notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name
record without our prior approval. We may not allow you to make
changes to such domain name record until (i) we are directed
to do so by the judicial or administrative body, or (ii) we
receive notification by you and the other party contesting your
registration and use of our domain name registration services
that the dispute has been settled.
4.7 .NAME EMAIL
4.7.1 The service for which you have registered may,
at your option, include .name Email. To the extent you opt to
use .name Email, you are obliged to do so in accordance with
all applicable legislation and are responsible for all use of
.name Email, including the content of messages sent through
.name Email.
4.7.2 You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for Internet
and email usage. This includes, but is not limited to the Acceptable
Use Policy, available at http://www.name/corporate/downloads/aup.pdf,
as well as the following restrictions. Without prejudice to
the foregoing, you undertake not to use .name Email: 4.7.2.1
to encourage, allow or participate in any form of illegal or
unsuitable activity, including but not restricted to the exchange
of threatening, obscene or offensive messages, spreading computer
viruses, breach of copyright and/or proprietary rights or publishing
defamatory material; 4.7.2.2 to gain illegal access to systems
or networks by unauthorized access to or use of the data in
systems or networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or network
or breaching the security or access control without the sufficient
approval of the owner of the system or network; 4.7.2.3 to interrupt
data traffic to other users, servers or networks, including,
but not restricted to, mail bombing, flooding, Denial of Service
(DoS) attacks, willful attempts to overload another system or
other forms of harassment; or 4.7.2.4 for spamming, which includes,
but is not restricted to, the mass mailing of unsolicited email,
junk mail, the use of distribution lists (mailing lists) which
include persons who have not specifically given their consent
to be placed on such a distribution list. Users are not permitted
to provide false names or in any other way to pose as somebody
else when using .name Email.
4.7.3 Registry Operator reserves the right to implement
additional anti-spam measures, to block spam or mail from systems
with a history of abuse from entering Registry Operator’s
.name Email.
4.7.4 You understand and agree that Registry Operator may
delete material that does not conform to clause (c) above or
that in some other way constitutes a misuse of ,name Email.
You further understand and agree that Registry Operator is at
liberty to block your access to .name Email if you use .name
Email in a way that contravenes this Agreement. You will be
given prior warning of discontinuation of the .name Email unless
it would damage the reputation of Registry Operator or jeopardize
the security of registry Operator or others to do so. Registry
Operator reserves the right to immediately discontinue .name
email without notice if the technical stability of .name Email
is threatened in any way, or if you are in breach of this Agreement.
On discontinuing name Email, Registry Operator is not obliged
to store any contents or to forward unsent email to you or a
third party.
4.7.5 You understand and agree that to the extent Registry
Operator is required by law to disclose certain information
or material in connection with your .name Email, Registry operator
will do so in accordance with such requirement and without notice
to you.
4.8 RESERVATION OF RIGHTS
NetRegister and Registry Operator expressly reserve
the right to deny, cancel or transfer any registration that
it deems necessary, in its discretion, to protect the integrity
and stability of the Registry, to comply with any applicable
laws, government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of [Registrar]
and/or Registry Operator, as well as their affiliates, subsidiaries,
officers, directors and employees. NetRegister and Registry
Operator also reserve the right to freeze a domain name during
a resolution of a dispute.
4.9 LIMITATION OF LIABILITY
You agree that Registry Operator will have no liability of any
kind for any loss or liability resulting from (i) the processing
of registration requests prior to live SRS launch, including,
without limitation, your ability or inability to obtain a .name
domain name or .name Email address registration using these
processes; or (ii) any dispute over any .name domain name, .name
Email address, Defensive Registration or NameWatch Registration,
including the decision of any dispute resolution proceeding
related to any of the foregoing.
4.10 INDEMNIFICATION
You agree to indemnify, defend and hold harmless Registry Operator,
and its directors, officers, employees, affiliates and agents
from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses,
arising out of or relating to your registration and your breach
of this Agreement. This indemnification obligation will survive
the termination or expiration of this Agreement.
