Domain Registration Terms
By using our website and services You (as defined below) are deemed to have accepted the General Terms and
Conditions (together the "Conditions") which set out the terms under which Infinitium Corporation ("We", "Us", "Our", "the Company" or "Infinitium") will provide Services to You.
You acknowledge that We may amend the Conditions at any time without prior notice and without Your prior consent by posting the amended
terms and conditions on www.infinitium.co
(http://www.infinitium.co/legal/terms-and-conditions/)
and any new, different or additional features changing the Services will automatically be subject to these
Conditions. We will do our best to inform you on a timely manner about these amendments but we do not warrantee that. As a result, please remember to refer
back to this Terms and Conditions regularly to review any amendments. Your continued use of the Services after any such changes to the Conditions shall
constitute Your acceptance of those changes.
The following terms and conditions ("Domain Registration Terms") are supplemental to the General Terms and Conditions and shall apply if You Register, Transfer, Renew or otherwise use our Domain Registration related services:
1. Definitions
1.1 In these Conditions, the following expressions will have the following meanings, unless inconsistent with the context:
"Account Details" means the details that You give to Us when You create an account with Us.
"Back Order" means a request made by You to Us for a Domain Name which is not available for registration at the time You make such a request, but which We will monitor and as soon as it becomes available for registration We will attempt to register the Domain Name for You.
"Chargeback" means a situation where We have initially received payment from You, but that payment has been subsequently rejected by You or Your credit or debit card issuer and the payment sums are returned to You.
"Consumer" You are a consumer if You are an individual not: (a) registering, using or planning to use the Requested Domain as part of a business trade or profession; (b) purchasing a Domain Name during a "Sunrise" or "Landrush" period as defined in the Domain Name Conditions for the Domain Name Registry (c) at Our sole discretion, purchasing a Domain Name for financial or commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name. You shall not be treated as a consumer under the contract if You have purchased or are the registered holder of 10 or more Domain Names.
"Contract" means the contract between You and Us formed by Your acceptance of the Conditions by ticking into the box next to the text "I confirm that I have read and agree to the Terms and Conditions" and pressing the "Continue" button during the process by which You create an account with Us.
"Control Panel" means the Control Panel provided by Us in the "Members Area" at
http://www.infinitium.co that allows You to manage the Requested Domain and services.
"Dispute Resolution Policy" means any relevant dispute resolution policy including, but without limitation, the UDRP.
"Domain Name" means an Internet top level domain name capable of registration through Us.
"Domain Name System" means the domain name system which translates numerical Internet protocol addresses into domain names.
"Expiration Date" means the date set out in the WHOIS search result from
http://www.infinitium.co/domains/domain-whois/ or any other WHOIS database which may be nominated by Us from time to time for the expiration of the registration of the Requested Domain.
"Fees" means Our fees as set out at:
http://www.infinitium.co/useful-links/pricing/ and in addition where You register for a Back Order, Our fees are as set out at
http://www.infinitium.co/domains/backorder/.
"Initial Period" means the period of registration of the Requested Domain from the date of registration to the first Expiration Date of the Requested Domain.
"Intellectual Property Rights" means all patents, copyright and related rights, trademarks, service marks, moral rights, rights in confidential information and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world.
"Name Servers" means computers that provide specific translation information in the Domain Name System.
"Privacy Policy" means the privacy policy that can be found at:
http://www.infinitium.co/legal/privacy-policy/.
"Privacy Service" means Our Domain Whois Privacy service as set out at:
http://www.infinitium.co/legal/terms-and-conditions/domain-whois-privacy-service-terms/.
"Registry" means the organisation which operates the zone file converting Domain Names to Internet protocol addresses for a top level Domain Name.
"Renewal" means the renewal of the Requested Domain in Your name with the Registry for the period specified in the "Renewal Preferences" section of Your Control Panel.
"Renewal Fee" means Our fees as set out in the renewal price list which can be found at:
http://www.infinitium.co/useful-links/pricing/.
"Requested Domain" means the Domain Name You ask Us to register.
"Sales Tax" means a consumption tax charged at the point of purchase for goods and services.
"Services" means the services set out in clause 2.1 as amended from time to time.
"Whois" means a domain name search tool for an Internet top level domain name registry database.
"You" or
"Your" means the person who is entering into this Contract with Us and who the Requested Domain will be registered for or any other Service we offer will be supplied to.
1.2 Headings in these conditions shall not affect their interpretation.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4 Words in the singular include the plural and in the plural include the singular.
1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.6 Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
2. Provision of Services
2.1 We will provide to You the following Services in accordance with the Conditions:
2.2 The Services shall include (but shall not be limited to):
2.2.1 registering the Requested Domain;
2.2.2 processing the Renewal;
2.2.3 managing the Whois information maintained at the registries in relation to the Requested Domain and services;
2.2.4 providing a Control Panel to allow You to manage the Requested Services;
2.2.6 providing the Whois Privacy Service (where applicable); and;
2.2.7 providing relevant software, hardware and infrastructure maintenance and upgrades at Our sole discretion and without a requirement on Us to give notice to You of such maintenance or upgrades.
2.3 Without prejudice to Our other rights and remedies, We may at Our sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:
2.3.1 an event of Force Majeure as set out in clause 12 of the General Terms of Service;
2.3.2 upgrade or maintenance of Our or the Requested Domain Registry's IT systems, but We will restore the provision of the affected Services as soon as reasonably practicable following the suspension;
2.3.3 the issue by any court of competent jurisdiction or other competent authority (including, but without limitation, a person appointed under a Dispute Resolution Policy for the determination of a dispute) of an order which is binding on Us which has the effect of suspending Our Services; or
2.3.4 if You fail to pay any Fees or any other sums owing by You to Us when they fall due.
