Yawadoo.US Terms and Conditions Agreement

This Services Agreement ("Agreement") is made and effective from the time you first use the Services by and between you ("Customer", "You", or "Your") and governs your purchase and use, in any manner, of all services provided by Yawadoo.US and any of its affiliates (the "Services").

You must accept the terms of this Agreement in order to use the Services

NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.

Yawadoo.US reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendums and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Yawadoo.US Web site (the "Site"). Your continued use of Services following Yawadoo.US's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:

1. Yawadoo.US's Services

Yawadoo.US agrees to provide to Customer Registration services for various, supported domain names.

2. Payments

2.1. Credit Cards
Customer shall pay in advance for our service according to our current published rates and as may be amended during the term of this agreement.

2.2. Checks
Customer may submit a check for purchases where this is an option. Registration is always held until payment is received. Upon receiving payment, registration will be submitted. However customer must be aware that someone may have registered their desired domain before the customer's payment is processed.

2.3. Wire Transfers
Customer may submit a wire transfer for purchases where this is an option. Registration is always held until receiving bank notifies Yawadoo.US of receipt of wire. Wire transfers must include a $15.00 wire transfer fee on top of any services ordered. Upon receiving notification, registration will be submitted. However customer must be aware that someone may have registered their desired domain before the customer's payment is processed.

2.4. Returned Checks or Chargebacks on Credit Cards
Yawadoo.US may disable and/or remove a Customer's domain and any associated services at anytime for a returned check, or chargeback.

2.5 Currency
All prices are in US Dollars. Any credits or refunds are paid in US Dollars regardless of exchange rate fluctuations.

3. Cancellations and Refunds

3.1 Refunds of Registered Domains
Once a domain name is registered Yawadoo.US cannot refund the registration fee even if the customer request the domain to be cancelled. A Registration is defined as valid the moment a domain is accepted by the Registry responsible for the TLD regardless of any subsequent action taken by the Registry or any third party.

Customer agrees that all sales including registrations are final and that no refunds will be given. Furthermore, Customer agrees that no refunds will be granted for loss of domain for reasons that include but are not limited to a) fraudulent registration, b) registration in bad faith, c) loss of a domain dispute via the Uniform Domain Name Dispute Resolution Policy, or c) reversal decision by the Registry, d) cancellations by Yawadoo.US due to Customer spamming, or other violations of this agreement by Customer.

3.2 Yawadoo.US Registrar Domains
In the case of domains in which Yawadoo.US is the Registrar and a customer has made a mistake in the spelling or other error. Yawadoo.US may at its sole discretion re-register a correct domain for a nominal fee determined per incident usually at $10.00.

3.3 Non Registerable or Rejected Domains
In the event a domain name is not registerable, Yawadoo.US will credit the credit card or send a refund if paid by check.

3.4 Policies .BIZ and .INFO Submissions (Not to be confused with Pre-Registrations or Registrations)
.INFO and .BIZ Submissions: Ordering submissions for a domain is NOT the same as registering a domain. You are requesting Yawadoo.US to enter into its database, manage, and submit to the Registry, the number of submissions you have requested. You acknowledge that Yawadoo.US does not, nor cannot guarantee that you will receive any of the domains you have ordered submissions for.

3.5 Refund Policy for Domain Package Orders
Definition of a Domain Package Order: A purchase of a bulk number of domains registrations prior to registration at a discounted price.
Yawadoo.US will not refund any unused amount of a domain package order except for the following exceptions: a) the discontinuation of the products, which the package included, b) the sole discretion of Yawadoo.US

4.Domain Modifications

Customer understands the they are responsible for all modifications to the domain names they register.

5. Domain (Registrar) Transfers

5.1 Ownership: Customer agrees that it has verified Customer's ownership of any domain it requests to be transferred from another registrar to Alldomains as the registrar. Customer understands that transferring of a domain not owned by the Customer may result in Alldomains performing customer service functions and often paying the Losing Registrar to transfer the domain back on behalf of the rightful owner. Thus Customer agrees to pay a Transfer Reversal fee of $120.00 for any domain transferred that Customer requested but is not the valid owner of.

5.2 Responsibilities: Customer understands that Yawadoo.US is only responsible for the submission of the Registrar Transfer Request to the Registry and the adding of the domain name to Yawadoo.US's Registrar Database upon a successful transfer. Yawadoo.US is not responsible for any action required by the loosing Registrar or by the customer to either facilitate the transfer or expedite it. Transfers may take from one day to several days depending on the processes of the loosing Registrar. Many Registrars require the domain holder to acknowledge in some way their intent to switch Registrars. Due to the time constraints it is NOT recommended that a customer request a transfer too close to an upcoming expiration for a particular domain.

6. Renewals

6.1 Renewal Pricing
Renewal pricing is based on the price group used for registering a particular domain. A domain may be renewed for any term supported by the particular domain. For .com, .net, or .org, the available terms are 1 through 10 years.

