Aces Domains
Domain Name Registration Agreement |
| This Aces Domains Domain Name Registration
Agreement ("Agreement") is by and between Aces Domains ("Aces
Domains") an Arizona Corporation and You, Your heirs, agents,
successors and assigns ("You"), and is made effective as of
the date of electronic execution. This Agreement sets forth
the terms and conditions of Your use of Aces Domains's Domain
Name Registration and represents the entire agreement between
You and Aces Domains. By participating in this transaction,
You acknowledge that You have read, understand and agree to
be bound by all the terms and conditions of this Agreement,
including our dispute policy, along with any new, different
or additional terms, conditions or policies which Aces Domains
may establish from time to time.
In addition to transactions entered into by You on Your behalf,
You also agree to be bound by the terms of this agreement for
transactions entered into on Your behalf by anyone acting as
Your Agent, and transactions entered into by anyone who uses
the account You've established with Aces Domains, whether or
not the transactions were in Your behalf. You acknowledge that
Aces Domains's acceptance of any application made by You for
services provided by Aces Domains will take place at Aces Domains's
offices located in Scottsdale, Arizona, USA.
You acknowledge that Aces Domains is a registrar bound by an
agreement between Aces Domains and the Internet Corporation
for Assigned Names and Numbers ("ICANN"). You agree that Aces
Domains may modify this agreement in order to comply with applicable
law and the terms and conditions set forth by the Internet ICANN
and/or the Registry Administrator chosen by ICANN, as well as
any registration rules or policies that may be published from
time to time by Aces Domains. |
1. fees |
| In consideration for the services and products
("service") purchased by You and provided to You by Aces Domains
, You agree to pay Aces Domains at the time service is provided.
Payment is to be made by You by providing either a valid credit
card, an online check, or using "Good
As Gold" to establish a cash reserve for charge by Aces
Domains (collectively, the "Payment Method"). Personal checks
and money orders may only be used only to fund "Good As Gold"
(GAG) accounts, must be for payments of $100 or more, and issued
in U.S. dollars for the full amount required at that time. Personal
checks under $1,000 are subject to the same processing fees
as wire transfers. All personal checks will be delayed fourteen
(14) days until the money is credited, which may delay Your
usage of the product or service, and any check that bounces
will result in a $25 bounced check fee. If You purchase an automatically
renewing service or product by personal check, it is Your responsibility
to make payment arrangements for each renewal payment. You understand
that ICANN requires Aces Domains to collect a small registration
fee when you purchase your domain name registration. You agree
to pay such fees. Payments are non-refundable. If for any reason
Aces Domains is unable to charge Your Payment Method for the
full amount owed Aces Domains for the service provided, or if
Aces Domains is charged a penalty for any fee it previously
charged to your Payment Method, You agree that Aces Domains
may pursue all available remedies in order to obtain payment.
You agree that among the remedies Aces Domains may pursue in
order to effect payment, shall include but will not be limited
to, immediate cancellation without notice to You of any domain
names registered or renewed on Your behalf. Aces Domains reserves
the right to charge a reasonable service fee for administrative
tasks outside the scope of its regular services. These include,
but are not limited to, customer service issues that cannot
be handled over email but require personal service, and disputes
that require legal services. These charges will be billed to
the Payment Method we have on file for You. You may change your
Payment Method at any time by logging into Your Account
Manager.
Domain Name Renewals
When You register a domain name, You have the option to elect
that the domain name be automatically renewed upon reaching
the expiration date. If You elect the automatic renewal option,
Aces Domains will automatically renew, for a period equivalent
to the length of your original registration, any domain name
that is up for renewal and will take payment from the Payment
Method You have on file with Aces Domains , at Aces Domains
's then current rates. Thus, if you have chosen to register
your domain name for one year, Aces Domains will automatically
renew it for one year. If you have chosen to register your domain
name for two years, Aces Domains will automatically renew it
for two years, and so on. Domain name renewals will be non refundable.
If for any reason Aces Domains is not able to take the payment
from the Payment Method You have on file, and You fail to respond
to our notices, Your domain name registration will expire. It
is Your responsibility to keep Your Payment Method information
current, which includes the expiration date if you are using
a credit card. If You do not elect that the domain name be automatically
renewed, You have the responsibility of logging into Your account
manager for that domain name and manually implementing the renewal
by the expiration date (should You in fact want the domain name
to be renewed). In this case, if You fail to manually implement
the renewal in a timely fashion the domain name will be cancelled
and You will no longer have use of that name. You agree that
Aces Domains will not be responsible for cancelled domain names
that You fail to renew, either automatically or manually. In
any case, if You fail to renew Your domain name in a timely
fashion, additional charges may apply. If You signed up for
domain masking, domain forwarding, or any other similar service,
with Your domain registration, these services may be automatically
renewed when Your domain registration is up for renewal, and
You may incur an additional renewal fee unless You cancel in
advance.