2.4 To the fullest extent permitted by law and save as provided elsewhere in the Conditions, the Services are provided by Us on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind is given that the Services will be provided on an uninterrupted, timely, secure or error-free basis.
3. Nature of Domain Names, Renewal and Redemption
3.1 You acknowledge that You will not rely on the registration or continued registration of the Requested Domain until confirmation of completion of registration of the Requested Domain is notified to You by way of the Requested Domain appearing in Your Control Panel in the "Manage Domains" box and showing as registered status.
3.2 Subject to clause 3.3 We will automatically renew the Requested Domain on or before the Expiration Date and We will charge You the Renewal Fee at the single rate shown at
http://www.infinitium.co/domains/pricing/ (which shall be non-refundable) for such renewal.
3.3 We will notify You in advance, to the email address provided by You to Us with Your Account Details, that the Requested Domain is approaching its Expiration Date and when it will be automatically renewed by Us. You must notify Us if You do not wish to renew the Requested Domain. Alternatively You may alter the setting in Your Control Panel to deactivate the automatic renewal process before the date notified to You by Us, when the Requested Domain will be renewed, if You do not want to renew the Requested Domain or wish to renew the Requested Domain manually.
3.4 If the Requested Domain passes its Expiration Date and has not been renewed You acknowledge that at Our discretion We may:
3.4.1 renew the Requested Domain on Your behalf; and
3.4.2 change the Requested Domain's Name Servers to Our Name Servers, and display advertising on the Requested Domain and collect and retain any revenue generated from such advertising.
3.5 If We decide to renew the Requested Domain after the Expiration Date You have the right for a period of 16 days after the Expiration Date to pay Us the Renewal Fee. On receipt of the Renewal Fee by Us within the 16 day period, You will retain ownership of the Requested Domain and as soon as reasonably practicable We shall restore the Requested Domain to Your Control Panel.
3.6 If We do not receive the Renewal Fee within the 16 day period stipulated at clause 3.5 We shall have the right:
3.6.1 in Our sole discretion to terminate the Contract and change ownership of the Requested Domain; and/or
3.6.2 to place the Requested Domain on hold and mark it for deletion at Our sole discretion. You will then have the right for a period of time (which will end between 65 and 74 days after the Expiration Date, (when the Requested Domain is placed on hold and marked for deletion) the "Notified Period") to redeem the Requested Domain upon payment of an administration fee (the Redeemption Fee) at the rate shown at
http://www.infinitium.co/domains/pricing/ for the corresponding domain extension of the Requested Domain, which shall include all redemption charges. On receipt of the administration fee by Us within the Notified Period, You will retain ownership of the Requested Domain and as soon as reasonably practicable We shall restore the Requested Domain to Your Control Panel.
3.7 You acknowledge and agree that all Requested Domains stored on Our Name Servers may be subject to advertisements provided specifically to Us for this purpose by Google or other third parties specifically approved by Us and that We may collect and retain any revenue generated from such advertising. You can opt out of these advertisements at any time prior to the Expiration Date of the Requested Domain by altering the preferences in Your Control Panel under "Website Content".
3.8 You acknowledge and agree that You will not bring or pursue any claim against Google or any other third party approved by Us who places advertisements on your Requested Domain arising from the placement by them of any advertising on the Requested Domain.
3.9 You acknowledge and agree that You retain no legal or equitable ownership of or interest in any Intellectual Property Rights subsisting in any advertising placed on the Requested Domain by Google or any other third party approved by Us.
4. Your Obligations
4.1 You shall:
4.1.1 comply at all times with any terms and conditions, rules and regulations or similar which govern the use or registration of the Requested Domain Name whether issued by a Registry or otherwise;
4.1.2 notify Us immediately if You know or have reason to suspect that there has been any unauthorised use of the Services;
4.1.3 notify Us immediately if You know or have reason to suspect that there is or may be any court proceedings or other proceedings (including but without limitation any complaint, proceedings or similar under any Dispute Resolution Policy) which involve the Requested Domain;
4.1.4 ensure that We have Your correct name, postal address, phone, fax, email information, billing information and payment details at all times;
4.1.5 provide identification, documentary evidence and information that We reasonably require in order to be able to carry out the Services and You agree that We may keep copies of any identification and documentary evidence on Our files for the purposes of providing and maintaining the Services;
4.1.6 notify Us of the authorised representatives whose instructions We may accept on Your behalf;
4.1.7 not use or suffer the Services to be used for any unlawful purpose or for the publication of, linking to, issue or display of, any unlawful material including any software which is pirated or which breaches any Intellectual Property Rights or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code whether under US law or regulations, the laws or regulations of Your country or of any other location where the results of such purpose or the material in question can be accessed;
4.1.8 not use or suffer the Services to be allowed to be used in breach of generally accepted standards and codes of practice for the use of the Internet, including but not limited to the sending of unsolicited e-mails, "mail bombing" or the impersonation of another person whether living or dead; and
4.1.9 not use the services of any third party for the purposes, in breach of generally accepted standards and codes of practice for the use of the Internet, including but not limited to: the sending of unsolicited e-mails, "mail bombing", the impersonation of another person whether living or dead, or the publication of, linking to, issue or display of any material that refers to Us or any of Our products or services without Our prior written consent.