6.2 Renewal Process and Auto-renewals (D-Safe™)
Yawadoo.US has created D-Safe(tm) a service designed to safeguard your valuable domain names by auto-renewing them upon expiration. Too often domain holders do not receive their renewal notices due to email and/or physical address changes only to find their domains registered by another party after they expire. D-Safe will ensure that your domain names remain your property by auto-renewing them for one additional year. D-Safe only works for those customers that paid by credit card. Customer agrees that if you paid by credit card for any domain name in your account that Yawadoo.US is authorized, but not required, to automatically charge your credit card and renew the applicable domains or services in your account on or before their respective renewal dates using the credit card information you have provided us, unless you have turned off D-Safe via your domain management interface. If you paid by check, wire or turned off D-Safe, you must renew manually following the steps above. If you do not wish to have your domains protected by D-Safe you may disable it for any domain simply by logging into our Domain Manager at: http://manage.Yawadoo.US. Click the domain you wish to disable D-Safe for, scroll to the bottom, and uncheck the box. If you do not disable D-Safe, you agree to allow Yawadoo.US to auto-charge your credit card on file in order to renew your domain for the minimum term of one year based on the registration price at the time of registration.

7. Expirations

7.1. Expired Domain Process Prior to the expiration date an email reminder will be sent to both the Registered User for which a domain name is associated and the billing contact listed with a domain.
Failure by or on behalf of the domain name holder to pay a renewal fee within the time specified in the notice shall result in cancellation of the registration.
Customer is solely responsible for ensuring that services including domain names are renewed. Yawadoo.US shall have no liability to either Customer or to any third party in connection with the renewal of domain names or services.

8. Responsibilities of Yawadoo.US

8.1. Yawadoo.US shall provide Customer with the Service as set forth on the Yawadoo.US website and shall perform its services to the best of Yawadoo.US's ability.

8.2. Yawadoo.US reserves the right to refuse service to anyone at any time. However, if Yawadoo.US should initiate termination of services with you, Yawadoo.US will provide reasonable notice to you in order to allow you to initiate services elsewhere.

8.3. Yawadoo.US reserves the right and has absolute discretion to restrict or remove from its Service any domain or content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, Yawadoo.US may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of domain names or content hosted on Yawadoo.US's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Yawadoo.US which, in Yawadoo.US's sole discretion, may violate or infringe any law or third party rights or which otherwise exposes or potentially exposes Yawadoo.US to civil or criminal liability or public ridicule. It is Yawadoo.US's policy to terminate repeat infringers. Yawadoo.US's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If Yawadoo.US takes corrective action due to such possible violation, Yawadoo.US shall not be obligated to refund to you any fees paid in advance of such corrective action.

9. Responsibilities of the Customer

Customer shall be solely responsible for all domains registered on or through the Yawadoo.US service, and shall at all times be subject to the terms of this Agreement

9.1. Customer agrees not to use the Registration service in any manner that is illegal or libelous. Although Yawadoo.US does not actively police registrations, we do not support or condone the registering of trademarks, or intellectual property not belonging to the customer.

9.2. Customer warrants that the domain registered with the Registration Services will not infringe or contain any content that infringes on or violates any copyright, U.S. Patent any third-party right, or violates any applicable law, rule or regulation. Yawadoo.US reserves the right to block any domain that violates any of the above-stated terms, or which in Yawadoo.US's sole discretion, Yawadoo.US deems objectionable or offensive, or otherwise violates a law or Yawadoo.US's policy.

9.3. Third-party software available though Yawadoo.US may be governed by separate end user licenses. You agree to be bound by the terms of such end user licenses regarding the applicable third-party software.

9.4. Customer agrees to abstain from using Yawadoo.US's services or website for the transmission of unsolicited mass commercial email (spam), violating the security of either Yawadoo.US, or other organization systems and computers.

9.5. Customer agrees to provide accurate information for domain names including the name and postal address of the domain name holder; the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.

10. Warranty; Warranty Disclaimer

10.1. Customer and/or Third Party Acts
Yawadoo.US is not responsible in any manner for any nonconforming Services to the extent caused by you or your customers. In addition, Yawadoo.US is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Yawadoo.US's reasonable control.

10.2. No Express or Implied Warranty
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY Yawadoo.US UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT Yawadoo.US EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH Yawadoo.US'S COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. Yawadoo.US DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Yawadoo.US DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.

10.3 Your Warranties and Representations to Yawadoo.US
You warrant, represent, and covenant to Yawadoo.US that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance and (h) you have verified and represent that any domain services you order do not violate the intellectual property or ownership rights of any other individual or entity.

11. Limitation and Exclusion of Liability

11.1. Limitations
IN NO EVENT SHALL Yawadoo.US HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Yawadoo.US, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. Yawadoo.US SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Yawadoo.US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF Yawadoo.US TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO Yawadoo.US BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Yawadoo.US UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Yawadoo.US FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 8.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

11.2. Interruption of Service
You hereby acknowledge and agree that Yawadoo.US will not be liable for any temporary delay, outages or interruptions of the Services. Further, Yawadoo.US shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure)

12. Indemnification
You will defend, indemnify and hold harmless each Yawadoo.US, Verisign Inc., Afilias, and Neulevel and their respective officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnitee") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your improper or illegal use of the Services; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by Yawadoo.US; (iii) any claim relating to your services or products, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or non-proprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity); (iv) the SLD holder's domain name registration,

13 Term and Termination

13.1. This agreement is effective when you first use Yawadoo.US's Services and shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you sign up for the Services.