If you fail to renew your domain name, you agree that Aces
Domains may, at its sole discretion, renew your expired domain
name on your behalf. If Aces Domains decides to renew your expired
domain name on your behalf you will have a Renewal Grace Period
during which you may reimburse Aces Domains for the renewal
and keep your domain name. The Renewal Grace Period is currently
30 days but subject to change under the terms of Section 2 of
this Agreement.
If you do not reimburse Aces Domains for the renewal during
the Renewal Grace Period your domain name will be placed on
Hold and flagged for deletion after which you will have a 30
day Redemption Grace Period during which you may pay Aces Domains
a Redemption fee and redeem your domain name. The Redemption
fee is currently $80 USD and is subject to change under the
terms of Section 2 of this agreement.
If you do not redeem your domain name prior to the end of the
Redemption Grace Period Aces Domains may, at its sole discretion,
delete your domain name or transfer it to another registrant
on your behalf. |
2. term of agreement; modifications |
| The term of this agreement shall continue
in full force and effect as long as You have any domain name
registered through Aces Domains . You agree that You will not
transfer any domain name registered through Aces Domains to
another domain name registrar during the first sixty (60) days
from its initial registration date.You further agree that Aces
Domains may charge You a small fee if You cancel Your domain
within the five (5) day grace period after registering Your
domain with Aces Domains and Aces Domains refunds the price
of Your domain. Aces Domains will not charge You a fee if Aces
Domains cancels Your domain name during this period because
of fraud.
You agree that Aces Domains may modify this agreement from
time to time. Aces Domains may also discontinue services it
provides under this agreement. You agree to be bound by any
changes Aces Domains may reasonably make to this agreement when
such changes become effective. Should You elect to cancel Your
agreement with Aces Domains You will not receive a refund for
any fees You may have paid to Aces Domains .
You agree that Aces Domains shall not be bound by any representations
made by third parties who You may use to purchase services from
Aces Domains , and that any statements of a general nature,
which may be posted on Aces Domains 's web site or be contained
in Aces Domains 's promotional materials, will not bind Aces
Domains . |
3. up to date information; use of information and expiration
|
| You agree to notify Aces Domains within five
(5) business days when any of the information You provided as
part of the application and/or registration process changes.
It is Your responsibility to keep this information in a current
and accurate status. Failure by You, for whatever reason, to
provide Aces Domains with accurate and reliable information
on an initial and continual basis, shall be considered to be
a material breach of this agreement. Failure by You, for whatever
reason, to respond within five (5) business days to any inquiries
made by Aces Domains to determine the validity of information
provided by You, shall also be considered to be a material breach
of this agreement. You agree to retain a copy for Your record
of the receipt for purchase of Your domain name.
You agree that for each domain name registered by You the following
information will be made publicly available in the Whois directory
as determined by ICANN Policy and may be sold in bulk as set forth
in the ICANN agreement:
- The domain name
- Your name and postal address
- The email address, postal address, voice and fax numbers
for technical and administrative contacts
- The Internet protocol numbers for the primary and secondary
name servers
- The corresponding names of the name servers
- The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, Aces Domains
may make use of the publicly available information You provided
during the registration process. If You engage in the reselling
of domain names You agree to provide any individuals whose personal
information You've obtained, information about the possible
uses of their personal information pursuant to ICANN policy.
You also agree to obtain consent, and evidence of consent, from
those individuals for such use of the personal information they
provide. |
4. dispute resolution policy |
| You agree to be bound by our current Dispute
Resolution Policy. This policy is incorporated herein and made
a part of this agreement. You can view the Uniform
Domain Name Dispute Resolution Policy online. You agree
that Aces Domains may from time to time modify its Dispute Resolution
Policy. Aces Domains will post any changes to its Dispute Resolution
Policy at least 30 days before they become effective. You agree
that by maintaining Your domain name registrations with Aces
Domains after the updated policy becomes effective that You
agree to the Dispute Resolution policy as amended. You agree
to review Aces Domains's web site periodically to determine
if changes have been made to the Dispute Resolution Policy.
If You cancel Your agreement with Aces Domains as a result of
the modified Dispute Resolution policy no fees will be refunded
to You.
You agree that if a dispute arises as a result of one or more
domain names You have registered using Aces Domains, You will
indemnify, defend and hold Aces Domains harmless as provided
for in this agreement. You also agree that if Aces Domains is
notified that a complaint has been filed with a governmental,
administrative or judicial body, regarding a domain name registered
by You using Aces Domains, that Aces Domains, in its sole discretion,
may take whatever action Aces Domains deems necessary regarding
further modification, assignment of and/or control of the domain
name deemed necessary to comply with the actions or requirements
of the governmental, administrative or judicial body until such
time as the dispute is settled. In this event You agree to hold
Aces Domains harmless for any action taken by Aces Domains.
|
5. transfer of domain names; resale practices |
| If You transfer any domain name You agree
to provide the information required by, and to abide by, the
procedures and conditions set forth in our Domain
Transfer Agreement . You may view the latest version of
our Domain Transfer Agreement online. In order to further protect
Your domain, any domain registered with Aces Domains or tranferred
to Aces Domains shall be placed on lock status. The domain must
be placed on unlock status in order to modify any of the Whois
information including the name servers, or initiate a transfer
of the domain name away from Aces Domains to a new Registrar.