5 YOUR REGISTRATION OF DOMAIN NAMES USING NOMINET REGISTRY
5.1 By registering a domain name within the .uk Top Level
Domain, you enter into a contract of registration with Nominet
UK on the terms and conditions available at http://www.nominet.org.uk/ref/terms.html
6 YOUR REGISTRATION OF DOMAIN NAMES USING BRS MEDIA INC REGISTRY
6.1 By registering a domain name within the .fm Top Level
Domain, you enter into a contract of registration with BRS Media
Inc on the terms and conditions available at http://www.dot.fm/policy.html
7 YOUR REGISTRATION OF DOMAIN NAMES USING .TV CORPORATION
REGISTRY
7.1 By registering a domain name within the .tv Top Level
Domain, you enter into a contract of registration with .tv Corporation
on the terms and conditions available at http://www.tv/en-def-7e0e15d8a852/en/policies/registration-agree.shtml
8 YOUR REGISTRATION OF DOMAIN NAMES USING NEUSTAR INC. REGISTRY
By registering a domain name within the .us Top Level Domain,
you agree to
8.1 NEXUS REQUIREMENT
8.1.1 You agree and abide by the nexus requirements available
at http://www.us/policies/docs/ustld_nexus_requirements.pdf
8.1.2 You agree to abide by the following dispute resolution
policies both found at www.neustar.us UsDRP - United States
Dispute Resolution Policy NDP- Nexus Dispute Policy
8.2 ACCURATE WHOIS INFORMATION
8.2.1 You shall provide to NetRegister accurate
and reliable contact details and promptly correct and update
them during the term of the Registered Name registration, including:
the full name, postal address, email address, voice telephone
number, and fax number if available of the Registrant; name
of authorized person for contact purposes in the case of a Registrant
that is an organization, association, or corporation; and the
data elements listed below :
8.2.2 The name, postal address, e-mail address, voice telephone
number, and (where available) fax number of the technical contact
for the Registered Name; and The name, postal address, e-mail
address, voice telephone number, and (where available) fax number
of the administrative contact for the Registered Name.
8.2.3 Your willful or grossly negligent provision of inaccurate
or unreliable information, or your willful or grossly negligent
failure to promptly update information provided to NetRegister
shall constitute a material breach of this agreement and be
a basis for cancellation of the Registered Name registration.
8.2.4 NetRegister shall not be required to refund
any registration fees paid by the Registrant if we terminate
your registration agreement due to the enforcement of this provision.
8.3 LICENSING
8.3.1 Any Registrant that intends to license use of a
domain name to a third party is nonetheless the Registrant of
record and is responsible for providing its own full contact
information and for providing and updating accurate technical
and administrative contact information adequate to facilitate
timely resolution of any problems that arise in connection with
the Registered Name. A Registrant licensing use of a Registered
Name according to this provision shall accept liability for
harm caused by wrongful use of the Registered Name, unless it
promptly discloses the identity of the licensee to a party providing
the Registrant reasonable evidence of actionable harm.
8.4 JURISDICTION
8.4.1 For the adjudication of disputes concerning or
arising from use of the Registered Name, you shall submit, without
prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant’s domicile,
(2) where Registrar is located, and 3) the United States.
8.5 DELETION
8.5.1 The Registrant shall agree that its registration
of the Registered Name shall be subject to suspension, cancellation,
or transfer pursuant to any NeuStar adopted specification or
policy, or pursuant to any registrar or registry procedure not
inconsistent with a NeuStar adopted specification or policy,
(1) to correct mistakes by Registrar or the Registry in registering
the name or (2) for the resolution of disputes concerning the
Registered Name.
8.6 INDEMNIFICATION
8.6.1 You shall indemnify and hold harmless the Registry
and its directors, officers, employees, representatives, agents,
affiliates, and stockholders from and against any and all claims,
suits, actions, other proceedings, damages, liabilities, costs
and expenses of any kind, including without limitation reasonable
legal fees and expenses, arising out of or relating to your
(i) domain name registration and (ii) use of any Registered
Name.
