| |
SCHEDULE A - trc.NET SERVICE AGREEMENT
APPLICABLE TO REGISTRANTS OF DOMAIN NAMES
1. Security. trc.NET does not guarantee the
security of your domain name registration records and you assume all risks for the security option you select (and have proof of payment for)
if it is compromised as
a result of fraudulent, unauthorized or illegal activity.
2. Fees and Payment. Initial domain name registrations and domain name
registrations that have passed the anniversary date and or renewed domain names
(where service has not been cancelled 30 days prior to the anniversary date as
indicated on our invoice), must be in a paid status prior to transfer, delete, modify or to otherwise request trc.NET to affect the domain name record or to
provide domain name services. Domain names and existing services will be renewed
30 days prior to the anniversary date as indicated on our invoice. Therefore,
cancellation of domain names and or existing services must be received by
trc.NET a minimum of 30 days prior to the anniversary date as indicated on our
invoice or trc.NET will renew the existing service and the registrant will have to pay the service fees in full. There is no pro rata for these license or
service fees and these charges are due in full 30 days prior to renewal. Domain
name registrations in an unpaid status are routinely deleted, sold or retained
at the sole discretion of trc.NET.
3. Transfers and Licensing of Use. You agree
that you may not transfer your domain name registration to another domain name
registrar during the first sixty (60) days from the effective date of your
initial domain name registration with us. Even if you license the use of our
domain name registration services to a third party, you remain responsible for
complying with all terms and conditions of this Agreement and you accept
liability for harm caused by such licensee's wrongful use of our domain name
registration services, unless you promptly disclose the identity of such license
upon request by any person who provides reasonable evidence of actionable harm.
4. trc.NET's Disclosure of Certain Information. In an effort to protect our client's
privacy you agree that trc.NET will use our company name and address as the registrant details.
Alternatively, you may request for us to use the information you provide, however, in
order for us to comply with the current rules and policies for the domain name
system, you hereby grant to trc.NET the right to disclose to third parties
through an interactive publicly accessible registration database the following
mandatory information that you are required to provide when registering or
reserving a domain name: (i) the domain name(s) registered by you; (ii) your
name and postal address; (iii) the name(s), postal address(es), e-mail
address(es), voice telephone number and where available the fax number(s) of the
technical and administrative contacts for your domain name(s); (iv) the Internet
protocol numbers of the primary nameserver and secondary nameserver(s) for such
domain name(s); (v) the corresponding names of those nameservers; (vi) the
original creation date of the registration; and (vii) the expiration date of the
registration. We, as are all accredited domain name registrars, are also
required to make this information available in bulk form to third parties who
agree not to use it to (a) allow, enable or otherwise support the transmission
of mass unsolicited, commercial advertising or solicitations via telephone,
facsimile, or e-mail (spam) or (b) enable high volume, automated, electronic
processes that apply to our systems to register domain names.
5. Domain Name Dispute Policy. If you registered a 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. This Uniform Domain Name
Dispute Resolution Policy (the "Policy") has been adopted by the Internet
Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by
reference into your Registration Agreement, and sets forth the terms and
conditions in connection with a dispute between you and any party other than us
(the registrar) over the registration and use of an Internet domain name
registered by you.
6. 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.
7. 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. For any dispute with,
or challenge by, a third party concerning or arising from your use of a domain
name registered with us or your use of our domain name registration services,
you agree to submit to subject matter jurisdiction, personal jurisdiction and
venue of the United States, County of Miami-Dade in the State of Florida. 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. You agree that we will comply with all court orders,
domestic or international, directed against you and/or the domain name
registration.
8. No Guaranty. You agree that, by registration of your chosen domain name, such
registration does not confer immunity from objection to either the registration
or use of your domain name.
9. Revocation. You agree that we may suspend, cancel or transfer your services,
including, but not limited to, domain name registration services in order to: (i)
correct mistakes made by us, another registrar or the registry in registering
your chosen domain name, or (ii) to resolve a dispute under our domain name
dispute policy.