You may log into Your account with Aces Domains at any time
after Your domain name has been successfully transfered to Aces
Domains , and change the status to unlock.
You agree to inform any customer of Yours, who may be acquiring
a domain name through You using Aces Domains 's registration
services, that they are in fact registering their domain name
through Aces Domains and that Aces Domains is an accredited
registrar with ICANN. You agree not to represent that You are
an ICANN accredited registrar or that You are in any way providing
superior access to the ICANN Domain Name Registry. You also
agree not to use the ICANN trademark logo in any of Your promotional
materials including Your web site.
You agree to obtain each of Your customers' acceptances of
Aces Domains 's then current Domain Registration Agreement,
and to retain evidence of their acceptance for a period of not
less than three (3) years. Should You require that Your customers
accept additional terms and conditions that are not required
by Aces Domains , You agree that such additional terms and conditions
shall not conflict with Aces Domains 's Domain Registration
Agreement and the policies and business procedures adopted by
ICANN.
You agree that Aces Domains is not lending You access to its
registrar connections or its registry access, nor will You be
deemed to be a registrar in Your own right. Furthermore, You
agree You will not attempt to gain access to Aces Domains 's
registrar connections or registry access. You agree to provide
complete, accurate and current data for each registrant to be
added to a registry in accordance with ICANN requirements for
inclusion in the Whois database.
You agree to provide Your customers with adequate customer
support, and to maintain contact with them with regard to providing
a medium for them to communicate changes in the information
they provided as part of the domain name registration process.
Upon receiving corrected or updated information You will, within
5 business days, provide such information to Aces Domains so
Aces Domains may update its registration records. You will retain
copies of all communications between You and Your customers
and will upon request provide Aces Domains copies of same. |
6. suspension of services; breach of agreement |
| You agree that, in addition to other events
set forth in this agreement, Your ability to use any of the
services provided by Aces Domains is subject to cancellation
or suspension in the event there is an unresolved breach of
this agreement and/or suspension or cancellation is required
by any policy now in effect or adopted later by ICANN.
You agree that Your failure to comply completely with the terms
and conditions of this agreement and any Aces Domains rule or
policy may be considered by Aces Domains to be a material breach
of this agreement and that Aces Domains may provide You with
notice of such breach either in writing or electronically (i.e.
email). In the event You do not provide Aces Domains with material
evidence that You have not breached Your obligations to Aces
Domains within ten (10) business days, Aces Domains may terminate
its relationship with You and take any remedial action available
to Aces Domains under the applicable laws. Such remedial action
may be implemented without notice to You and may include, but
is not limited to, canceling the registration of any of Your
domain names and discontinuing any services provided by Aces
Domains to You. No fees will be refunded to You should Your
agreement be cancelled or services be discontinued because of
a breach.
Aces Domains's failure to act upon or notify You of any event,
which may constitute a breach, shall not relieve You from or
excuse You of the fact that You have committed a breach. |
7. restriction of services; right of refusal |
| You agree not to use the services provided
by Aces Domains, or to allow or enable others, to use the services
provided by Aces Domains for the purposes of:
- The transmission of unsolicited email (Spam).
- Repetitive, high volume inquires into any of the services
provided by Aces Domains (i.e. domain name availability, etc.).
If You are hosting Your domain's domain name servers ("DNS") on
Aces Domains's servers, or are using our systems to forward a
domain, URL, or otherwise to a system or site hosted elsewhere,
or if You have your domain name registered with Aces Domains,
You are responsible for ensuring that there is no excessive overloading
on Aces Domains's DNS systems. You may not use Aces Domains's
servers and Your domain as a source, intermediary, reply to address,
or destination address for mail bombs, Internet packet flooding,
packet corruption, or other abusive attack. Server hacking or
other perpetration of security breaches is prohibited. You agree
that Aces Domains reserves the right to deactivate Your domain
name from its DNS system if Aces Domains deems it is the recipient
of activities caused by your site that threaten the stability
of its network.
You agree that Aces Domains, in its sole discretion and without
liability to You, may refuse to accept the registration of any
domain name. Aces Domains also may in its sole discretion and
without liability to You delete the registration of any domain
name during the first thirty (30) days after registration has
taken place. Aces Domains may also cancel the registration of
a domain name, after thirty (30) days, if that name is being
used in association with spam or morally objectionable activities.