4.2 You agree and acknowledge that:
4.2.1 We are under no obligation to register or continue to process a registration for a Requested Domain;
4.2.2 We have made no representations or warranties to You as to the availability of a Requested Domain;
4.2.3 the registration of the Requested Domain is subject to any registration requirements of a specific Registry and You will comply with all of the terms and conditions of that Registry;
4.2.4 We have the right to pass on any additional charges made by a Registry in order to register, renew or maintain howsoever the Requested Domain;
4.2.5 We are not liable for the actions of any Registry which affect the Requested Domain whether before, during or after the domain name registration or renewal process; and
4.2.6 in the event of a Chargeback by Your credit card company or other credit institution We shall have the immediate right at Our sole discretion to take ownership of the Requested Domain and suspend provision of the Services. Where We exercise Our right under this clause 4.2.6, the Services will be reinstated and ownership of the Requested Domain put into Your name upon payment by You to Us of Our Fees and a reinstatement fee of $150.00
5. Back Orders
5.1 By placing a Back Order You acknowledge and agree that:
5.1.1 We have made no representations or warranties to You that We will be able to register Your Back Order requested Domain Name;
5.1.2 You will not hold Us liable in any way whatsoever if We are unable to register Your Back Order requested Domain Name;
5.1.3 the Back Order Fees are applicable to You and subject to clause 10.5, are not refundable; and
5.1.4 Your Back Order is only valid for the period which commences from the date that Your Back Order request is accepted by Us and terminates on the Expiration Date of Your Back Order requested Domain Name as set out in the WHOIS search result from
http://www.infinitium.co/domains/domain-whois/ as at the date Your Back Order request is made.
6. Warranties
6.1 By entering into this Contract You warrant that:
6.1.1 all the identity, contact and payment information supplied to Us by You in accordance with clause 4.1.4 is correct, current and complete;
6.1.2 all passwords or any other identifiers that You use in connection with the Services will at all times be kept confidential, used properly and will not be disclosed to any unauthorised person;
6.1.3 any activity carried out in connection with the Services which requires the use of passwords or other identifiers will be carried out by You or someone authorised to act on Your behalf;
6.1.4 You accept full liability for all actions done, charges incurred and losses suffered by You for any activity carried out in connection with the Services which requires the use of Your passwords or other identifiers, whether carried out with Your authorisation or not;
6.1.5 You have all necessary permissions, licenses and consents to use the Services and register the Requested Domain and that by registering the Requested Domain and using the Services You will not infringe any Intellectual Property Rights of any other person or entity;
6.1.6 You will obtain all necessary permissions, licenses and consents that may be or are required from time to time to enable Us to provide You with Services;
6.1.7 You will not use the Services or allow them to be used for the publication, web forwarding, linking to, issue of or display of any material which in Our absolute discretion may harm Us, Our reputation or otherwise bring Us into disrepute; and
6.1.8 You will comply fully with the Dispute Resolution Policy and agree to any decision resulting therefrom.
7. Indemnitiy
7.1 You will fully indemnify and keep Us and Our officers, partners, employees and agents fully indemnified against all liabilities, costs, claims, expenses, demands, damages, penalties and losses (including professional costs and expenses) whether directly or indirectly suffered or incurred by Us arising out of or connected with:
7.1.1 Your breach of the Contract; or
7.1.2 Your breach of any warranty given in clause 6; or
7.1.3 any use or misuse of the Services as a result of or attributable to Your actions; or
7.1.4 the Requested Domain.
8. Fees and Payment
8.2 All sums payable to Us under this Contract shall be paid in full without any deduction set-off or withholding other than as required by law. You shall not be entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part.
8.3 We are under no obligation to commence the Services, unless and until We have received the required Fees and any other sums outstanding from You to Us.
8.4 We may at Our discretion retain ownership of the Requested Domain until all Fees and sums owed to Us by You have been received in full and cleared funds.
8.5 Where You authorise the payment of any Fees by credit and/or debit card (including those associated to a PayPal account), We may deduct other amounts becoming payable under this Contract under that credit and/or debit card without obtaining additional or further authorisation from You.
8.6 Where You have registered more than one credit and/or debit card with Us, We will take the Fees in the order of preference You designate to them in Your Control Panel.
8.7 Subject to clause 10.5 We will not provide credit notes or refunds.
8.8 For the avoidance of doubt and subject to clause 10.5, once a request for a Requested Domain has been placed, including any Renewals or Back Orders, You do not have the right to cancel such request.
9. Liability
9.1 Nothing in this Contract excludes or limits Our liability for death or personal injury caused by Our negligence or any damage or liability incurred by You as a result of fraud or fraudulent misrepresentation by Us.
9.2 We will not be liable to You in contract, tort or otherwise, including negligence for any direct or indirect immediate or consequential loss, damage, costs, expenses or other claims arising out of or in connection with this Contract for:
9.2.1 loss of profit;
9.2.2 loss of business, contracts or revenue;
9.2.3 loss of expected savings or goodwill;
9.2.4 loss of registration or use, or both (for whatever reason) of the Requested Domain.
9.3 Subject to clause 9.1 Our total liability to You, whether under these Conditions or otherwise, including liability for negligence, shall be no more than $500.00
9.4 All conditions, warranties or other terms which might have effect between You and Us or be implied or incorporated into this Contract whether by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law, including without limitation any implied conditions or warranties.
