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.biz Registration Agreement
Registrant
agrees to the terms and conditions of this Registration Agreement.
Biz
Registration Agreement
SCHEDULE A
IP CLAIM SERVICE
TERMS OF USE
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN
#1 Domain Names International- ("REGISTRAR")
AND YOU, THE OWNER OF A REGISTERED OR COMMON LAW TRADEMARK OR SERVICE
MARK ("OWNER") OR THE DULY AUTHORIZED AGENT OF AN OWNER ("AGENT") (COLLECTIVELY,
"YOU"). THESE TERMS OF USE ARE THE COMPLETE AND EXCLUSIVE STATEMENT
OF THE TERMS OF USE REGARDING USE OF THE REGISTRAR’S INTELLECTUAL PROPERTY
CLAIM SERVICE (THE "SERVICE").
BY SELECTING "I AGREE," BY USING THE SERVICE
OR BY SIGNIFYING ACCEPTANCE IN ANY OTHER WAY, YOU AGREE TO BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE
NOT AUTHORIZED TO USE THE SERVICE AND YOU MUST
DISCONTINUE ANY FURTHER USE.
1. The Service.
#1 Domain Names International provides the 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.
2. Registration, Password and Security.
To use the Service, You may be asked to first create an account and obtain
a login name and password. You must provide
#1 Domain Names International with accurate, complete
and current registration information and must update this information promptly
if it changes.
You represent and warrant
that You are at least eighteen (18) years of age or older and are either an
Owner or an Agent duly authorized to represent an Owner(s) in connection with
the Service and submitting an IP Claim on behalf of an Owner(s). Agent will
indemnify and hold harmless
#1 Domain Names International and its officers, directors, employees,
agents, affiliates and subcontractors for any claims brought by Owner or Third
Parties relating to the use of the Service.
You are solely responsible
for maintaining the confidentiality of Your login name and password. You must
immediately notify
#1 Domain Names International of any unauthorized use of Your login name and
You are responsible for any unauthorized activities, charges and/or liabilities
made on or through Your login name until we receive such notification. You
may not transfer or lend login names to any other third party.
3. License to Use Data / Privacy.
By submitting an IP Claim, You hereby grant
#1 Domain Names International , as well as any of its
agents or subcontractors, 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 Service, processing Your IP Claim, notifying Applicants
of Your IP Claim, and for notifying You of changes to the Service, for archival
purposes.
4. The IP Claim Process.
In order to submit a claim
with respect to a Trademark or Trademarks ("IP Claim") through the 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.
#1 Domain Names International 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
#1 Domain Names International 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 Service ("IP Claim Database"). For each exact match
between an IP Claim in the IPClaim 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, Your 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") ("information available at [LINK], 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.
#1 Domain Names International
WILL NOT VERIFY WHETHER A TRADEMARK
CLAIMED ON AN IP CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID TRADEMARK,
NOR WILL
#1 Domain Names International
PROVIDE ANY LEGAL OVERSIGHT OR ADJUDICATION FOR ANY DISPUTED
INTELLECTUAL PROPERTY IMPLICATED BY THE SERVICE.
5. Conduct.
You may access and use the
Service for lawful purposes only and you are solely responsible for the knowledge
and adherence to any and all laws, statutes, rules and regulations pertaining
to Your use of the Service. You agree that You will not (i) use the Service
to commit a criminal offense or to encourage conduct that would constitute
a criminal offense or give rise to a civil liability, or otherwise violate
any local state, Federal or international law or regulation; (ii) upload or
otherwise transmit any content that You do not have a right to transmit under
any law or contractual or fiduciary duty; (iii) interfere or infringe with
any trademark or proprietary rights of any other party; (iv) interfere with
the ability of other users to access or use the Service; (v) claim a relationship
with or to speak for any individual, business, association, institution or
other organization for which You are not authorized to claim such a relationship;
(vi) interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; or (vii) reproduce, duplicate, copy,
use, distribute, sell, resell or otherwise exploit for any commercial purposes
any portion of the Service.
6. Fees. As consideration
for the Service, You agree to pay
#1 Domain Names International , or its agents or subcontractors,
as the case may be, an IP Claim fee for each IP Claim submitted through the
Service by credit card through its online payment system. Such fee shall be
due immediately and is non-refundable.
#1 Domain Names International, or its agents or subcontractors,
may take all remedies to collect fees owed.
#1 Domain Names International, 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.
If a charge
back by a credit card company (or similar action by another payment provider
allowed by #1 Domain Names International) is to occur in connection
with the registration fee for your domain name request, you acknowledge
and agree that the domain registration shall be transferred to #1 Domain
Names International as the paying entity for that registration to
the registry. We will reinstate your domain registration only at our discretion
and you (the registrant) are liable for the initial reinstatement fee, which at
the present time is set at US$100.00.
7. Agents. You agree
that, if Your agent (e.g., an attorney, employee, etc.) submits an IP Claim
on Your behalf, You are nonetheless bound as a principal by all Terms of Use
herein. Your continued use of the Services shall ratify any unauthorized actions
of Your agent. By acting on Your behalf, Your agent certifies that he or she
is authorized to use the Service on Your behalf, that he or she is authorized
to bind You to these Terms of Use and that he or she has apprised You of these
Terms of Use of this Agreement. In addition, You are responsible for any errors
made by Your agent.