13.2. If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Yawadoo.US will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of Yawadoo.US's standard charge for each period remaining in the term, unless otherwise expressly provided in this Agreement. Not withstanding the foregoing, Yawadoo.US may terminate the Agreement immediately if any of the terms of this Agreement are no met.

14. Government of this Agreement

You agree that this service is governed by the Laws of the State of California. You agree that the City of Pleasant Hill California and the County of Contra Costa in which Yawadoo.US is located shall be the location for any legal action relating to our services.

Yawadoo.US can change this agreement at any time upon giving reasonable notice to you in either written or electronic format. You may not amend or change this agreement unless Yawadoo.US agrees to it in writing.

15. Pre-Registration of Domains

15.1 Description
Since domain name are issued on a first-come, first-served basis, pre-registration allows customers to add their desired multilingual domains to our pre-registration database so that once the Registry for the particular domain opens for registrations, the Customer's domains can be submitted to the Registry is rapid succession without the Customer's involvement.

15.2 Payment
The only payment method accepted for pre-registration is credit card. Credit cards accepted are Visa, Mastercard, American Express, and Discover. All orders are authorized at the time of pre-registration. Authorization only verifies available funds. This is to ensure the intent to pay should the customer receive their pre-registered domains and that funds are available to pay for said successful domains.

15.3 Refunds
Please refer to Section 3 Cancellations and Refunds. Refunds are *not* necessary for failed pre-registrations. Instead the amount authorized for the total of failed domains for a particular order is voided.

16 Uniform Domain Name Dispute Resolution Policy
You agree to be bound by the following Terms and Conditions set forth in the Uniform Domain Name Dispute Resolution Policy as approved by ICANN.

17 Addendum for .INFO Registrations
You agree to be bound by the following Terms and Conditions set forth in the .INFO Addendum as approved by Afilias the .INFO Registry.

18 Addendum for .BIZ Registrations
You agree to be bound by the following Terms and Conditions set forth in the .BIZ Addendum as approved by Neulevel the .BIZ Registry.

19 Addendum for .NAME Registrations
You agree to be bound by the following Terms and Conditions set forth in the .NAME Addendum as approved by Global Name the .NAME Registry.

20 Addendum for .BIZ Group 2B Submissions and Registrations
You agree to be bound by the following Terms and Conditions set forth in the .BIZ Group 2B Indemnification Addendum

21 Entire Agreement
This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties and may not be modified or altered orally but only by an agreement in writing signed by both parties.

END OF USER AGREEMENT


Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)

1. Purpose
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. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and the selected administrative-dispute-resolution service provider's supplemental rules.

2. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

3. Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;

b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or

c. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. Mandatory Administrative Proceeding

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").

a. Applicable Disputes
You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

b. Evidence of Registration and Use in Bad Faith
For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint
When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

d. Selection of Provider
The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).

e. Initiation of Proceeding and Process and Appointment of Administrative Panel
The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").

f. Consolidation
In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.

g. Fees
All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.

h. Our Involvement in Administrative Proceedings
We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.

i. Remedies
The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.

j. Notification and Publication
The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.

k. Availability of Court Proceedings
The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. All Other Disputes and Litigation
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. Our Involvement in Disputes
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. Maintaining the Status Quo
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. Transfers During a Dispute

a. Transfers of a Domain Name to a New Holder
You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

b. Changing Registrars
You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you t the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

.INFO Addendum

Definitions
Registry Operator: Afilias, the .INFO Registry
Registered Name Holder: Means the holder of a Registered Name.

Registered Name Holder understands and agrees to:

(i) consent to use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 entitled "Handling of Personal Data" which states that Registry Operator shall notify Registrar of the purposes for which Personal Data submitted to Registry Operator by Registrar is collected, the intended recipients (or categories of recipients) of such Personal Data, and the mechanism for access to and correction of such Personal Data. Registry Operator shall take reasonable steps to protect Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction. Registry Operator shall no use or authorize the use of Personal Data in a way that is incompatible with the notice provided to registrars.;

(ii) submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");

(iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and

(iv) acknowledge that 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.

.BIZ Addendum

Restrictions
Registrations in the .biz TLD will be subject to the following restrictions:

  1. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes; and
  2. Registrations in the .biz TLD must comply with the Uniform Dispute Resolution Policy ('UDRP'), as adopted and as may be amended by the Internet Corporation of Assigned Names and Numbers. For proceedings initiated before the Commencement-of-Service Date, a modified version of the UDRP, known as the Start-Up Trademark Opposition Policy ('STOP') will apply.

For purposes of the .biz Registration Restrictions ('Restrictions'), Ïbona fide business or commercial useÓ 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:

  1. To exchange goods, services, or property of any kind;
  2. In the ordinary course of trade or business; or
  3. 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. For illustration purposes, the following shall not constitute a 'bona fide business or commercial use' of a domain name:

  1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or
  2. Using or intending to use the domain name exclusively for the expression of noncommercial ideas (i.e., registering abcsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose).


Violations
It will be a violation of the Restrictions for an Applicant to:

  1. register and use a domain name contrary to the UDRP; or
  2. use the registered domain name in a manner inconsistent with the definition of Ïbusiness or commercial useÓ contained herein.

Violations of the Restrictions may be grounds for cancellation of a registered .biz domain name, pursuant to the enforcement mechanism discussed below.