10. Termination
10.1 We will provide the Services to You for the Initial Period and will continue to provide them beyond the Initial Period, subject to termination in accordance with this clause 10.
10.2 Following the Initial Period either party may terminate the Contract by giving 30 days written notice to the other.
10.3 Without prejudice to any other rights or remedies which We may have, We may terminate the Contract without liability to You immediately on giving notice to You if You fail to pay Us any sum due under the Contract on the due date for payment and You remain in default not less than seven days after being notified in writing to make such payment.
10.4 Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other immediately on giving notice to the other if:
10.4.1 the other party commits a material breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
10.4.2 the other party (being a company) is deemed unable to pay its debts or is affected by an inssolvency process; or (being a natural person) is deemed either unable to pay its debts or has no reasonable prospect of so doing, in either case; or
10.4.3 the other party has a receiver, manager, administrator or administrative receiver appointed over its assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or an administration order; or
10.4.4 the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.
10.5 Subject to clause 10.7, if You are a Consumer You have the right to cancel the Contract by notice to Us in writing within 7 days and receive a full refund at no additional cost from either; the date the Contract is formed, or the date that You receive confirmation from Us that the Contract is formed, whichever is the later.
10.6 For the purposes of clause 10.5, the date the Contract is formed shall be the date on which You place a tick into the box next to the text "I confirm that I have read and agree to the Terms and Conditions" and press the "Continue" button thereby granting Your consent for the Services to commence.
10.7 You will no longer have the right to cancel the Contract set out in clause 10.5 once We have commenced the Services with Your consent. For the purposes of this clause Your consent will be deemed to be given upon You successfuly place an order in our systems.
10.8 Due to the real time nature of domain name registrations, where following termination We are unable to cancel any registration or Renewal of the Requested Domain, We may make a minimum charge to You to cover costs incurred by Us to the Registry for registering the Requested Domain.
10.9 On termination of the Contract for any reason You agree that:
10.9.1 We shall have the right at Our sole discretion to immediately delete Your account with Us;
10.9.2 Your entitlement to use any of Our Services will immediately cease;
10.9.3 unless You have transferred the Requested Domain to another domain name registration service provider prior to termination:
10.9.3.1 any and all of Your accrued and future rights, including rights in any accrued and future goodwill, in the Requested Domain shall immediately cease; and
10.9.3.2 You shall have not have any title to or any licence to the whole or any part of the Requested Domain and full ownership and title in the Requested Domain shall immediately revert to Us.
Appendix A - Specific Domain Registries Supplemental Conditions
11. Specific Registry Terms and Conditions
11.1 Domain names may be subject to additional terms and conditions as laid down by the respective governing bodies and shall apply in the Contract; where possible relevant links have been provided below:
Generic Top Level Domain Names (gTLD's)
Country Coded Top Level Domain Names (ccTLD's)
- .COM/NET DOMAIN NAMES:
In the case of a ".com" or ".net" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 1.1. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- 1.2. You acknowledge and agree that Verisign reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by Verisign or any Registrar in connection with a domain name registration, or (3) for the non-payment of fees to Verisign; and
- 1.3.You agree to indemnify, defend and hold harmless the .COM .and NET Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the registered name holder's Domain Name registration.
- .MOBI DOMAIN NAMES:
In the case of a ".mobi" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 2.1. You agree to indemnify to the maximum extent permitted by law, defend and hold harmless mTLD Top Level Domain Limited ("Registry Operator"), and its subsidiaries, affiliates, directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Requested Domain and or use, and this indemnification obligation shall survive the termination or expiration of the Contract.
- 2.2. You acknowledge and agree that notwithstanding anything in the Conditions to the contrary, the Registry Operator shall be an intended third party beneficiary of the Contract. As such, You and We acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Contract in agreeing to Us being a registrar for the .mobi top-level Domain Name. Additionally, the third party beneficiary rights of the Registry Operator shall survive any termination or expiration of the Contract.
- 2.3. You agree to comply with ICANN requirements, standards, policies, procedures and practices for which Registry Operator has monitoring responsibility in accordance with the Registry's agreement with ICANN available at http://www.icann.org/en/tlds/agreements/mobi/.
- 2.4. You agree to comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry policies, applicable to all registrars and/or You and consistent with the Registry's agreement with ICANN available at http://www.icann.org/en/tlds/agreements/mobi/ which shall be effective upon thirty days notice by the Registry Operator to Us.
- 2.5. You consent to the use, copying, distribution, publication, modification and other processing of Your personal data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to .mobi Registry policies and procedures available at www.mtld.mobi and with relevant mandatory local data protection and privacy laws.
- 2.6. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- 2.7. You acknowledge and agree that the Registry Operator and Us, acting in consent with the Registry Operator, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion:
- 2.7.1. to protect the integrity and stability of the registry;
- 2.7.2. to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process;
- 2.7.3. to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;
- 2.7.4. for violations of the Conditions; or
- 2.7.5. to correct mistakes made by the Registry Operator or Us in connection with a Requested Domain, and the Registry Operator also reserves the right to "freeze" a Requested Domain during resolution of a dispute.
- 2.8. You acknowledge and agree that the Registry Operator must comply with the requirements, standards, policies, procedures and practices set forth in the .mobi Style Guide ("Style Guide") available at www.mtld.mobi and consent to the monitoring of the website as described in the .mobi Style Guide monitoring guidelines available at www.mtld.mobi for compliance with the Style Guide. Furthermore, You acknowledge and agree that this Style Guide is subject to modification by the Registry Operator with any such changes appearing at the previously designated URL, and that You must promptly comply with any such changes in the time allotted.