#1 Domain Names International will not refund fees paid by You or Your agent
on Your behalf for any reason, including, but not limited to, in the event
that Your agent fails to comply with these Terms of Use, Your agent incorrectly
provides information in the IP Claim process or if Your agent changes or otherwise
modifies Your IP Claim incorrectly.
8. Copyright.
You acknowledge that the Service, any underlying technology used in connection
with the Service, and all software, material, information, communications,
text, graphics, links, electronic art, animations, audio, video, photos, and
other data (collectively, the "Content") available within the Service are
provided by
#1 Domain Names International or third-party providers and are the copyrighted works
of
#1 Domain Names International and/or such third parties. Except as expressly authorized
by
#1 Domain Names International or such third parties in these Terms of Use or as may be posted
on the Service, You may not copy, reproduce, publish, distribute, modify,
create derivative works of, rent, lease, sell, transfer, display, transmit,
compile or collect in a database, or in any manner commercially exploit any
part of the Content or the Service, in whole or in part. You may not store
any significant portion of any Content or the Service owned by, or licensed
to
#1 Domain Names International in any form, whether archival files, computer-readable files,
or any other medium. You also may not "mirror" any Content or the Service
on any other server.
#1 Domain Names International encourages you to download and
print a reasonable number of copies of an IP Claim for noncommercial, internal
use only; provided that (i) any permitted copies contain, in unmodified form,
any copyright or other proprietary rights notices and an original source attribution
to the Service; and (ii) no modifications are made except as may be expressly
provided by
#1 Domain Names International.
9. Links. Some links
on the Service lead to sites posted by independent site owners. Because
#1 Domain Names International
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,
#1 Domain Names International 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
#1 Domain Names International and the linked sites.
10. Disclaimer of Warranty, Limitation
of Liability. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE
IS AT YOUR OWN RISK. NEITHER
#1 Domain Names International NOR TIS PARENTS, SUBSIDIARIES, SHAREHOLDERS,
MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE.
THE SERVICE IS PROVIDED ON
AN "AS IS, "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
IN NO EVENT WILL
#1 Domain Names International
NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT YOUR USE OF OR
INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS
OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT
RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS,
INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR SERVICES. YOU
AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT A REASONABLE ALLOCATION
OF RISK.
IN NO EVENT, SHALL
#1 Domain Names International BE
LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE AMOUNT OF FEES PAID BY YOU FOR
THE APPLICABLE IP CLAIM.
11. Indemnification.
You agree to indemnify and hold harmless
#1 Domain Names International and its parents,
subsidiaries, shareholders, members, officers, directors, employees,
affiliates, agents and subcontractors from any claim or demand, including
reasonable attorney’s fees made by any third party due to or arising out
of Your use of the Service, your breach of these Terms of Use, any Content
submitted to the Service, or any disputes involving the intellectual
property rights of the Trademarks. This indemnification survives the
termination or expiration of the Registrant Agreement.
12. Modifications to the Service.
#1 Domain Names International reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the 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 Services.
13. Termination.
You may discontinue Your participation in and access to the Service at any
time. These Terms of Use will continue to apply to all past use of the Service
by You, even if You are no longer using the Service. You acknowledge and agree
that
#1 Domain Names International may terminate or block Your use of all or part of the Service
without prior notice for any reason, including, without limitation, if
#1 Domain Names International
believes You have engaged in conduct prohibited by these Terms of Use. You
agree that upon termination or discontinuance for any reason, may delete all
information related to You on the Service and may bar Your access to and use
of the Service.
14. Governing Law.
These Terms of Use shall be governed by and construed in accordance with the
laws of the #1 Domain Names International, without regard to its principles
of conflicts of law.
15. Changes to the Terms of Use.
#1 Domain Names International reserves the right to modify the Terms of Use at any time and from
time to time. Any modifications shall be effective upon the posting of the
modified Terms of Use at
http://www.1dni.com/legal/biz-registration-agreement.htm.
You agree to review these Terms of Use periodically so that You are aware
of any modifications. Your continued use of the Service shall be deemed Your
acceptance of the modified Terms of Use.
16. Severability. In
the event that any provision of these Terms of Use shall be unenforceable
or invalid under any applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this Agreement unenforceable
or invalid as a whole, and, in such event, such provision shall be changed
and interpreted so as to best accomplish the objectives of such provision
within the limits of applicable law or applicable court decision.
17. 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
#1 Domain Names International in investigating instances of non-compliance
with these Terms of Use, if NeuLevel or
#1 Domain Names International believes in good faith that
you are not in compliance with these Terms of Use.
18. Subcontractors. In
the course of providing the IP Claim Service,
#1 Domain Names International may retain independent
contractors or assign or subcontract to or otherwise have any third party
perform any or all of the IP Claim Service at any time, provided that
#1 Domain Names International
shall continue to remain responsible for full performance of any such duties
to the same extent as if it had performed the IP Claim Service itself.
19. Entire Agreement.
These Terms of Use completely and exclusively state the agreement of the parties
regarding the subject matter, and supersede all prior agreements and understandings,
whether written or oral, with respect to the subject matter of these Terms
of Use.
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