9 THE CUSTOMER’S
SECURITY RESPONSIBILITES
9.1 Once you have completed the sign-up
process to the NetRegister service, you will be given an account
number and password. You agree to keep safe all password, account number
and contact handle information ("security information") in relation to the
NetRegister service. You acknowledge that allowing a third party
access to security information may compromise security to Domain Registrant
details, credit card details and account information. You agree to indemnify
NetRegister and hold it harmless in respect of any losses incurred
as a direct result of a compromise in security attributable to you or whereby
you made available security information to a third party, whether intentionally
or otherwise.
10 FEES & PAYMENTS
10 .1 You agree to pay NetRegister
fees as specified at the time of purchase in the price list on its web site
at http://www.netregister.biz for any domain names you selected. In applying
for the registration of a domain name, you agree to check its availability
for registration and the domain name registration details. All fees for
any domain names purchased through the NetRegister service are due
immediately and we are entitled to deduct the same from your account forthwith
and you will not be eligible for any refund in whole or in part once payment
has been taken during the registration process or once the domain name has
been submitted by us for registration.
10 .2 All payments made to your NetRegister account will be used to purchase domain names on your request
at a time convenient to you. No domain names can be purchased without sufficient
funds in your account to cover the cost of your purchase and NetRegister
will not be obliged to make any application or reserve or seek to reserve
any name unless the account is in credit for the funds required and shall
not be liable for any failure to make or delay in making any application
because we are awaiting a deposit of funds into your account. No funds will
be credited to your partner account until they have been cleared and made
available to NetRegister whether this be via cheque, credit or debit
card or wire or funds transfer from your bank account.
11 TERMS OF SERVICE
11 .1 Unless sooner terminated in accordance
with its terms, this agreement shall be deemed to last three hundred and
sixty five (365) days from the date of registration multiplied by the number
of years for which any domain registered by us on your behalf has been registered.
In any such registration period when a leap year forms part of the term
then one (1) day must be added for each occurrence of the leap year within
the term.
11 .2 On or before the registration
period has expired, you will (provided that you are not in breach of this
Agreement) be given the opportunity to renew your service with us on a yearly
basis up to a maximum of 10 years on our standard terms and conditions of
service applicable at that time. Any domain name renewals carried out by
us on your behalf will be subject to our associated fees as set out in the
price list described in clause 3. If you elect to renew after the registration
period has expired, NetRegister cannot be responsible if any domain
names have become unavailable during the period between your registration
lapsing and your electing to renew your service with us.
11 .3 You agree that once a domain name
has been registered through the NetRegister service, you will not
transfer the domain to another registrar during the first sixty (60) days
of the registration term.
11.4 During the term of this service
and the term on any subsequent renewals, you are required to abide by these
Terms and Conditions (as amended in accordance with their terms) at all
times.
12 ACCOUNT INFORMATION AND PERSONAL DATA
12.1 The account number and password
made available by us to you on agreeing to the provision of the service
must be used to access your account to make modifications to the domain
contact details. You will be responsible in all instances for ensuring the
information you enter into your account is true and accurate and to monitor
the information and update it so as to ensure its continued accuracy. NetRegister cannot and will not be held accountable for domain names which
are deleted or not renewed or by associated action on a domain name which
was caused through incorrect information being included in these details
or by your inaccurate maintenance of your account and domain information.
12.2 NetRegister agrees to hold
all account information in a format that it deems appropriate in order to
fulfil our obligation to you as a registrar. All information held, will
be used in accordance with our privacy statement and for the "day to day"
activities, which allows us to provide the NetRegister service to
you.
12.3 All reasonable endeavours will
be made to maintain your account information and to ensure it is protected
and used only for the purpose to which it was intended.
12.4 You agree to protect and hold harmless
NetRegister from any liability arising out of its use of information
supplied by you during the registration or account maintenance process in
accordance with these Terms and Conditions. You agree to seek permission
from any party whom you have supplied their personal information for the
purpose of maintaining accurate contact information on the NetRegister
domain contact database and to include such information and make the same
available to us only in accordance with the provisions of the Data Protection
Act 1998.