Enforcement
A violation of the Restrictions will be enforced on a case-by-case, fact specific basis under the processes set forth below:

  1. Any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced under the provisions of the Restrictions Dispute Resolution Process ('RDRP').
  2. Any alleged violation of the RDRP, UDRP, and STOP must be brought by interested third parties in accordance with the policies and procedures set forth. 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 these processes.

    Registration Requirements
    Before the Registry Operator will accept applications for registration, all domain name applicants in the .biz TLD ('Applicants') must:

    1. Enter into an electronic or paper registration agreement with an ICANN-Accredited Registrar ('Registrar'), in accordance with the ICANN Registrar Accreditation Agreement ('Accreditation Agreement'). Such electronic or paper registration agreement shall include the following certifications:
      1. The data provided in the domain name registration application is true, correct, up to date and complete; and
      2. The registrant will keep the information provided above up to date.

       

    2. As part of a domain name registration application, the Applicant must certify that to the best of its knowledge:
      1. The registered domain name will be used in a manner consistent with the Restrictions above;
      2. The domain name registrant has the authority to enter into the registration agreement; and
      3. The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

    Failure to comply with the above will result in failure of the Registry Operator to process an ApplicantÌs domain name application.

    Reservation
    Registry Operator 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 Registry Operator, as well as its affiliates, subsidiaries, officers, directors and employees. Registry Operator also reserves the right to freeze a domain name during resolution of a dispute.

    .BIZ Group 2B Indemnification Addendum

    By submitting I agree to indemnify, defend and hold harmless Yawadoo.US, and Hostcentric and their officers, directors, shareholders, employees, consultants, and agents (the indemnitees)

    .NAME Addendum

    .Name RESTRICTIONS
    Registrations in the .name TLD must constitute an individual's "Personal Name". For purposes of the .name restrictions (the "Restrictions"), a "Personal Name" is a person's legal name, or a name by which the person is commonly known. A "name by which a person is commonly known" includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

    .Name CERTIFICATIONS
    As a .name domain name Registrant, you hereby certify that:
    (a) You have the authority to enter into this Agreement; and
    (b) The registered domain name or second level domain ("SLD") email address is your Personal Name.

    PROVISION OF REGISTRATION DATA
    (a) As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information provided at the time of registration, including: your full name and postal address, email address, voice telephone number, and fax number, if available. The provision of this data will be instrumental in the provision of the NameWatch service by Registry Operator, as NameWatch reports and requests for updates on registration information will be sent to you by email. You understand that the foregoing registration data may be transferred from one registrar to another or outside of the European Community, such as to the United States, and you expressly consent to such transfer and/or export.

    (b) You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the Registry Operator's agreement with the Internet Corporation for Assigned Names and Numbers ("ICANN") or an ICANN Policy. Registry Operator may share your personal data with third parties that act as subcontractors to it for the purposes of this Agreement, and you agree that your personal data may be shared with Registry Operator's subcontractors. You also agree that from time to time, Registry Operator may share some of your personal data, such as your address and postcode, with third parties who are conducting on behalf of Registry Operator, market analysis.

    DOMAIN NAME DISPUTE POLICY
    If you have subscribed for the NameWatch service, to the extent that you dispute any Domain Name or .name Email that is registered with Registry Operator, 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:

    (a) the Eligibility Requirements (the "Eligibility Requirements"), available at
    http://www.name/corporate/page/72/124/index.html;

    (b) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at
    http://www.name/corporate/downloads/erdrp.pdf; and

    (c) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at
    http://www.icann.org/udrp/udrp-policy-24oct99.htm.

    The UDRP applies to complaints by trademark or service mark owners concerning the registration and use of an Internet domain name registered by a Registrant.

    DOMAIN NAME DISPUTE POLICY MODIFICATIONS
    You agree that Registry Operator may modify the dispute policy from time to time. Registry Operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your Domain Name or .name Email 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 you challenge a Domain Name or .name Email registered by a third party, you will be subject to the provisions specified in the dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold Yawadoo.US harmless pursuant to the terms and conditions set forth below in this Agreement.

    EMAIL FORWARDING
    (a) The service for which you have registered may, at your option, include Email Forwarding. To the extent you opt to use Email Forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.

    (b) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use Email Forwarding:

    (i) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;

    (ii) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;

    (iii) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or

    (iv) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.

    (c) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's Email Forwarding. However, due to the nature of such systems, which actively block messages,Registry Operator shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or Yawadoo.US to give feedback on the decision.

    (d) You understand and agree that Registry Operator may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of Email Forwarding. You further understand and agree that Registry Operator is at liberty to block your access to Email Forwarding if you use Email Forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the Email Forwarding unless it would damage the reputation of Registry Operator or jeopardize the security of Registry Operator or others to do so. Registry Operator reserves the right to immediately discontinue Email Forwarding without notice if the technical stability of Email Forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.

    (e) You understand and agree that to the extent Registry Operator is required by law to disclose certain information or material in connection with your Email Forwarding, Registry Operator will do so in accordance with such requirement and without notice to you.

    RESERVATION OF RIGHTS
    Yawadoo.US and Registry Operator expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the Registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Yawadoo.US and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees. Yawadoo.US and Registry Operator also reserve the right to freeze a domain name during a resolution of a dispute.