10. In the event the Agreement or this Schedule terminates, Sections 4, 5, 6, 7,
9 and 10 of this Schedule shall survive such expiration or termination.
SCHEDULE B - trc.NET SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF DOMAIN NAMES IN THE COUNTRY CODE
TOP-LEVEL DOMAINS.
In addition to the terms set forth above in
Schedule A, the following terms shall apply to registrants of domain names
registered in the country-code top-level domains available for registration
including but not limited to the .tv, .cc, .bz, .nu, .ws, .au, .uk, .be, .br, .az,
.at, .com.mx, .nz and .de country-code top-level domains. Your registration of a
domain name in any ccTLD (each a "New TLD Domain Name"), is subject to policies
established or revised from time to time by the registry for such New TLD Domain
Name ("New TLD Registry"), in its capacity as the registry for its respective
Top Level Domain. Each respective New TLD Registry's current policies ("New TLD
Registry Policies") are available for you to review at each New TLD's respective
website (for example, the registry policy for .nu can be found at
http://nunames.nu/about/terms.cfm,
the registry policy for .bz can be found at
http://www.belizenic.bz/terms.php,
the registry policy for .be can be found at
http://www.dns.be/eng/DomainInfo/enduser_termsandconditions.htm, the
registry policy for .com.mx can be found at
http://www.nic.mx/nic/plsql/nic_Politicas.nic_Politicas_Dominios, the
registry policy for .nz can be found at
http://www.domainz.net.nz/Domainz.asp?Content=Terms, the registry policy for
.de can be found at
http://www.denic.de/doc/DENIC/agb.en.html, the registry policy for .uk can
be found at ,http://www.nominet.org.uk/nominet-terms.html).
You agree to be bound by and comply with the applicable New TLD Registry
Policies, including amendments and modifications thereto, with respect to your
New TLD Domain Name registration. You acknowledge and agree that you have
reviewed and satisfied yourself as to the obligations and conditions contained
in the applicable New TLD Registry Policies. Such policies shall not alter the
terms and conditions of this Agreement. To the extent there is a conflict
between the New TLD Registry policies and the terms of this Agreement, the terms
of this Agreement shall prevail. You agree that the New TLD Registry has the
right to enforce the New TLD Registry Policies. With respect to any domain name
registrations in the .de ccTLD, and subject to the limitation of liability and
indemnification provisions contained in any of our agreements, you authorize and
direct us to designate trc.NET personnel as your administrative contact for all
such domain name registrations. With respect to any domain name registrations in
the .nz ccTLD, and subject to the limitation of liability and indemnification
provisions contained, of the our Terms and Conditions of the Agreement, you
authorize and direct us to (i) submit service request to and interact with the .nz
New TLD Registry on your behalf and (ii) designate a trc.NET email address as
the registrant email address of record with the .nz New TLD Registry.
SCHEDULE C - trc.NET SERVICE AGREEMENT
SPECIAL NOTICE AND DISCLAIMER FOR MULTILINGUAL DOMAIN NAME REGISTRATIONS
In addition to the terms set forth in Schedule
A, the following terms shall apply to Multilingual Domain Names ("MDN").
We
currently are making MDN registration services available to you as part of our
participation in a test bed ("Test Bed") being conducted by trc.NET Global
Registry Services for the purpose testing proposed standards for deployment of MDN technology and to provide operational experience with those proposed
standards.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE ENCODING SCHEMES,
PROTOCOLS AND OTHER MDN-ENABLING TECHNOLOGIES, WHETHER PROVIDED BY US OR
OTHERWISE, WILL BE APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE
SUCCESSFULLY DEPLOYED. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE TEST BED WILL
CONTINUE OR THAT OUR MDN REGISTRATION SYSTEM WILL INTEROPERATE PROPERLY WITH THE
CURRENT OR FUTURE TEST BED OR THE MDN-ENABLING TECHNOLOGIES OF OTHERS.