Morally objectionable activities will include, but not be limited
to: activities designed to defame, embarrass, harm, abuse, threaten,
slander or harass third parties; activities prohibited by the
laws of the United States and/or foreign territories in which
You conduct business; activities designed to encourage unlawful
behavior by others, such as hate crimes, terrorism and child
pornography; activities that are tortious, vulgar, obscene,
invasive of the privacy of a third party, racially, ethnically,
or otherwise objectionable; activities designed to impersonate
the identity of a third party; and activities designed to harm
minors in any way. In the event Aces Domains refuses a registration
or deletes an existing registration during the first thirty
(30) days after registration, You will receive a refund of any
fees paid to Aces Domains in connection with the registration
either being canceled or refused. In the event Aces Domains
deletes the registration of a domain name being used in association
with spam or morally objectionable activities, no refund will
be issued.
|
8. limitation of liability |
| You agree that Aces Domains 's entire liability
to you under this agreement, and your only remedy, in connection
with any service provided by Aces Domains , to you under this
agreement, and for any breach of this agreement by Aces Domains
, shall be limited to the fees you paid to Aces Domains for
the particular service in contention. Aces Domains and its agents
and contractors shall not be liable for any direct, indirect
incidental, special, or consequential damages resulting from
the use of or inability to use any of Aces Domains 's services
or for the cost of obtaining substitute services. Because certain
states do not permit the limitation of elimination of liability
for certain types of damage, Aces Domains 's liability shall
be limited to the smallest amount permitted by law. Aces Domains
disclaims any loss or liability resulting from:
- access delays or interruptions to our web site or domain
name registration system
- data non-delivery or misdelivery between You and Aces Domains
- events beyond our control (i.e. acts of God)
- the loss of registration or processing of a domain name
or the use of a domain name
- the failure for whatever reason to renew a domain name registration
- the unauthorized use of Your account with Aces Domains or
any of services provided to You by Aces Domains
- errors, omissions or misstatements
- deletion of, failure to store, or failure to process or
act upon email messages
- processing of updated information to Your registration record
- development or interruption of Your web site
- errors taking place with regard to the processing of Your
application
- application of Aces Domains 's Dispute Resolution Policy
- any act or omission caused by You or Your agent (whether
authorized by You or not)
|
9. indemnity |
| You agree to release, defend, indemnify and hold
harmless Aces Domains and its contractors, agents, employees,
offices, directors, shareholders and affiliates from and against
any losses, damages or costs, including reasonable attorney's
fees, resulting from any claim, action, proceeding suit or demand
arising out of or related to Your (including Your agents, affiliates
or anyone using Your account with Aces Domains whether or not
on Your behalf, and whether or not with Your permission) use of
the services provided by Aces Domains. Should Aces Domains be
notified of a pending law suit, or receive notice of the filing
of a law suit, Aces Domains may seek a written confirmation from
You concerning Your obligation to indemnify Aces Domains. Your
failure to provide such a confirmation may be considered a breach
of this agreement. |
10. representation and warranties |
| You warrant that all information provided
by You as part of the registration process is complete and accurate.
You also warrant that each registration You make is being done
so in good faith and that You have no knowledge of it infringing
upon or conflicting with the legal rights of a third party or
a third party's registration, trademark or trade name. You also
warrant that the domain name being registered will not be used
in connection with any illegal activity.
You agree that Aces Domains makes no representations or warranties
or any kind in connection with this agreement and specifically
makes no guaranty to You against the possibility of objection
to, or challenge of, the registration or use of any domain name
You register with Aces Domains.
Aces Domains expressly reserves 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 Aces Domains, as well as its affiliates, subsidiaries,
officers, directors and employees. Aces Domains also reserves
the right to freeze a domain name during resolution of a dispute.
|
11. disclaimer of warranties |
| Aces Domains expressly disclaims all warranties
of any kind, whether express or implied, including, but not limited
to, the implied warranties of merchantability, fitness for a particular
purpose and non-infringement. Aces Domains makes no warranty that
its service(s) will meet your requirements, or that the service(s)
will be uninterrupted, timely, secure, or error free, or that
defects will be corrected. Aces Domains does not warrant, nor
make any representations regarding the use, or results of, any
of the services it provides, in terms of their correctness, accuracy,
reliability, or otherwise. |
12. severability; entirety |
| You agree that the terms of this Agreement
are severable. If any part of this Agreement is determined to
be unenforceable or invalid, that part of the agreement will
be interpreted in accordance with applicable law as closely
as possible, in line with the original intention of both parties
to the Agreement. The remaining terms and conditions of the
Agreement will remain in full force and effect.
You agree that this agreement including the policies it refers
to (i.e. our Dispute Resolution Policy, etc.) constitute the
complete and only agreement between You and Aces Domains regarding
the services contemplated herein. |
13. venue; waiver of trial by jury |
| This agreement shall be deemed entered into
in the state of Arizona. Except for disputes concerning the
user of a domain name registered with Aces Domains, the laws
and judicial decisions of Maricopa county, Arizona, shall be
used to determine the validity, construction, interpretation
and legal effect of this agreement. You agree that any action
relating to or arising out of this agreement, shall be brought
in the courts of Maricopa county, Arizona.