    LIMITATION OF LIABILITY
    You agree that Registry Operator will have no liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a .name domain name or SLD email address registration using these processes; or (ii) any dispute over any .name domain name, SLD email address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

    INDEMNIFICATION
    You agree to indemnify, defend and hold harmless Registry Operator, and its directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your registration and your breach of this Agreement. This indemnification obligation will survive the termination or expiration of this Agreement.

    COMPLIANCE WITH TERMS AND CONDITIONS
    Registrar shall comply with the following:

    (a) ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or under any other arrangement with ICANN; and

    (b) operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner and applicable to all registrars, including affiliates of Registry Operator, and consistent with ICANN's standards, policies, procedures, and practices and Registry Operator's Registry Agreement with ICANN. Among Registry Operator's operational standards, policies, procedures, and practices are those set forth in Exhibit E of the Registry-Registrar Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm. Additional or revised Registry Operator operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty (30) days notice by Registry Operator to Registrar.

    .NAME TERMS AND CONDITIONS FOR DEFENSIVE REGISTRATIONS

    DEFENSIVE REGISTRATIONS
    Defensive Registrations allow owners of trademarks to exclusively pre-register on the .name space and create a protective barrier for their trademarks. A "Defensive Registration" is a registration granted to a registrant which aims to prevent a third party from registering either (i) any variation of a trademark (a Premium Defensive Registration), or (ii) an exact match of a trademark (a Standard Defensive Registration), which registration will not resolve within the domain name system.

    PHASES OF DEFENSIVE REGISTRATIONS
    (a) As a Defensive Registration Registrant ("Defensive Registrant"), you hereby certify that for Phase I Defensive Registrations ("Phase I Defensive Registrants"), you own valid and enforceable trademark or service mark registrations having national effect that issued prior to April 16, 2001 for strings that are identical to the textual or word elements, using ASCII characters only, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. You understand that trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration.
    (b) Phase II Defensive Registrants may apply for a Defensive Registration for any string or combination of strings.
    (c) You hereby certify that you have read, understood and will comply with the Eligibility Requirements, available in further detail at http://www.name/corporate/page/72/124/index.html;

    PROVISION OF REGISTRATION DATA
    (a) As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to the Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for the Defensive Registration. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export. Registry Operator may share such personal data with third parties that act as subcontractors to it for the purpose of this Agreement, and you agree that your personal data may be shared with the Registry Operator's subcontractors. You also agree that from time to time Registry Operator may share some of your personal data, such as your address and postcode, with third parties who are conducting, on behalf of Registry Operator, market analysis.
    (b) In addition to the information provided in subsection (a) above, Phase I Defensive Registrants must also provide (1) the name, in ASCII characters, of the trademark or service mark being registered; (2) the date the registration issued; (3) the country of registration; and (4) the registration number or other comparable identifier used by the registration authority
    (c) You hereby represent and warrant the data provided in the registration application is true, correct, up-to-date and complete and that you will continue to keep all of the information provided up-to-date. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond for over five (5) calendar days to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the publicly available Whois directory with respect to a Defensive Registration(s) concerning the accuracy of contact details associated with any such Defensive Registration(s) registered by or through you or your account shall constitute a breach of this Agreement.

    DOMAIN NAME DISPUTE POLICY
    (a) If you registered a Defensive Registration, you agree that: (i) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy ("ERDRP") at http://www.name/corporate/downloads/erdrp.pdf, which is incorporated herein and made an integral part hereof; (ii) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and (iii) if a challenge is successful, then the Defensive Registration will be subject to the procedures of the ERDRP.
    (b) You further agree that if a Phase I Defensive Registration is successfully challenged on the basis that it did not meet the applicable Eligibility Requirements, the Defensive Registrant 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 that the Defensive Registrant is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled.

    DEFENSIVE REGISTRATION DISPUTE POLICY MODIFICATIONS
    You agree that Registry Operator may modify the dispute policy. Registry Operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the Defensive Registration 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.

    DEFENSIVE REGISTRATIONS DISPUTES
    You agree that, if your Defensive Registration is challenged by a third party, you will be subject to the provisions specified in our Defensive Registration dispute policy in effect at the time of the dispute. You agree that in the event a Defensive Registration dispute arises with any third party, you will indemnify and hold Yawadoo.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 Defensive Registration, you agree not to make any changes to your Defensive Registration record without our prior approval. We may not allow you to make changes to such Defensive Registration 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 Defensive Registration and use of our domain name registration services that the dispute has been settled.

    CONSENT
    Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you will have 10 days to respond to a request for consent.

    RESERVATION OF RIGHTS
    Yawadoo.US and Registry Operator, expressly reserve the right to deny, cancel or transfer any Defensive 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 Yawadoo.US and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees. Yawadoo.US and Registry Operator also reserve the right to freeze a Defensive Registration during a resolution of a dispute.

    LIMITATION OF LIABILITY
    You agree that Registry Operator will have no liability of any kind for any loss or liability resulting from (i) the processing of Defensive Registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Defensive Registration using these processes; or (ii) any dispute over any .name domain name, .name email address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

    INDEMNIFICATION
    You agree to indemnify, defend and hold harmless Registry Operator, and its directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your registration and your breach of this Agreement. This indemnification obligation will survive the termination or expiration of this Agreement.