You assume all risks inherent in the experimental nature of this service and the
technologies supporting it. The encoding schemes, protocols and other MDN-enabling
technologies are not within our control and are subject to change without
notice. You assume all risks that such changes may impair or prevent your
ability to use the MDN you have registered. You further understand and agree
that we may interrupt or deny MDN registration services to you, temporarily or
permanently, as a result of such changes. You further assume all risks that the
Internet addressing system will not recognize an MDN you have registered or
otherwise will not enable such MDN to function as an Internet address.
We may, but shall not be obligated to, make any and all modifications to an MDN
registration, including without limitation changing the MDN's ASCII-based
translation, that we deem necessary or appropriate for the purpose of bringing
an MDN registration into conformance with evolving technical standards. Such
modifications may be made without notice to you. In the event we elect to make
such modifications, you agree to hold us harmless from any claims, liabilities
or demands arising from such modifications. Before registering an MDN, we
strongly recommend that you review and become familiar with the "Multilingual
Domain Name Position Paper."
You specifically acknowledge and agree that an
MDN shall be considered a domain name for purposes of the Domain Name Dispute
Policy and the provisions relating thereto in this Agreement. Notwithstanding
anything to the contrary contained in the Domain Name Dispute Policy, you agree
that during the Test Bed we may terminate your registration of an MDN in our
sole discretion without notice to you if, within 45 days of your registration,
we receive a formal, written objection to the registration by any legitimate
authority, including without limitation a trademark owner or governmental
entity. Our right of termination under this provision shall continue until such
time as: (1) trc.NET Global Registry Services publicly announces that its Test
Bed is complete; and (2) we determine in our sole discretion that all of the
encoding schemes, protocols and other MDN-enabling technologies that are used to
provide your MDN registration services have been approved by appropriate
standard-setting bodies.
SCHEDULE D - trc.NET SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .BIZ TLD.
In addition to the terms set forth in Schedule
A, the following terms shall apply to .biz domain names.
1. Additional Representations and Warranties. If you are applying for the
registration of a domain name in the .biz top-level domain ("TLD"), you also
represent and warrant that: (i) the domain name will be used primarily for bona
fide business or commercial purposes and not (a) exclusively for personal use or
(b) solely for the purposes of selling, trading or leasing the domain name for
compensation, or the unsolicited offering to sell, trade or lease the domain
name for compensation; and (ii) the domain name is reasonably related to your
business or intended commercial purpose at the time of registration.
2. Acknowledgment of Dispute Policies and
Rules. The registrant acknowledges having read and understood and agrees 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,
available at
http://www.icann.org/udrp/udrp.htm;
- The Start-up Trademark Opposition Policy
("STOP"), available at
http://www.neulevel.com/countdown/stop.html;
- The Restrictions Dispute Resolution Criteria
and Rules, available at
http://www.neulevel.com/countdown/rdrp.html.
If at the time of your application
for services in the .biz TLD, any of the above policies or rules (collectively
".biz Policies") have not yet been approved by ICANN (which may mean the .biz
Policies are not available for viewing via live hyperlinks above), you agree to
be bound by the terms of such .biz Policies upon such approval and in the final
form approved by ICANN, as posted on the NeuLevel Web site or the ICANN Web site
(located at www.icann.org). You agree that, by maintaining the services provided
hereunder (which may include registration of a domain name) after such posting
of any of the ICANN approved .biz Policies, you have agreed to the terms and
conditions of the same. You acknowledge that if you do not agree to the .biz
Policies, you may terminate this Agreement. We will not refund any fees paid by
you if you terminate your Agreement with us.
3. Registry Actions or Inactions. Our ability to provide services to you depends
in part upon the provision of services by third parties, such as the .biz
registry. We cannot control and will not be responsible for the actions or
inactions of such third parties. For example, the .biz registry has reserved the
right to deny, cancel or transfer any domain name registration under certain
circumstances. You acknowledge and agree that we shall not be liable to you or
any other party in connection with claims, damages, losses, expenses or costs
incurred or suffered by you as a result of actions taken or not taken by third
parties, including, but not limited to, the .biz registry.