- .ORG DOMAINS:
In the case of a ".org" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 3.1. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- .INFO DOMAINS:
In the case of a ".info" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 4.1. You consent to the use, copying, distribution, publication, modification, and other processing of Your personal data by Afilias, the .info Registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract with ICANN available at http://www.icann.org/en/tlds/agreements/info/.
- 4.2. We and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either We or Afilias deem necessary, at its discretion, to protect the integrity and stability of the Registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a Requested Domain or its registration data during resolution of a dispute.
- .BIZ DOMAINS:
In the case of a ".biz" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 5.1. Registrations in the .biz Top Level Domain Name must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the Requested Domain or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
- 5.1.1. to exchange goods, services, or property of any kind;
- 5.1.1.1. in the ordinary course of business; or
- 5.1.1.2. to facilitate:
- a) the exchange of goods, services, information or property of any kind; or
- b) the ordinary course of trade or business.
- 5.2. You acknowledge and agree to abide by the further .biz restrictions as set out at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
- 5.3. You represent that to the best of the Your knowledge and belief:
- 5.3.1. neither the Requested Domain nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
- 5.3.2. the Requested Domain is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
- 5.3.3. the Requested Domain will be used primarily for bona fide business or commercial purposes and not exclusively for personal use; or solely for the purposes of selling, trading or leasing the Requested Domain for compensation, or the unsolicited offering to sell, trade or lease the Requested Domain for compensation;
- 5.3.4. You have the authority to make the application for the Requested Domain; and
- 5.3.5. the Requested Domain is reasonably related to Your business or intended commercial purpose at the time of registration.
- 5.4. You shall ensure that the following information is true, current, complete, and accurate at all times:
- 5.4.1. the IP addresses of the primary Name Server and any secondary Name Server for the Requested Domain;
- 5.4.2. the corresponding names of the primary and secondary Name Servers; and
- 5.4.3. any remark concerning the Requested Domain that should appear in the Whois.
- 5.5. You agree and understand that the information required under clause 4.1.4 of the General Conditions and clause 5.4 of these conditions will be publicly available and accessible on the Whois as required by ICANN and/or other Registry policies, and may be sold in bulk in accordance with the agreement between Us and ICANN available at http://www.icann.org/en/registrars/ra-agreement-21may09-en.htm.
- 5.6. You acknowledge and agree to be bound by the terms and conditions of the Restrictions Dispute Resolution Criteria and Rules ("RDRP"), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm as amended from time to time;
- 5.7. You further acknowledge and agree that:
- 5.7.1. the UDRP and RDRP set forth the terms and conditions in connection with a dispute between You and any party other than the Registry or Us over the registration and use of a Requested Domain.
- 5.7.2. the RDRP sets forth the terms under which any allegation that a Domain Name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN accredited dispute provider.
- 5.8. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- .ASIA DOMAINS:
In the case of a ".asia" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 6.1. You request and authorize Us to list an individual or company designated by Us as Your .asia Charter Eligibility Declaration Service contact ("CED Contact") for Your Requested Domain.
- 6.2. You agree:
- 6.2.1. and acknowledge that We and the CED Contact shall not be responsible for monitoring the legality of the use of the Requested Domain including, but not limited to, the contents and services offered in the Requested Domain;
- 6.2.2. and acknowledge that We and/or the CED Contact, without any liability to You whatsoever, may take such steps or omit to take steps as We in Our opinion and/or the opinion of the CED Contact deem necessary in order to:
- 6.2.2.1. limit Our and/or the CED Contact's liability directly or indirectly related to the Requested Domain;
- 6.2.2.2. comply with any laws, regulations or other legal requirements; or
- 6.2.2.3. address any letter, causes of action, suits, proceedings, complaints, cease and desist orders and demands of any kind or any other inquiry from the .asia Registry or any other third party related to the Requested Domain;
- 6.2.2.4. disable the Requested Domain and/or other Services pending resolution of the dispute and/or redirecting the Requested Domain to a blank page or placeholder;
- 6.2.2.5. cancel the registration of the Requested Domain;
- 6.2.2.6. cease administration of the Requested Domain and placing it in a transit state;
- 6.2.2.7. remove or replacing the CED Contact from or in the Whois record;
- 6.2.2.8. redirect the Requested Domain to an alternate Internet Protocol address;
- 6.2.2.9. allow the registration of the Requested Domain to lapse;
- 6.2.2.10. transfer the registration of the Requested Domain to an individual or entity which is awarded the registration through any court proceeding, arbitration, or by the .asia Registry;
- 6.2.2.11. settle any and all third party claims against Us, whether threatened or made, arising out of Your use of the Requested Domain;
- 6.2.2.12. terminate our Services to You; or
- 6.2.2.13. take any other action or omit to take any action that We or the CED Contact consider appropriate.
- 6.2.3. to release, defend, indemnify and hold Us, Our subsidiaries, affiliates, shareholders, agents, directors, officers, employees and the CED Contact harmless, from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to, the CED Contact service, the Requested Domain, and/or Your use of the Requested Domain to include without limitation any act or omission made or taken by Us and/or the CED Contact in accordance with clause 6.2.2;
- 6.2.4. to comply with the ICANN requirements, standards, policies, procedures and practices for which the .asia Registry has monitoring responsibility in accordance with the agreement between ICANN and the .asia Registry available at http://www.icann.org/en/tlds/agreements/asia/ or as notified to You by Us]; and
- 6.2.5. to comply with all the operational standards, policies, procedures and practices for the .asia Registry as established from time to time in a non-arbitrary manner by the .asia Registry.