You agree to waive the right to trial by jury in any proceeding
that takes pace relating to or arising out of this agreement.
|
14. notices |
You agree that all notices (except for notices
concerning breach of this agreement) from Aces Domains to You
may be posted on our web site and will be deemed delivered within
thirty (30) days after posting. Notices concerning breach will
be sent either to the email address You have on file with Aces
Domains or mailed first class postage to the postal address You
have on file with Aces Domains. In both cases, delivery shall
be deemed to have been made five (5) days after the date sent.
Notices from You to Aces Domains shall be made either by email,
sent to the address we provide on our web site, or first class
mail to our address at:
Domain Services C/O Aces Domains, 14455 North Hayden Rd., Suite
219, Scottsdale, AZ 85260 Delivery shall be deemed to have been
made by You to Aces Domains five (5) days after the date sent.
|
15. provisions specific to all registrations |
| You agree to be bound by the rules, policies,
and agreements of each Registry from which You purchase a domain
registration, which may include, but are not limited to, Top Level
Domain Registries and Second Level Domain Registries. |
16. provisions specific to .COM, .NET, AND .CC registrations |
| Indemnification
You agree to indemnify, defend and hold harmless the .COM,
.NET, and .CC Registry Operator, VeriSign, Inc., and its directors,
officers, employees, agents, and affiliates from and against
any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses arising out of
or relating to the Registered Name holder's domain name registration.
|
17. provisions specific to .ORG registrants |
| Indemnification
You agree to indemnify, defend and hold harmless the .ORG Registry
Operator, Public Interest Registry, and its subcontractors,
shareholders, directors, officers, employees, agents, and affiliates
from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses arising
out of or relating to the Registered Name holder's domain name
registration. This indemnification requirement shall survive
the termination or expiration of the registration agreement.
|
18. provisions specific to .INFO registrants |
| Indemnification
You agree to indemnify, defend and hold harmless the .INFO
Registry Operator, Afilias Limited, and its subcontractors,
shareholders, directors, officers, employees, agents, and affiliates
from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses arising
out of or relating to the Registered Name holder's domain name
registration. This indemnification requirement shall survive
the termination or expiration of the registration agreement.
|
19. provisions specific to .WS (WEBSITE) registrations |
| Indemnification
You agree to indemnify, defend and hold harmless the .WS Registry
Operator, Global Domains International, Inc., and its directors,
officers, employees, agents, and affiliates from and against
any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses arising out of
or relating to the Registered Name holder's domain name registration.
You agree to be bound by any registry rules, policies, and
agreements for this ccTLD. The registration policies for this
ccTLD are available online and are incorporated herein. |
20. additional requirements for .INFO registrants |
| If You are registering a .INFO domain name
You also agree to:
- consent to the use, copying, distribution, publication,
modification and other processing of Registered Name Holder's
Personal Data by the .info Registry Operator and its designees
and agents;
- submit to proceedings commenced under ICANN's Uniform Domain
Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute
Resolution Policy ("SDRP");
- immediately correct and update the registration information
for the Registered Name during the registration term for the
Registered Name; and
- acknowledge that the Registry Operator will have no liability
of any kind for any loss or liability resulting from the proceedings
and processes relating to the Sunrise Period or the Land Rush
Period, including, without limitation: (a) the ability or
inability of a registrant to obtain a Registered Name during
these periods, and (b) the results of any dispute over a Sunrise
Registration.
|
21. additional requirements for .BIZ registrants |
| If You are registering a .BIZ domain name You
also agree to:
.BIZ Restrictions
Registrations in the .BIZ TLD must be used or intended to be
used primarily for bona fide business or commercial purposes.
For purposes of the .BIZ Registration Restrictions ("Restrictions"),
"bona fide business or commercial use" shall mean the bona fide
use or bona fide intent to use the domain name or any content,
software, materials, graphics or other information thereon,
to permit Internet users to access one or more host computers
through the DNS:
- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
- To facilitate (i) the exchange of goods, services, information,
or property of any kind; or, (ii) the ordinary course of
trade or business. Registering a domain name solely for
the purposes of (1) selling, trading or leasing the domain
name for compensation, or (2) the unsolicited offering to
sell, trade or lease the domain name for compensation shall
not constitute a "bona fide business or commercial use"
of that domain name.
.BIZ Certification
As a .BIZ domain name registrant, You hereby certify to the best
of Your knowledge that:
- The registered domain name will be used primarily for
bona fide business or commercial purposes and not (i) exclusively
for personal use; or (ii) solely for the purposes of (1)
selling, trading or leasing the domain name for compensation,
or (2) the unsolicited offering to sell, trade or lease
the domain name for compensation. More information on the
.BIZ restrictions, which are incorporated herein by reference,
are available online.