4. Multiple Phases of Services. Your application or registration (whether
successful or not) for any .biz registry or .biz TLD services hereunder does not
guarantee, and we do not promise, that you will be approved or eligible for any
other services available or that may become available through us or any third
party. For example, certain services in the .biz TLD are provided in sequential
phases and participation in one phase, does not automatically qualify you for
participation in other phases, and any further participation is not automatic.
The .biz registry, and not trc.NET, determines the dates and times associated
with the various service phases available in the .biz TLD. You agree to review
and become familiar with the information available on our Web site and on the
.biz Web site concerning the various phases and descriptions of services
available in connection with .biz TLD, and to regularly check for modifications
and/or updates to such information, as the same may change from time to time.
You agree that you are solely responsible for applying and/or registering for
the service phases you desire to participate in. Additionally, you acknowledge
and agree that submission of an application for domain name registration or any
other services, does not guarantee that you will ultimately be the registrant
for a particular domain name, even if you participated in some other service
associated with the domain name, such as an intellectual property notification
service or similar service.
5. Additional Acknowledgments Concerning Customer Information. Subject to
provisions in our Addendum A number 5 - you also acknowledge and agree that
trc.NET will share with the .biz registry certain information submitted by you
in your application(s) for our services, as required by our agreement(s) with
the .biz registry or to provide the services you have applied for. You
acknowledge and agree that any information we share with the .biz registry may
be used by them to fulfill the .biz registry's service obligations to us or any
third party. You hereby grant us and the .biz registry a limited, royalty-free,
non-exclusive worldwide license to use all of the data contained in a Trademark.
6. Term of .biz license. As a result of NeuLevel registration requirements
trc.NET may be required to pay for two years of registration at the time we
instigate the registration of a .biz domain name. Therefore, you agree that if
you only pay for one year of registration you may not transfer a .biz domain
name to another registrar after the first year without paying trc.NET a .biz
Domain Name release fee equal to the trc.NET registration and dns service
charges for the second year. There is no refund for any part of the term not
used.
7. Disclaimer Concerning Intellectual Property
Notification Service. Your participation in an intellectual property
notification service or similar service DOES NOT PROVIDE YOU WITH ANY
INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS, NOR DOES IT PROVIDE YOU WITH
ANY RIGHTS TO ANY PARTICULAR DOMAIN NAME REGISTRATION. THIS IS A NOTIFICATION
SERVICE ONLY. EVEN IF YOU PARTICIPATE IN THIS SERVICE, YOU MUST STILL SUBMIT AN
APPLICATION FOR DOMAIN NAME REGISTRATION SERVICES TO BE ELIGIBLE TO BECOME THE
REGISTRANT FOR THE DESIRED DOMAIN NAME(S).
8. Survival of Terms. You agree that the indemnity provisions set forth in this
Schedule shall survive any termination of the Agreement
9. Terms of Use for IP Claim Service. The following additional terms apply
specifically to the Intellectual Property Claim Service (in this Section 8 of
this Schedule, the "Claim Service") made available in the .biz TLD. For purposes
of this Section 8, "Owner" shall mean the owner of a registered or common law
trademark or service mark and "Agent" shall mean the duly authorized agent of an
Owner (collectively "You"), and "Registrar" shall mean
trc.NET. These Terms of
Use will continue to apply to all past use of the Claim Service by You, even if
You are no longer using the Claim Service. You acknowledge and agree that
Registrar may terminate or block Your use of all or part of the Claim Service
without prior notice for any reason, including, without limitation, if Registrar
believes You have engaged in conduct prohibited by these Terms of Use.
- The Claim Service. Registrar provides the
Claim Service to holders of both registered and common law trademarks or
service marks (collectively "Trademarks"). During the domain name application
process, applicants for a .biz domain name ("Applicants") will be notified of
an Owner's alleged intellectual property rights in a Trademark if the domain
name contained in the domain name application is an exact match of the
Trademark identified in an IP Claim (as defined below) submitted by Owner. You
may review frequently asked questions regarding the Claim Service by reviewing
our FAQs.