- 6.3. You agree and acknowledge that the CED Contact shall have the benefit of the limitations of liability contained in clause 9 of the General Conditions;
- 6.4. You undertake to respond in writing to requests by the .asia Registry, Us and/or the CED Contact immediately within time limits set by the .asia Registry and/or Us. Unless a different response deadline is requested in writing by the .asia Registry, We and/or the CED Contact, You agree to respond in writing to such requests within forty eight (48) hours.
- 6.5. You acknowledge and agree to be bound by the terms and conditions of ICANN's Charter Eligibility Dispute Resolution Policy ("CEDRP") available at http://www.icann.org/en/udrp/cedrp-policy.html as amended from time to time.
- 6.6. You agree to submit to proceedings commenced under other dispute resolution policies as set forth by the .asia Registry from time to time in the Registry policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual rights holders, internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .asia Registry.
- 6.7. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- .ME DOMAINS:
In the case of a ".me" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 7.1. You acknowledge and agree:
- 7.1.1. to release, defend, indemnify and hold Us, Our subsidiaries, affiliates, shareholders, agents, directors, officer and employees harmless, from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to the Requested Domain, and/or Your use of the Requested Domain; and
- 7.1.2. to comply with all the operational standards, policies, procedures and practices for the .me Registry as established from time to time by the .me Registry and that these are applicable to all registrars and domain name registrants. Any changes to the Registry policies by the .me Registry that are consistent with the Registry agreement shall be effective upon thirty (30) days' notice by the .me Registry to Us.
- 7.2. You agree to submit to proceedings commenced under other dispute resolution policies as set forth by the .me Registry from time to time in the Registry policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual rights holders, internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .me Registry.
- 7.3. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- .MX DOMAINS:
In the case of a ".mx" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 8.1. The following definitions shall apply in this clause 8
- 8.1.1. "Landrush" means the period identified in clause 8.2 when .mx domain names will be available for public purchase with a premium attached to the purchase price of the .mx domain names by the .mx Registry.
- 8.1.2. "Open Registration" means the period identified in clause 8.2 when .mx domain names will be available for public purchase without any premium attached to the purchase price of the .mx domain names by the .mx Registry.
- 8.1.3. "Pre-Orders" means the facility whereby, before Open Registration, You can request .mx domain names for registration by Us upon the commencement of Open Registration.
- 8.2. The Landrush commences at 07:00:00 Coordinated Universal Time ("UTC") on 1st September 2009. The Open Registration commences at 08:00:00 UTC on 1st November 2009. Pre-Orders will be open from a date to be notified to You.
- 8.3. Pre-Orders for Open Registration cannot be cancelled, are non-transferrable and cannot be substituted, regardless of any financial consideration that We may have taken in deposit for any one Pre-Order in advance of the Open Registration launch date. Bulk pricing will only be applied on an order by order basis and not accumulated across all Pre-Orders placed. Bulk pricing discounts will apply to each item within Your order, regardless of the domain name(s) We secure for You.
- 8.4. You acknowledge that Pre-Order's for Open Registration are not live registrations and therefore We cannot guarantee that We will secure any requested domain name(s). All applications made during the Open Registration Pre Order period are done so at Your own risk and We will not be held liable for any domain name(s) that are not secured during this period.
- 8.5. Registrations for Landrush, Pre-Orders for Open Registration and Open Registration are dealt with on a first come first served basis. If Your Requested Domain is not available upon commencement of Open Registration or up to 48 hours following such commencement, We will refund You in full directly to Your payment card without any further charge.
- 8.6. You agree:
- 8.6.1. and acknowledge that when making a Pre-Order for Open Registration Your nominated payment card in Your account will be preauthorised up to 72 hours before Open Registration commences so that Your order can be passed to the .mx Registry;
- 8.6.2. and acknowledge that it is Your responsibility to keep these details up to date and accurate during this period and Your application will not be submitted to the .mx Registry without a successful preauthorisation. Such preauthorisation is only conducted to ensure payment funds will be available and that full payment may be taken immediately following any successful registration. No payment will be taken for unsuccessful registrations and the authorisation will be released immediately for the same.
- 8.6.3. to release, defend, indemnify and hold Us, Our subsidiaries, affiliates, shareholders, agents, directors, officer and employees harmless, from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to the Requested Domain, and/or Your use of the Requested Domain.
- 8.6.4. to be bound by the terms and conditions of:
- 8.7. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- .TEL DOMAINS:
In the case of a ".tel" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 9.1. The following definitions shall apply in this clause 9:
- 9.1.1. "IDN General Availability" means the period identified in clause 9.2 when .tel Internationalised Domain Names will be available for public purchase without any premium attached to the purchase price of the .tel Domain Names by the .tel Registry.
- 9.1.2. "Pre-Orders" means the facility whereby, before the period indentified in 9.1.1 commences, You can request .tel Internationalised Domain Names for registration by Us upon the commencement of each period.
- 9.2. IDN General Availability will commence at 14:00:01 UTC on 15h June 2010. Pre-Orders for IDN General Availability will open from from 10:00:01 GMT on the 21st May 2010.