    COMPLIANCE WITH TERMS AND CONDITIONS
    Registrar shall comply with the following:
    (a) Internet Corporation for Assigned Names and Numbers ("ICANN") standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or under any other arrangement with ICANN; and
    (b) operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner and applicable to all Registrars, including affiliates of Registry Operator, and consistent with ICANN's standards, policies, procedures, and practices and Registry Operator's Registry Agreement with ICANN. Among Registry Operator's operational standards, policies, procedures, and practices are those set forth in Exhibit E of the Registry-Registrar Agreement, available at
    http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm. Additional or revised Registry Operator operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty (30) days notice by Registry Operator to Registrar.

 

.UK TERMS AND CONDITIONS FOR DEFENSIVE REGISTRATIONS
Nominet is the Registry for all internet Domain Names ending in .uk. You can find out more information about Nominet from their web site at http://www.nominet.org.uk. In these terms and conditions, the term "Agent" refers to Yawadoo.US.
  1. What we will do

    1.1.

    We will process your application to register a Domain Name and consider whether or not to accept it in accordance with the criteria laid down in the Rules;

    1.2.

    If your application is accepted, we will inform you or your Agent. If your application is rejected, we will inform you or your Agent as soon as reasonably practicable and return to you or your Agent (as appropriate) any payments received;

    1.3.

    Unless the current Rules of the relevant sub-domain state to the contrary, we will register Domain Names on a first come, first served basis. Until we accept your application, there is no guarantee that the Domain Name you applied for will be entered in the Register as such. We therefore recommend that you do not take any action in respect of a Domain Name until you have received confirmation from us that your application has been accepted.

    1.4.

    After your application has been accepted, we will enter the Domain Name and other relevant details (namely the data described in clause 6 below, together with details of your Agent, if any) in the Domain Name register database for the requested second level of the .uk top level domain (the "Register").

    1.5.

    We will use the information in the Register entry for the Domain Name to enable the resolution of requests for the Domain Name, by pointing to the authoritative name servers listed in the Register Entry for the Domain Name. For further information about the technical requirements for registering a Domain Name, please contact your Agent.

    1.6.

    After your application has been accepted and we have received your registration fee, we will issue you with a registration certificate and a reply form.

    1.7.

    Subject to clause 8 below, we will transfer your Domain Name and update the Register accordingly on receipt of correctly completed transfer documentation from you and any relevant transfer fee applicable at the time of transfer. We will not transfer a Domain Name whilst it is the subject of legal proceedings or proceedings under our Dispute Resolution Service.

    1.8.

    Please note that subject to clauses 8.5 and 8.6 we will not refund any fees after your Domain Name and details have been entered in the Register.

    1.9.

    Subject to clauses 8.7 and 8.8 below, we will only make changes to the details contained on the Register (other than the registrant field), if we receive instructions and approval from you or your Agent.

    1.10.

    Subject to clauses 8.7 and 8.8, we shall only alter the details contained in the "registrant" field of the Register if we receive authorisation directly from you.


     
  2. What you must do

    2.1.

    You must ensure that we receive the registration or renewal fee within one month after the issue of our invoice. For the avoidance of doubt, if you use an Agent it will be your responsibility to ensure that the Agent has paid the registration or renewal fee to us within one month of the issue of our invoice.

    2.2.

    You must sign and return to us the reply form which we will send to you after registration or renewal as appropriate.

    2.3.

    You must inform us promptly of any change in your registered details, and those of your Agent if applicable. It will be your responsibility to maintain and update any details you submit to us and to ensure that your details are up to date, and accurate. In particular, it is your responsibility directly or by your Agent to ensure that we have your full and correct postal address.

    2.4.

    You must promptly inform us of any court proceedings brought in respect of the Domain Name.

    2.5.

    Any name server listed in the Register entry for the Domain Name must respond authoritatively to requests for the Domain Name at all reasonable times.


     
  3. Renewal of your Domain Name Registration

    3.1.

    The registration period is two years from the date of entry into the Register of your Domain Name registration. Provided you pay us your renewal fee and subject to clause 8 below, you will have the right to renew the Domain Name registration by entering into a new Contract with us for further periods of two years.

    3.2.

    Subject to clause 3.3 below, when the Domain Name registration falls due for renewal, we will contact your Agent (at the Agent's address appearing in the Register) to request payment of the relevant renewal fee.

    3.3.

    If no Agent is listed on the Register entry for the Domain Name, or if the Register entry for the Domain Name indicates that you wish to be invoiced direct, we will request payment of the relevant renewal fee direct from you at the registrant address appearing in the Register.

    3.4.

    If we fail to receive the renewal fee within thirty (30) days of our making a request for the renewal fee, we will suspend your registration for at least 6 weeks and if we do not receive payment within the suspension period we will cancel your registration without further notice to you. During any period of suspension, we will not point to any name servers listed in the Register entry for the Domain Name, and you will be unable to use or transfer the Domain Name.


     
  4. Exclusions and Limitations of Liability

    4.1.

    Nominet does not carry out any investigation as to whether you are entitled to register or have any rights in the Domain Name. By registering the Domain Name we are not acknowledging that you have any rights in the name comprised in the Domain Name, and we are not authorising you to use the Domain Name in the course of trade.

    4.2.

    Nothing in these terms and conditions limits or excludes our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation.