- License to Use Data / Privacy. By submitting
an IP Claim, You hereby grant Registrar, as well as any of its agents or
subcontractors and the .biz registry, a limited, royalty-free, non-exclusive
worldwide license to use all of the data contained in the IP Claim solely for
the purposes of implementing the Claim Service, processing Your IP Claim,
notifying Applicants of Your IP Claim, and for notifying You of changes to the
Claim Service, and for archival purposes.
- The IP Claim Process. In order to submit a
claim with respect to a Trademark of Trademarks ("IP Claim") through the Claim
Service, You must complete an IP Claim form for each Trademark. . For each IP
Claim, You must submit complete contact information, representative contact
information and notification details, and the details regarding the Trademark.
You may specify in the representative field that an Agent may receive legal
correspondence regarding the IP Claim. Once You have submitted an IP Claim,
you will receive a confirmation email and a claim number. You must retain the
claim number for each IP Claim You submit. Registrar will accept IP Claims
until July 9, 2001, or such later date as it may determine in its sole
discretion ("Close of Phase I") and no IP Claims will be accepted after that
date. From the Close of Phase I until September 25, 2001 ("Phase 2"), or such
other later date as Registrar may choose, in its sole discretion, the domain
name applications from ICANN-approved registrars ("Applications") will be
compared with the database of IP Claims processed through the Claim Service
("IP Claim Database"). For each exact match between an IP Claim in the IP
Claim Database and a domain name application, the Registry Operator for .Biz
("Registry Operator") will notify the Applicant that a third party or third
parties have submitted an IP Claim for the exact Trademark. The email
notification to the Applicant will include, among other things, the
information provided by Owner in the IP Claim, instructions on how to proceed
with the registration process, and that if selected during the randomized name
selection phase ("Name Selection Phase"), the domain name will be placed on a
temporary thirty (30) day hold when the Registry goes "live." The Applicant
will have the option to proceed with the Application or cancel the
Application. If the Applicant does not respond to the email notification, or
elects to cancel the Application, the Applicant's domain name application will
not be processed during the Name Selection Phase. If the Applicant chooses to
proceed with the registration process and the name is selected during the Name
Selection Phase, that domain name automatically will be placed on a thirty
(30) day "hold period" when the name is registered. After Name Selection, the
Owner will be notified by Registry Operator if an Applicant has successfully
registered the domain name. The Owner will then have the option of contacting
the Applicant and finding a solution or using the guidelines set forth by a
special dispute resolution process called the Start-up Trademark Opposition
Policy ("STOP") (formerly referred to as the Start-up Dispute Resolution
Policy or "SUDRP") (information available at
http://www.neulevel.com/countdown/stop.html), or the Uniform Domain-Name
Dispute Resolution Procedures ("UDRP") (information is available at
http://www.icann.org/udrp/udrp-policy-24oct99.htm). You will not be
notified if there are no Applications that exactly match an IP Claim You
submitted in the IP Claim Database.
USE OF THE SERVICE DOES NOT GUARANTEE THAT AN
OWNER WILL BE AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK. AN OWNER THAT WISHES
TO OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN NAME
APPLICATION. DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS THAT
ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP CLAIM FORM. REGISTRAR
WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP CLAIM FORM CORRESPONDS WITH
AN ACTUAL, LEGAL OR VALID TRADEMARK, NOR WILL REGISTRAR PROVIDE ANY LEGAL
OVERSIGHT OR ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED BY
THE SERVICE.
- Conduct. You agree to be bound by the
applicable provisions of the trc.NET Acceptable Use Policy, incorporated
herein and made part of this Agreement by reference, in connection with your
use of the services described in this Schedule.
- Fees. As consideration for the Claim
Service, Registrar, or its agents or subcontractors may require you to submit
and pay for each IP Claim individually or it may allow you store up a certain
number of IP Claims before submitting them for processing. Once you have
stored that number of IP Claims, you may not be able to store any additional
IP Claims and may need to submit them for processing and pay the applicable
fee before obtaining additional storage space. No refunds are permitted.