12.5 You hereby grant NetRegister
permission to disclose through a publicly accessible database the following
registrar mandatory information: the domain name; your name and postal address;
the name(s), postal address(es), e-mail address(es), telephone number and
where available fax number(s) of the technical, administrative and billing
contacts for your domain name; the Internet protocol numbers of the primary
and secondary name server(s); the corresponding names of those name servers;
the original domain name creation date; and the expiration date of the registration.
NetRegister is required by ICANN to make all information available
in bulk to third parties, who agree not to use it in the bulk transmission
of unsolicited e-mail and high volume, automated electronic processes that
are used in conjunction with our systems to register domain names unless
you expressly opt out of this bulk disclosure requirement during the NetRegister’ domain name registration process.
13 THIRD PARTY PURCHASES
13.1 You agree that in the event that
a domain name is purchased through the NetRegister service by your
agent (e.g. Internet Service Provider, web designer, employee, etc.) on
your behalf, you are nonetheless bound by all the terms and conditions herein.
13 .2 By using an agent you accept (as
between yourself and NetRegister) full responsibility for any errors
or omissions arising out of your agent’s negligence at the time of
registration or during the modification of contact information in relation
to each domain name purchased through your agent. No refunds will be given
whatsoever to you or your agent for such negligence.
13 .3 Where you purchase any domain
name through this service as an agent for any third party, you agree that
you will inform the end user customer of the contents of the Terms and Conditions
and procure from him or her the authority to bind him or her to these terms
and that you will indemnify NetRegister against any costs, claims,
damages and expenses arising out of or by reason of any breach of this clause
by you.
13 .4 You agree to indemnify, defend
and hold harmless any domain name registry used by NetRegister to
register your domain name, including Verisign Registry, Afilias Registry
and NeuLevel Registry , and its directors, officers, employees and agents
from and against any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses arising out of or relating
to your domain name registration.
14 DOMAIN NAME DISPUTE POLICY
14 .1 When you register or have registered
on your behalf a domain name through the NetRegister service you
agree to be bound by our current Domain Name Dispute Policy located at http://www.netregister.biz
. NetRegister has adopted the ICANN Formulated Uniform Dispute Resolution
Policy, but you hereby grant NetRegister the ability to change this
policy or introduce a new policy at its discretion by giving 30 calendar
days notice on your account homepage. You agree that if the Domain Name
Dispute Policy is modified during the term of your registration, you will
be bound by its new contents. You acknowledge that if you do not agree to
any such modifications, then your only remedy will be to terminate this
agreement forthwith, without refund. Any unused portion of credit funds
available in your account will be refunded in these circumstances. The purpose
of the UDRP is to set forth the terms and conditions associated with a dispute
between a Registrant and any other party (expressly excluding the Registry
Operator for the domain in question and the Registrar) over the registration
and use of a domain name registered by a registrant.
15 DOMAIN NAME DISPUTES
15 .1 By using the NetRegister
service you agree to be subject to the provisions set forth in our Domain
Name Dispute Policy. Should any third party dispute your right to any domain
name registered by us for you or on your behalf, NetRegister is
given full rights by you to suspend the ability to make modifications to
the domain contact details during a dispute. Full rights will only be re-instated
once proof had been supplied by both parties or an administrative or judicial
body that the dispute had been resolved and, if such administrative or judicial
body requires the cancellation or transfer of the domain name in dispute
to any third party or modification of any details relating to the domain
name, then you agree to our carrying out such cancellation, transfer or
modification without liability or refund of any monies to you. By making
use of our Domain Name Dispute Policy, you agree to indemnify and hold harmless
NetRegister from any litigation arising out of a dispute as to the
ownership or use of any domain name, save for any litigation which is wholly
attributable to the serious negligence or wilful default of NetRegister.
16 LIMITATION OF LIABILITY
16.1 Save as expressly set out in the
remainder of this clause, NetRegister’ entire liability with
respect to a breach of this agreement or to its negligence is solely limited
to five (5) times the fees paid by you for the service you purchased.
16.2 NetRegister
shall not be liable for any loss of profits, loss of business or loss or
damage to data or for indirect, incidental or consequential damages arising
out of the use of the NetRegister service.