    4.3.

    We shall not be liable to you whether in contract, tort (including negligence) or otherwise for:

     

    4.3.1.

    any loss of profit, revenue or other type of economic loss (whether direct or indirect);

    4.3.2.

    loss of business or contracts;

    4.3.3.

    loss of anticipated savings or goodwill; or

    4.3.4.

    any losses which a court holds to be consequential, or indirect losses; arising out of or in connection with the Contract, including but not limited to:

    4.3.5.

    any error or omission in entries to the Register; and

    4.3.6.

    loss of registration and/or use (for whatever reason and whether temporary or otherwise) of the Domain Name.

    4.4.

    All conditions and warranties which may be implied by law into any Contract with you are excluded to the fullest extent permissible by law.

    4.5.

    Our aggregate liability to you whether under these terms and conditions or otherwise (including liability for negligence) shall not exceed £5,000.

    4.6.

    If you are a consumer (ie you are not registering or intending to use the Domain Name in the course of a business, trade or profession) (a "Consumer"), the provisions of clauses 4.3 4.4 and 4.5 above will not apply to you.

    4.7.

    Nothing in these terms and conditions will reduce your statutory rights relating to faulty or misdescribed goods. For further information about your statutory rights contact your local authority Trading Standards Department or Citizens Advice Bureau.


     
  5. Warranties

    By entering into this agreement you consent to and warrant the following:

    5.1

    That you (or your Agent) have obtained the consent of any individual whose personal data is to be held on the Register in accordance with clause 6;

    5.2

    That the details and information submitted by you to us are true and correct, and that any future additions or alterations to your details and information will be true and correct, and that you will submit them in a timely manner. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK's Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim resulting from your breach of this warranty; and

    5.3

    That by registering or using the Domain Name (in whatever manner) you will not knowingly infringe the intellectual property rights of a third party, that you are entitled to register the Domain Name, and that you have not registered the Domain Name in breach of trust. Our right to rely upon this warranty will continue to be available after completion of the registration process and will not be affected by any surrender, cancellation or transfer of the Domain Name. Unless you are a Consumer, you shall pay us (including the current or past members of Nominet UK's Council of Management) any and all reasonable costs, claims and expenses (whether direct or indirect) arising out of any claim that your registration or use of the Domain Name directly or indirectly infringes the intellectual property rights of a third party.


     

  6. Personal Data

    6.1

    The Register is a public register for the purposes of data protection legislation. The Register will include your name and postal address, telephone and fax number and email address together with any other relevant details. This information (if it refers to individuals) is 'personal data' for the purposes of data protection legislation.

    Personal data submitted by you will be:

    1. Posted onto the Register;
       
    2. Posted onto the WHOIS database by us. The WHOIS database is provided on our web site at http://www.nominet.org.uk. Other Agents which provide an online Domain Name registration service may point to our WHOIS database. We will publish your name and address but will not publish your telephone or fax number or email address as part of the WHOIS database; and
       
    3. Used as part of the Public Register Subscription Service ("PRSS"), under which we provide a compressed form of the Register to subscribers. We provide the PRSS only to trusted third parties, based within the European Economic Area, under strict contractual terms which prohibit the use of PRSS data for the purposes of direct marketing. The PRSS enables subscribers to perform WHOIS queries and reverse look-ups. We will publish your name and address but not your telephone or fax number or email address as part of the PRSS;
       
    4. We may provide your personal data to governmental or law enforcement agencies at their written request in connection with the conducting of any investigation of criminal activities; and
       
    5. We will provide your personal data to third parties only if required to do so by a court order.

    You may write to us to request a copy of the personal data held by us about you. We may charge a reasonable fee for the provision of such data. As required by the Data Protection Act 1998, we will adopt appropriate security procedures in relation to the storage and disclosure of information provided by you in order to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of your identity before we are able to disclose personal information to you. Other than the uses identified above, we will not disclose your personal information to others.

    You should be aware that personal data posted on the WHOIS database may be accessible to countries outside the European Economic Area. By registering a Domain Name you consent to your personal data being transferred out of the European Economic Area and to our use of your personal data for the purposes specified above.


     
  7. Domain Name Dispute Resolution Service

    7.1.

    You will be bound by the Policy and Procedure of our Dispute Resolution Service which are incorporated into these terms and conditions and made a part of the Contract by reference. The current version of the Policy and Procedure can be found at our web site: http://www.nominet.org.uk/drs.html

    7.2.

    If a dispute arises, you agree to be bound by the Policy and Procedure which are current at the time that proceedings under the Dispute Resolution Service are commenced until the dispute is over.

    7.3.

    Neither we nor our directors, officers, employees or servants nor any expert shall be liable to a party for anything done or omitted in connection with any proceedings under the Dispute Resolution Service unless the act or omission is shown to have been in bad faith.


     
  8. Termination/Cancellation, Suspension and Amendment of the Register

    8.1.

    You or your Agent may surrender registration of the Domain Name by notice in writing to us at any time prior to our receiving payment.

    8.2.

    After we have received payment for a Domain Name, only you (and not your Agent) may surrender the Domain Name.

    8.3.

    After payment has been received but prior to the issue of a registration certificate you may surrender the registration by writing to us on headed notepaper which corresponds to the registrant address field of the Register entry for the Domain Name.