- The domain name registrant has the authority to enter
into the registration agreement; and
- The registered domain name is reasonably related to the
registrant's business or intended commercial purpose at
the time of registration.
Domain Name Dispute Policy
If You reserved or registered a .BIZ domain name through us,
You agree to be bound by our current domain name dispute policy
that is incorporated herein and made a part of this Agreement
by reference. Please take the time to familiarize Yourself with
that policy. In addition, You hereby acknowledge that You have
read and understood and agree to be bound by the terms and conditions
of the following documents, as they may be amended from time
to time, which are hereby incorporated and made an integral
part of this Agreement:
- The Uniform Domain Name Dispute Policy;
- The Start-up Trademark Opposition Policy ("STOP"); and
- The Restrictions Dispute Resolution Criteria and Rules.
The STOP sets forth the terms and conditions in connection
with a dispute between a registrant of a .BIZ domain name ("Registrant")
with any third party (other than Registry Operator or Registrar)
over the registration or use of a .BIZ domain name registered
by Registrant that is subject to the Intellectual Property Claim
Service. The Intellectual Property Claim Service a service introduced
by Registry Operator to notify a trademark or service mark holder
("Claimant") that a second-level domain name has been registered
in which that Claimant claims intellectual property rights.
In accordance with the STOP and its associated Rules, those
Claimants will have the right to challenge registrations through
independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other than
the Registry Operator or Registrar over the registration and
use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that
a domain name is not used primarily for business or commercial
purposes shall be enforced on a case-by-case, fact specific
basis by an independent ICANN-accredited dispute provider. None
of the violations of the Restrictions will be enforced directly
by or through Registry Operator. Registry Operator will not
review, monitor, or otherwise verify that any particular domain
name is being used primarily for business or commercial purposes
or that a domain name is being used in compliance with the SUDRP
or UDRP processes.
Domain Name Dispute Policy Modifications
You agree that we, in our sole discretion, may modify our dispute
policy. We will post any such revised policy on our Web site
at least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the reservation or registration
of Your domain name after modifications to the dispute policy
become effective, You have agreed to these modifications. You
acknowledge that if You do not agree to any such modification,
You may terminate this Agreement. We will not refund any fees
paid by You if You terminate Your Agreement with us.
Domain Name Disputes
You agree that, if Your use of our domain name registration
services is challenged by a third party, You will be subject
to the provisions specified in our dispute policy in effect
at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, You will indemnify
and hold us harmless pursuant to the terms and conditions set
forth below in this Agreement. If we are notified that a complaint
has been filed with a judicial or administrative body regarding
Your use of our domain name registration services, You agree
not to make any changes to Your domain name record without our
prior approval. We may not allow You to make changes to such
domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification
by You and the other party contesting Your registration and
use of our domain name registration services that the dispute
has been settled. Furthermore, You agree that if You are subject
to litigation regarding Your registration and use of our domain
name registration services, we may deposit control of Your domain
name record into the registry of the judicial body by supplying
a party with a registrar certificate from us.
Reservation of Rights
Aces Domains and the .BIZ Registry Operator, NeuLevel, Inc.
expressly reserve the right to deny, cancel or transfer any
registration that it deems necessary, in its discretion, to
protect the integrity and stability of the registry, to comply
with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal,
on the part of Aces Domains and/or NeuLevel, Inc., as well as
their affiliates, subsidiaries, officers, directors and employees.
Aces Domains and NeuLevel, Inc. also reserve the right to freeze
a domain name during resolution of a dispute.
Indemnification
You agree to indemnify, defend and hold harmless the .BIZ Registry
Operator, NeuLevel, Inc., and its directors, officers, employees,
agents, and affiliates from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable
legal fees and expenses arising out of or relating to the Registered
Name holder's domain name registration. This indemnification
requirement shall survive the termination or expiration of the
registration agreement. |
22. provisions specific to .US registrations |
| You agree to be bound
by any registry rules, policies, and agreements for this ccTLD.
The registration guidelines for this ccTLD are available online
and are incorporated herein. These policies may prohibit You
from changing, transferring, or assigning the name You have
submitted as Registrant.
The Registrant certifies that it meets the following Nexus
Requirements to qualify to register to use a .US domain name.
A. Registrants must be either:
- A natural person (i) who is a United States citizen, (ii)
who is a permanent resident of the United States of America
or any of its possessions or territories, or (ii) whose primary
place of domicile is in the United States of America or any
of its possessions, or;
- An entity or organization that is (i) incorporated within
one of the fifty (50) U.S. states, the district of Columbia,
or any of the United States possessions or territories or
(ii) organized or otherwise constituted under the laws of
a state of the United States of America, the District of Columbia
or any of its possessions (including a federal, state, or
local government of the United States, or a political subdivision
thereof, and non-commercial organizations based in the United
States), or;
- A foreign entity or organization that has a bona fide presence
in the United States of America or any of its possession or
territories that also (i) regularly engages in lawful activities
(sales of goods or services or other business, commercial
or non-commercial including not-for-profit activities) in
the Unites States, or (ii) maintains an office or other property
within the United States.