- Links. Some links on the Claim Service lead
to sites posted by independent site owners. Because Registrar has no control
over these sites, it cannot be responsible for such sites' accessibility via
the Internet and does not endorse products, services, or information provided
by such sites. As such, Registrar shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with, use or reliance on any content, goods or services available
on or through any other site. Further, the inclusion of these links does not
imply that the other sites have given permission for inclusion of these links,
or that there is any relationship between Registrar and the linked sites.
- Modifications to the Claim Service.
Registrar reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Claim Service (or any part
thereof) with or without notice. You agree that will not be liable to You or
to any third party for any modification, suspension, or discontinuation of the
Claim Services.
- Third Party Beneficiary. Registry Operator
("NeuLevel") is an intended third party beneficiary of these Term and
Conditions with rights to enforce these Terms of Use. You will cooperate in
good faith with NeuLevel or Registrar in investigating instances of
non-compliance with these Terms of Use, if NeuLevel or Registrar believes in
good faith that you are not in compliance with these Terms of Use.
- You agree that Registrar and Registry
Operator are not responsible for checking, verifying or editing message
content or completeness, or for detecting errors or anomalies, or for
recreating or re-transmitting data.
SCHEDULE E - trc.NET SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .INFO TLD.
In addition to the terms set forth in Schedule
A above, the following terms shall apply to .info domain names.
1. Additional Provisions. You acknowledge and agree to the following: (i) you
acknowledge and agree that trc.NET will share with the .info registry certain
information submitted by you in your application(s) for our services, and you
consent to the use, copying, distribution, publication, modification and other
processing of your personal data by the .info registry and its designees and
agents in connection with the .info registry's service obligations to us or
third parties, or as otherwise deemed necessary by the .info registry; (ii) you
agree to submit to proceedings commenced under the Uniform Domain Name Dispute
Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP")
(available at
http://www.afilias.info/faq/sunrise-challenge.html), as these may be
modified from time to time; (iii) you agree to immediately correct and update
the registration information for any domain name registered hereunder during the
registration term for such registered domain name; and (iv) you acknowledge that
the .info registry 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 domain name during these
periods, and (b) the results of any dispute over a "Sunrise Registration."
If at the time of your application for services in the .info TLD, the SDRP has
not yet been approved by ICANN (which may mean the SDRP is not available for
viewing via live hyperlink above), you agree to be bound by the terms of the
SDRP upon such approval and in the final form approved by ICANN, as posted on
our Web site or the ICANN Web site (located at
http://www.icann.org). You agree that, by maintaining the services provided
hereunder after such posting of any of the ICANN approved SDRP, you have agreed
to the terms and conditions of the same. You acknowledge that if you do not
agree to the SDRP, you may terminate this Agreement. We will not refund any fees
paid by you if you terminate your Agreement with us.
2. Registry Actions or Inactions. Our ability to provide services to you depends
in part upon the provision of services by third parties, such as the .info
registry. We cannot control and will not be responsible for the actions or
inactions of such third parties. For example, the .info registry has reserved
the right to refuse or cancel any Sunrise Registration at any time and to
request additional information relating to a Sunrise Registration. You
acknowledge and agree that we shall not be liable to you or any other party in
connection with claims, damages, losses, expenses or costs incurred or suffered
by you as a result of actions taken or not taken by third parties, including,
but not limited to, the .info registry.
3. No Guarantee on Registration. The .info registry, and not trc.NET, determines
the dates and times associated with the various service periods available in the
.info TLD. You agree to review and become familiar with the information
available on our Web site and on the .info Web site concerning the various
periods and descriptions of services available in connection with .info TLD, and
to regularly check for modifications and/or updates to such information, as the
same may change from time to time. You agree that you are solely responsible for
applying and/or registering for the service periods you desire to participate
in. You acknowledge and agree that submission of an application for domain name
registration or any other services (regardless of when submitted), does not
guarantee that you will ultimately be the registrant for a particular domain
name.