    8.4.

    If a registration certificate has been issued, you may surrender the Domain Name by correctly completing the surrender of registration form (on the reverse of the registration certificate).

    8.5.

    If you are a Consumer, then you may cancel the Contract by giving notice to us by any of the means set out in clause 10.4 below at any time up to and including 7 working days following the day on which the Contract is concluded, i.e. the date on which we give notice to you or your Agent that we have accepted your application to register a Domain Name. If you register or use the Domain Name in the course of a business, trade or profession, you will not have this right to cancel the Contract.

    8.6.

    If you cancel the Contract in accordance with clause 8.5 then we will provide you or your Agent (as appropriate) with a full refund of our registration fee within 30 days from the day on which we receive notice of your cancellation. If we refund your Agent, you may have to seek direct from your Agent any further component of the fees which you have paid.

    8.7.

    We may cancel or suspend the registration of a Domain Name by providing you with notice in writing in the event of the following:

     

    8.7.1.

    if we do not receive your registration or renewal fees in accordance with clause 2.1 above;

    8.7.2.

    if you are in breach of the terms of this Contract (including the Rules) and in the case of a breach which is capable of remedy you fail to remedy this within 30 days of receiving written notice from us to do so;

    8.7.3.

    if we receive independent verification that you have provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date;

    8.7.4.

    if you are in breach of the warranties contained in clauses 5.1 and 5.3 of the Contract; or

    8.7.5.

    if the Domain Name is being administered in a way likely to endanger the operation of the Domain Name System.

    8.8.

    We may transfer, suspend, cancel or amend the Domain Name registration in the following circumstances:

     

    8.8.1.

    upon receiving written instructions from you to take such action together with any relevant fee;

    8.8.2.

    upon receiving a copy of a perfected order of a court of competent jurisdiction requiring such action, or where the retention of a Domain Name by you would be inconsistent with the terms of a perfected court order received by us or any other legal requirements;

    8.8.3.

    if such changes are necessary in order to correct an error relating to the Domain Name registration; or

    8.8.4.

    following a Decision requiring such action or an agreement reached between the parties and approved by us relating to proceedings under the Dispute Resolution Service.

    8.9.

    If a name server listed for the Domain Name registration does not respond authoritatively to requests for the Domain Name, we may remove the name server from the Register entry for the Domain Name.


     
  9. Change of Agent

    9.1.

    If you wish to change your Agent, you should first approach your current Agent to arrange this. If your approach is unsuccessful, we may at your request record a change of Agent directly onto the Register entry for your Domain Name registration. On receipt of your request, we will approach your Agent (unless exceptional circumstances apply). We will only comply with your request if:

    9.2.

    we are satisfied that you have first approached your Agent, and that the approach has been unsuccessful; and

    9.3.

    we are not informed by your Agent that there is an express term in your contract with your Agent which can prevent us from recording such a change.


     

General

10.1.

If any clause of these terms and conditions is held to be unenforceable in whole or in part the other terms and the rest of the provisions shall continue to be valid and enforceable.

10.2.

We may transfer our rights and obligations under the Contract to any third party. You may transfer the Contract, only on the transfer of the Domain Name, in accordance with clauses 1.7 and subject to clause 8 above.

10.3.

The internet is an emerging and evolving medium and the regulatory and administrative framework under which we operate is constantly developing. For these reasons we reserve the right to make reasonable modifications to the terms and conditions of this Contract (including the Policy, Procedure and Rules) at any time during the term. We will only do so when we have good reason. No change will have the effect of requiring an increase in fees from you in advance of the next renewal of the Domain Name. Except where we are acting in pursuance of a statutory requirement or a court order, changes will be implemented across the board in all of our Domain Name contracts following a process of open public consultation. Each such change will be published in advance (where practicable, 30 days in advance) on our web site: http://www.nominet.org.uk/ and will become binding and effective upon the date specified therein. You should review our web site regularly in order to be aware of all such changes. If you do not agree with any change or proposed change to these terms and conditions you are entitled to terminate the Contract by providing us with thirty (30) days notice in writing, in which case you will receive a pro-rata refund of your registration fee in respect of any unexpired portion of the term.

10.4.

If you wish to contact us our postal address is Nominet UK, Sandford Gate, Sandy Lane West, Oxford, OX4 6LB, England and our telephone number is +44(0) 1865 332211. Our offices are open from 9.00a.m. to 5.30pm (UK local time) Monday to Friday, except for public holidays. Except as set out in the Policy and Procedure any notice to be given under the Contract shall only be deemed to be served if delivered by hand or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number. Except as otherwise set out in the Policy and Procedure the notice will be effective: if delivered, on delivery; if sent by fax or email, on the date of sending; and if by post, on the date of posting. For the avoidance of doubt, any notice sent to you will be deemed served if sent to the address appearing in your Registrant's address field.

10.5.

This contract is a binding document. Consumers should read it carefully and ensure that it contains everything you want and nothing you are not prepared to agree to. These terms and conditions, together with the Rules Policy and Procedure, constitute the entire agreement between you and us for the registration of the Domain Name, and supersedes all prior agreements, understandings and representations whether oral or written.

10.6.

These terms and conditions shall be governed by the relevant United Kingdom law, and by agreeing to be bound by them you agree to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.



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