B. The name servers listed for all .US domain names must
be based within the United States of America or any of its possessions
or territories.
Registrant further certifies that Aces Domains has requested
specific information regarding how the Registrant meets the
Nexus requirement and that Registrant has willing volunteered
such information. Registrant understands and agrees that such
information will be verified and will be shared with the .US
Registry.
Registrant understands and agrees that if such information cannot
be verified, or if Registrant fails to continue to abide by the
Nexus Requirements, the registered domain name shall be subject
to immediate cancellation.
Indemnification
You agree to indemnify and hold harmless the .US Registry Operator,
NeuStar, 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 the Registrant's (i) .US domain name registration and (ii)
use of any .US registered domain name.
.US Registration Restrictions
You understand and agree that when You register one of these
domains, that You are prohibited from using any profanity in
the domain name, pursuant to the .US policy available online
. The definition of profanity can be found in the Supreme Court
decision, FCC v. Pacifica Foundation, made famous by George
Carlin. |
23. provisions specific to .NAME registered items |
| Eligibility Requirements - Dispute Resolution
You represent and warrant that the name You are registering
is Your legal, personal name, or that You own the intellectual
property rights to that name. If at any time it is discovered
that it is not Your legal personal name, or Your intellectual
property, the .NAME Registry Operator, Global Name Registry
(GNR) and Aces Domains reserve the right to cancel Your registration
without refund, or transfer it to another party. In addition
to the above You agree to be bound by the provisions of the
entire Eligibility Requirements Dispute Resolution Policy.
Consent - Defensive Registration
A Defensive Registration is a registration designed for the
protection of trademarks and service marks and may be granted
to prevent a third party from registering a variation of a trademark
or the exact trademark. If the name You wish to register is
subject to a Defensive Registration, You have three options:
(i) You may register a variation of the name, (ii) You may challenge
the Defensive Registration under the Eligibility Requirements
Dispute Resolution Policy ("ERDRP"), or (iii) You may request
Consent from the Defensive Registrant. You can request Consent
by contacting the Defensive Registrant listed in the GNR whois
database and requesting consent to register the .name domain.
If the Defensive Registrant grants consent, they must confirm
in writing that they grant consent. If the Defensive Registrant
does not grant consent, you may wish to challenge the Defensive
Registration under the ERDRP. The policy is available online.
Acceptable Use Policy
You agree to be bound by GNR’s Acceptable Use
Policy. Among other limitations, this policy prohibits You
from using your .name Email to engage in Spamming activities.
You will be limited to a maximum of 500 messages sent from Your
.name at a time.
Waiver of Liability
You agree that GNR and Aces Domains 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, the ability or inability to obtain
a domain name or email address registration using these processes;
or (ii) any dispute over any domain name or email address registration,
including the decision of any dispute resolution proceeding
related to any of the foregoing.
Indemnification
You agree to indemnify, defend and hold harmless GNR, and its
directors, officers, employees, agents, and affiliates from
and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses arising
out of or relating to the Registered Item Holder's registration.
You agree that this indemnification obligation shall survive
the termination or expiration of this Registration Agreement.
|
24. provisions specific to ONE-YEAR .BIZ, .INFO, AND .US registrations
|
| If You are registering a .INFO or .BIZ or
.US domain name and You elect to take advantage of special pricing
applicable to one-year registrations, Aces Domains will automatically
renew Your domain for an additional one-year period at the end
of the first year term by taking payment from the Payment Method
you have on file, unless You notify Aces Domains that You do
not wish to renew. You will be notified and given the opportunity
to accept or decline the one-year renewal prior to Your domain
name expiration date. In the event You decide not to renew Your
one-year .info or .biz or .us domain name for a second year,
Your domain name registration will automatically revert back
to Aces Domains and Aces Domains will gain full rights of registration
to such domain name.