- 9.3. Pre-Orders cannot be cancelled, are non-transferrable and cannot be substituted, regardless of any financial consideration that We may have taken in deposit for a Pre-Order. Bulk pricing will only be applied on an order by order basis and not accumulated across all Pre-Order's placed. Bulk pricing discounts will apply to each item within Your order, regardless of the Domain Name We secure for You.
- 9.4. You acknowledge that Pre-Orders for IDN General Availability are not live registrations and therefore We cannot guarantee that We will secure any Domain Name(s). All applications made during the IDN General Availability Pre-Order period are done so at Your own risk and We will not be held liable for any Domain Name(s) that are not secured during IDN General Availability.
- 9.5. You agree:
- 9.5.1. and acknowledge that when making a Pre-Order for IDN General Availability Your nominated payment card in Your account will be preauthorised up to 7 days before IDN General Availability commences so that Your order can be passed to the .tel Registry;
- 9.5.2. and acknowledge that it is Your responsibility to keep these details up to date and accurate during this period and that Your application will not be submitted to the .tel Registry without a successful preauthorisation. Such preauthorisation is only conducted to ensure payment funds will be available and that full payment may be taken immediately following any successful registration. No payment will be taken for unsuccessful registrations and the authorisation will be released immediately for the same.
- 9.5.3. to release, defend, indemnify and hold Us, Our subsidiaries, affiliates, shareholders, agents, directors, officers and employees harmless from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to, the Requested Domain, and/or Your use of the Requested Domain.
- 9.5.4. to be bound by the Polices and Procedures of the .tel Registry, available at http://telnic.org/policies.html
- 9.6. Registrations when IDN General Availability commences are dealt with on a first come first served basis. If Your Requested Domain is not available upon commencement of IDN General Availability or up to 48 hours following such commencement, We will refund You in full directly to Your payment card without any further charge.
- 9.7. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- .AT DOMAINS:
In the case of a ".at" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 10.1. You acknowledge and understand that by accepting the terms and conditions of this agreement You shall be bound by the .at Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the .at Registry website at http://nic.at/en/agb/ag_agb2003.asp.
- 10.2. You are responsible for monitoring the .at Registry's site on a regular basis. In the event that You do not wish to be bound by a revision or modification to any .at Registry policy, Your sole remedy is to cancel Your Requested Domain by following the appropriate .at Registry policy regarding such cancellation.
- .BE DOMAINS:
In the case of a ".be" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 11.1. You acknowledge and understand that by accepting the terms and conditions of this agreement You shall be bound by .be Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the .be Registry website at http://www.dns.be/en/home.php?n=51.
- 11.2. You are responsible for monitoring the .be Registry's site on a regular basis. In the event that You do not wish to be bound by a revision or modification to any .be Registry policy, Your sole remedy is to cancel Your Requested Domain by following the appropriate .be Registry policy regarding such cancellation.
- 11.3. If You reserved or registered a domain name through Us, or transferred a domain name to Us from another registrar, You agree to be bound by the .be dispute policy that is incorporated into these Conditions and can be found at http://www.dns.be/en/home.php?n=53 as amended from time to time.
- .CA DOMAINS:
In the case of a ".ca" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 12.1. If You reserved or registered a domain name through Us, or transferred a domain name to Us from another registrar, You agree to be bound by the .ca dispute policy that is incorporated into these Conditions and can be found at http://www.cira.ca/en/cat_Dpr.html as amended from time to time.
- 12.2. You agree and acknowledge that Your Requested Domain shall be subject to suspension, cancellation, or transfer pursuant to any .ca Registry adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Registry adopted policy:
- 12.2.1. to correct mistakes by Us or the .ca Registry in registering the Requested Domain; or
- 12.2.2. for the resolution of disputes concerning the Requested Domain.
- 12.3. Any transfer of ownership in and to a Requested Domain shall be affected in accordance with .ca Registry policies and procedures.
- 12.4. You acknowledge and agree that by accepting the terms and conditions of this agreement You shall be bound by the .ca Registry's Registrant Agreement available at http://www.cira.ca/registrant-documents/, the .ca Registry's policies and any pertinent rules or policies that exist now or in the future and which are posted on the .ca Registry website available at http://www.cira.ca/registrars-documents/ as amended from time to time.
- 12.5. You are responsible for monitoring the .ca Registry's site on a regular basis. In the event that You do not wish to be bound by a revision or modification to any .ca Registry agreement or policy, Your sole remedy is to cancel Your Requested Domain by following the appropriate .ca Registry policy regarding such cancellation.
- 12.6. You acknowledge and agree that the Registry shall not be liable to You for any loss, damage, or expense arising out of the Registry's failure or refusal to:
- 12.6.1. register a Requested Domain or the registration of a Requested Domain;
- 12.6.2. to renew a Requested Domain;
- 12.6.3. to transfer a Requested Domain or the transfer of a Requested Domain;
- 12.6.4. to maintain or modify a Requested Domain or the maintenance or modification of a Requested Domain; or
- 12.6.5. to cancel a Requested Domain or the cancellation of a Requested Domain from the Registry.
- .CC DOMAINS:
In the case of a ".cc" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 13.1. If You reserved or registered a domain name through Us, or transferred a domain name to Us from another registrar, You agree to be bound by the .be dispute policy that is incorporated into these Conditions and can be found at http://www.nic.cc/policies/dispute.html as amended from time to time.
- 13.2. You acknowledge and agree that by accepting the terms and conditions of this agreement You shall be bound by the .cc Registry's Registrant Agreement, the .cc Registry's policies and any pertinent rules or policies that exist now or in the future and which are posted on the .cc Registry website at http://www.nic.cc.