4. Disclaimer Concerning Intellectual Property Protection. Your application for
a Sunrise Registration DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY
PROTECTIONS OR REGISTRATIONS.
5. Use of Other Registrars. You agree that we may, but are not obligated to,
submit your registration application and/or information through another ICANN
accredited registrar ("Third Party Registrar") if we believe, in our sole
discretion, that doing so will provide you with a better opportunity for
successfully registering a .info domain name. Should our submission result in
the registration of a .info domain name for you, you acknowledge and agree that
you will also then be a customer of the Third Party Registrar through which your
domain name is registered. If we do submit your registration application and/or
information through a Third Party Registrar, and a .info domain name is
registered to you through that Third Party Registrar, you agree that in addition
to your agreement with trc.NET, you agree to be bound by the following terms and
conditions in the Agreement with respect to the Third Party Registrar for so
long as you are receiving registration services through that Third Party
Registrar:
- Section 1 of the Agreement;
- Sections 3 through 29;
- Schedule A (except Section 1 of Schedule A);
and
- This Schedule.
You agree that trc.NET shall have the right,
but not the obligation, to submit a change of registrar request to the Third
Party Registrar, if any, through which your domain name is registered to
transfer the sponsorship of your domain name to trc.NET at any time after the
expiration of 60 calendar days from the registration of the domain name, and you
hereby authorize and direct trc.NET to effect such a transfer if trc.NET
decides, in its sole discretion, that it wishes to effect such a transfer. You
will not be required to pay any transfer or new service fees to effect the
transfer.
SCHEDULE F - trc.NET SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .NAME TLD.
In addition to the terms set forth in Schedule
A above, the following terms shall apply to .Name domain names.
1. Eligibility Requirements. You represent and warrant that every registration
you are applying for in the .name top-level domain ("TLD") satisfies the
eligibility requirements ("Eligibility Requirements") established by Global Name
Registry Ltd., the registry for the .name TLD, which are available at the
following URL:
http://www.ican.org/tlds/agreements/name/registry-agmt-appl-03jul01.html.
2. Dispute Resolution Policies. You agree that every service for which you
register is subject to the Uniform Domain Name Dispute Resolution Policy (the "UDRP")
and the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), which
are located at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
Without limiting the foregoing, you agree that (i) every Defensive Registration
is subject to challenge pursuant to the ERDRP; (ii) if a Defensive Registration
is successfully challenged pursuant to the ERDRP, the Defensive Registration
Holder will pay the challenge fees; (iii) if a challenge to a Defensive
Registration is successful, the Defensive Registration will be subject to the
procedures described in the ERDRP and the Eligibility Requirements including,
without limitation, the cancellation of the Defensive Registration Holder's
other Defensive Registrations; and (iv) if a Phase I Defensive Registration (as
defined by the .name registry) is successfully challenged on the basis that it
does not meet the applicable eligibility requirements, the Defensive
Registration Holder will thereafter be required to demonstrate, at its expense,
that it meets the eligibility requirements for Phase I Defensive Registrations
for all other Phase I Defensive Registrations that it registered within .name
through any registrar. In the event the Defensive Registration Holder is unable
to demonstrate the foregoing with respect to any such Phase I Defensive
Registration(s), those Defensive Registration(s) will be cancelled.
3. Limitation of Liability. In addition to the other limitations of liability
contained herein, you agree that neither the .name registry nor trc.NET shall
have any 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 Registered Name, a
second-level domain e-mail address registration (an "SLD E-mail Address"), a
Defensive Registration, or a NameWatch Registration using the services provided
by trc.NET or the .name registry; or (ii) any dispute over any Registered Name, SLD E-mail Address, Defensive Registration, or NameWatch Registration, including
any dispute resolution proceeding related to any of the foregoing.