You agree that if You delete or Transfer Your .INFO or .BIZ
or .US domain name during the first year, You will automatically
be charged the second year renewal fees. |
25. OTHER COUNTRY CODE TOP LEVEL DOMAINS |
| You represent and warrant that You meet the eligibility
requirements of each country code top level domain ("ccTLD") You
apply for. You further agree to be bound by any registry rules,
policies, and agreements for that particular ccTLD. These may
include, but are not limited to, agreeing to indemnify the ccTLD
provider, limiting the liability of the ccTLD provider, and requirements
that any disputes be resolved under that particular country's
laws. |
26. provisions specific to .AT, .BE, .CO.NZ, .NET.NZ, .ORG.NZ,
& .COM.MX registrations |
| You understand and agree that in order to register
these domains, a pre-registration DNS validation check is required
by the Registry. |
27. additional requirements FOR .MX, AND .UK (.ORG.UK, .ME.UK,
.CO.UK) registrations |
| You understand and agree that when You register
one of these domains, that the minimum term is two years. |
28. provisions specific to .BE registrants |
| You agree to be bound by any registry rules,
policies, and agreements for this ccTLD. The registration guidelines
for this ccTLD are available online and are incorporated herein.
|
29. provisions specific to .DE registrants |
| You represent and warrant that You meet the
eligibility requirements of this ccTLD. You further agree to
be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
online and are
incorporated herein.
.DE Registration Restrictions
You represent and warrant that You or Your administrative contact
has a German address, which cannot be a P.O. Box. You may not
use the names of other top-level domains (e.g. .ARPA, .COM,
.EDU, .GOV, .INT, .NET, .NATO, .MIL, .ORG and all country-related
TLDs) or German automobile identification numbers as domain
names. |
30. .JP registration restrictions |
| You represent and warrant that You have a
local presence in Japan with a home or office address. You agree
that certain domains are reserved and can only be registered
by certain parties. These include:
- TLDs, other than ccTLDs, as determined by ICANN;
- Geographical-type .JP domain names that are defined as metropolitan,
prefectural, and municipal labels;
- Names of primary and secondary educational organizations
- Names of organizations related to Internet management;
- Names required for .JP domain name operations; and
- Character strings which may be confused with ASCII-converted
Japanese domain names.
The complete list of .JP Reserved Domains is available online.
Additional Requirements for .JP Registrants
You agree to be bound by any registry rules, policies, and
agreements for this ccTLD, which are incorporated herein. You
must choose from the following list of Japanese Prefecture codes
and submit this information with Your order. Prefecture codes
are defined as follows:
01 HOKKAIDO
13 SAITAMA
25 OSKA
37 TOKUSHIMA
02 AOMORI
14 IBARAKI
26 WAKAYAMA
38 EHIME
03 IWATE
15 TOCHIGI
27 HYOGO
39 KOCHI
04 AKITA
16 GUNMA
28 TOYAMA
40 FUKUOKA
05 YAMAGATA
17 YAMANASHI
29 FUKUI
41 SAGA
06 MIYAGI
18 SHIZUOKA
30 ISHIKAWA
42 NAGASAKI
07 FUKUSHIMA
19 GIFO
31 OKAYAMA
43 KUMAMOTO
08 NIIGATA
20 AICHI
32 SHIMANE
44 OITA
09 NAGANO
21 MIE
33 YAMAGUCHI
45 MIYAZAKI
10 TOKYO
22 KYOTO
34 TOTTORI
46 KAGOSHIMA
11 KANAGAWA
23 SHIGA
35 HIROSHIMA
47 OKINAWA
12 CHIBA
24 NARA
36 KAGAWA
|
31. provisions specific to .NZ registrants (.CO.NZ, .ORG.NZ, .NET.NZ)
|
| You represent and warrant that You meet the
eligibility requirements of this ccTLD. You further agree to
be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
online and
are incorporated herein.
If you are registering a Second Level Domain under this ccTLD,
You further agree to be bound by the Second Level Domain's rules,
policies, and agreements, which are incorporated and made a
part of this Agreement herein.
.NZ Registration Restrictions (.CO.NZ, .ORG.NZ, NET.NZ)
You represent and warrant that You are an identifiable individual
over 18 years of age or a properly constituted organization.
|
32. provisions specific to .AT registrants |
| You represent and warrant that You meet the eligibility
requirements of this ccTLD. You further agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The registration
guidelines for this ccTLD are available online and are incorporated
herein. |
33. provisions specific to .UK registrants (.ORG.UK, .ME.UK, .CO.UK)
|
| You represent and warrant that You meet the
eligibility requirements of this ccTLD. You further agree to
be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
online
and the rules are available online,
and are incorporated herein.
If you are registering a Second Level Domain under this ccTLD,
You further agree to be bound by the Second Level Domain's rules,
policies, and agreements, which are incorporated and made a
part of this Agreement herein. |
34. provisions specific to .CC registrants |
| You represent and warrant that You meet the eligibility
requirements of this ccTLD. You further agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The registration
guidelines for this ccTLD are available online
and are incorporated herein. |
35. provisions specific to .TV registrants |
| You represent and warrant that You meet the
eligibility requirements of this ccTLD. You further agree to
be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
online
and are incorporated herein.
.TV Registration Restrictions
If You are registering a multi-lingual .TV domain name, You
are aware of and agree that the domain name must be less than
16 characters in length. The FAQ on multi-lingual .TV domain
names is available online.
|
Revised: 1/12/05
Copyright © 2000-2005 All Rights Reserved. |
|