16.3 Nothing in this clause shall be
taken to exclude or limit the liability of NetRegister for death
or personal injury resulting from its negligence or for any other liability,
which cannot validly be excluded by law.
17 GUARANTEE OF OWNERSHIP & USAGE
17.1 You agree that by registering your
domain name through the NetRegister service that this does not guarantee
ownership of the domain name and that NetRegister cannot and does
not purport to grant rights in respect of domain names that are more extensive
or different in nature to those stated by ICANN or other Naming Committee
bodies or found by applicable law to exist in domain names. Further, you
acknowledge that your domain name may be objected to by a third party or
court of law and therefore the rights to the name may be cancelled or transferred
to another party should it be found that they have a legal right to its
ownership or to object to its registration or use. Your rights in respect
of the domain name shall cease in any case when the domain fees have not
been received by NetRegister by the due date for renewal of the
name and the domain will be deemed expired and be released back into the
domain pool for re-registration by another registrant. Usage of a domain
name shall be unrestricted unless a domain is involved in a legal dispute
or in NetRegister’ reasonable opinion it appears likely to
be so or payment for the domain name has not been received.
18 CONFORMANCE
18.1 You agree to conform to all aspects
of this agreement. You also agree that failure to abide by any provisions
of this agreement may result in the deletion of your domain or suspension
of your account without prejudice to the right of NetRegister to
terminate this Agreement in the event of material breach on your part. No
refunds will be given in the event of any termination, suspension or deletion
falling within this clause.
19 REPRESENTATIONS & WARRANTIES
19 .1 You agree and warrant that; the
information you supply or your agent supplies on your behalf for the purpose
of completing the domain name registration process through NetRegister
is true and accurate to the best of your knowledge and belief; to the best
of your belief, the registration of your domain name or the manner in which
you intend to use the domain name directly or indirectly does not compromise
the legal rights of a third party; you have the power and authority to execute
this agreement and to perform the obligations herein; and that the use of
the NetRegister service is solely at your own risk.
20 MODIFICATIONS TO THIS AGREEMENT
20 .1 You agree that during the term
of this agreement we hold the right to modify this agreement by giving thirty
(30) calendar days notice. Notice will be posted on the NetRegister
web site located at http://www.netregister.biz and may also be made available
to you by such additional means as in our sole discretion we deem appropriate.
You also agree that NetRegister can change part of the services
provided under this agreement by giving like notice. By continuing to use
the NetRegister service subsequent to any revisions or changes in
effect after the thirty (30) calendar days notice period, you therefore
agree to abide and be bound by the revised agreement.
21 TERMINATION BY US
21 .1 You agree that we may terminate
your contractual rights to use the NetRegister service, if the information
that you are required to supply to register your domain name or to sign
up for a NetRegister account, contains falsified or misleading information.
You also agree that we may suspend, cancel or transfer your domain name
registration in order to resolve any inaccuracies made by us, or the registry
in registering a domain or to resolve a dispute under our dispute policy.
No refund will be granted if we terminate your service under this clause.
22 OUR RIGHT TO REFUSE
22 .1 NetRegister reserves the
right to refuse to register your chosen domain name or to allow you to sign-up
as a NetRegister partner. We also reserve the right to delete your
domain or sell your domain should we find a credit card charge back has
been made or payment has not been received to cover the cost of the domain
name registration. We will however not be liable for any losses or damages
arising out of our refusal to register or deletion of your service.
23 TRANSFER OF SERVICE
23.1 NetRegister grants you
the right to transfer your domain name registration to a third party of
your choice. All transfers should be subject to the transfer procedure located
in your account’s menu at http://netregister.biz/pannello.htm.
24 LAW
24.1 Save for disputes falling within
the dispute resolution procedure described above. You agree that any legal
disputes, which arise out of the implementation of this agreement, shall
be handled under the laws of Italy. By using our service you agree
to this agreement being consented to under the jurisdiction of the Italian courts.
25 BINDING
25.1 By opening a NetRegister
account and/or registering a domain through our service you agree that you
have read and understood the Terms and Conditions herein. You also agree
that as a customer of NetRegister you will be bound by this agreement
in its entirety. |
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