4. Registry Actions or Inactions. Our ability to provide services to you depends
in part upon the provision of services by third parties, such as the .name
registry. We cannot control and will not be responsible for the actions or
inactions of such third parties. You acknowledge and agree that we shall not be
liable to you or any other party in connection with claims, damages, losses,
expenses or costs incurred or suffered by you as a result of actions taken or
not taken by third parties, including, but not limited to, the .name registry.
SCHEDULE G - trc.NET SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .US TLD.
In addition to the terms set forth in Schedule
A above, the following terms shall apply to .US domain names.
1. Nexus Requirements/Certification. You certify that you have and shall
continue to have a lawful bona fide U.S. nexus, as required by the .US top-level
domain ("TLD") administrator, NeuStar, Inc. (".US Registry"), and that you meet
all of the .US nexus requirements (".US Nexus Requirements") set forth below
(and as represented by you in the registration application information provided
by you to trc.NET). You must be (and you certify that you are) either:
- A natural person (i) who is a United States
citizen, (ii) a permanent resident of the United States of America or any of
its possessions or territories, or (iii) whose primary place of domicile is in
the United States of America or any of its possessions [Nexus Category 1]; 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 or
territories [Nexus Category 2]; or
- An entity or organization (including a
federal, state, or local government of the United States, or a political
subdivision thereof) that has a bona fide presence in the United States of
America or any of its possessions or territories [Nexus Category 3]. If you
are claiming Nexus Category 3, you certify that you have a "bona fide presence
in the United States" on the basis of real and substantial lawful contacts
with, or lawful activities in, the United States of America.
2. Name Servers Certification. You certify that
the name servers listed by you in connection with your application for domain
name registration services in the .US TLD are located within the United States.
3. Your obligation to satisfy Nexus Requirement. You acknowledge and agree that
it is your responsibility, through the registration process (and, if applicable,
as required subsequent to your application), to provide the information
necessary to satisfy the .US Nexus Requirements, and that a failure by you to
satisfy the .US Nexus Requirements may result in, among other things, (i) the
domain name application(s) being rejected by trc.NET and/or the .US Registry,
(ii) the domain name(s) being placed on "hold" by trc.NET and/or the .US
Registry, and/or (iii) the domain name(s) being deleted by trc.NET and/or the
.US Registry. Neither trc.NET nor the .US Registry (nor any other entity or
person) shall be liable to you for any actions or inactions of any of them
resulting from your failure to provide all required .US Nexus Requirements
information at the time of registration (or, where applicable, subsequent to
registration), and none of them shall have any obligation to request or attempt
to obtain from you additional information to establish your compliance with the
.US Nexus Requirements, even if the need for such information is known by any of
them.
4. Nexus Dispute Policy. You agree to be bound by the Nexus Dispute Policy ("NDP")
administered by the .US Registry (or a third party designated by the .US
Registry), which policy and its applicable forms are located on the .US
Registry's web site at the URL: www.neustar.com.
You agree to abide by all decisions rendered by the .US Registry (or its third
party designee) in connection with the NDP.
5. Dispute Resolution Policy. You agree that you are bound by the United States
Dispute Resolution Policy set forth on the .US Registry's website at the URL:
www.neustar.com.
6. Registry Actions or Inactions. Our ability to provide services to you depends
in part upon the provision of services by third parties, such as the .US
Registry. We cannot control and will not be responsible for the actions or
inactions of such third parties. You acknowledge and agree that we shall not be
liable to you or any other party in connection with claims, damages, losses,
expenses or costs incurred or suffered by you as a result of actions taken or
not taken by third parties, including, but not limited to, the .US Registry (for
example, the .US Registry reserves the right to deny, delete, transfer or freeze
any domain name registration for a variety of reasons, none of which trc.NET can
control).
7. Accurate Information. Without limiting the other provisions of the Agreement,
your willful or grossly negligent provision of inaccurate or unreliable
information, or your willful or grossly negligent failure promptly to update
information provided to trc.NET shall constitute a material breach of this
Agreement and shall be a basis for cancellation of the domain name(s) applied
for hereunder.
|
|