- 13.3. You are responsible for monitoring .cc Registry's site on a regular basis. In the event that You do not wish to be bound by a revision or modification to any .cc Registry policy, Your sole remedy is to cancel Your Requested Domain by following the appropriate .cc Registry policy regarding such cancellation.
- .CH DOMAINS:
In the case of a ".ch" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 14.1. If You reserved or registered a domain name through Us, or transferred a domain name to Us from another registrar, You agree to be bound by the .ch dispute policy that is incorporated into these Conditions and can be found at http://www.switch.ch/id/disputes/rules as amended from time to time.
- 14.2. You acknowledge and agree that by accepting the terms and conditions of this agreement You shall be bound by the .ch Registry's Registrant Agreement, the .ch Registry's policies and any pertinent rules or policies that exist now or in the future and which are posted on the .ch Registry website at http://www.switch.ch/id/terms.
- 14.3. You are responsible for monitoring .ch Registry's site on a regular basis. In the event that You do not wish to be bound by a revision or modification to any .ch Registry policy, Your sole remedy is to cancel Your Requested Domain by following the appropriate .ch Registry policy regarding such cancellation.
- .CM DOMAINS:
In the case of a ".cm" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 15.1. The following definitions shall apply in this clause 15:
- 15.1.1. "Landrush" means the period identified in clause 15.1.3 when .cm domain names were available for public purchase with a premium attached to the purchase price of the .cm domain names by the .cm Registry.
- 15.1.2. "Open Registration" means the period identified in clause 15.2 when .cm domain names are available for public purchase without any premium attached to the purchase price of the .cm domain names by the .cm Registry.
- 15.1.3. "Pre-Orders" means the facility whereby, before Open Registration, You can request .cm domain names for registration by Us upon the commencement of Open Registration.
- 15.2. Landrush commenced at 00:00:01 Greenwich Mean Time ("GMT") on the 15th July 2009. Open Registration commences at 00:00:01 GMT on 18th September 2009. Pre-Orders for Open Registration will be open from 00:01 GMT on the 13th July 2009.
- 15.3. Pre-Orders for Open Registration cannot be cancelled, are non-transferrable and cannot be substituted, regardless of any financial consideration that We may have taken in deposit for any one Pre-Order in advance of the Open Registration launch date. Bulk pricing will only be applied on an order by order basis and not accumulated across all Pre-Order's placed. Bulk pricing discounts will apply to each item within Your order, regardless of the Domain Name We secure for You.
- 15.4. Landrush orders are an application to purchase a Domain Name(s) during Landrush. If more than one application is made to the .cm Registry for the same Domain Name, You will be entered into an auction with the other applicants and the highest bidder will secure the Domain Name(s). The auction process will be dealt with directly between You and the .cm Registry or another third party, including the payment of any auction price for the Requested Domain. We will not be responsible for the auction process, including but not limited to the creation, use or receipt of any usernames or passwords necessary for Your participation in the auction. If You are successful at auction, the final auction price, which You will be required to pay directly to the Registry or other third party (as instructed by the Registry or other third party), will be payable in addition to Our Fees for the Requested Domain, including any applicable premium. If You do not bid during the auction We will make a full refund to Your original payment card within seven days of the auction ending. If You are the only applicant, the Requested Domain will be assigned to You upon advice from the .cm Registry at close of the Landrush period. You acknowledge and agree that We will not be liable if You do not secure the Requested Domain during Landrush or where the Requested Domain is entered into an auction.
- 15.5. You acknowledge that Pre-Orders for Open Registration are not live registrations and therefore We cannot guarantee that We will secure any domain name(s). All applications made during Open Registration Pre-Order period are done so at Your own risk and We will not be held liable for any Domain Name(s) that are not secured during Open Registration.
- 15.6. Registrations for Landrush, Pre-Orders for Open Registration and Open Registration are dealt with on a first come first served basis. If Your Requested Domain is not available upon commencement of Open Registration or up to 48 hours following such commencement, We will refund You in full directly to Your payment card without any further charge.
- 15.7. You agree:
- 15.7.1. and acknowledge that when making a Pre-Order for Open Registration Your nominated payment card in Your account will be preauthorised up to 72 hours before Open Registration commences so that Your order can be passed to the .cm Registry;
- 15.7.2. and acknowledge that it is Your responsibility to keep these details up to date and accurate during this period and that Your application will not be submitted to the .cm Registry without a successful preauthorisation. Such preauthorisation is only conducted to ensure payment funds will be available and that full payment may be taken immediately following any successful registration. No payment will be taken for unsuccessful registrations and the authorisation will be released immediately for the same.
- 15.7.3. to release, defend, indemnify and hold Us, Our subsidiaries, affiliates, shareholders, agents, directors, officers and employees harmless from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to, the Requested Domain, and/or Your use of the Requested Domain.
- 15.7.4. to be bound by the terms and conditions of:
- 15.8. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- .CN DOMAINS:
In the case of a ".cn" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 16.1. The following definitions shall apply in this clause 16:
- 16.1.1. "CNNIC" means China Internet Network Information Center;
- 16.1.2. "Registry" means the China Internet Network Information Center, the authority responsible for the administration of the national top-level domain of the People's Republic of China and the Chinese domain name system;
- 16.1.3. "Registry Gateway" means the service provided by the Registry Operator that facilitates the registration of .cn domain names by registrars operating outside of the People's Republic of China;
- 16.1.4. "Registry Operator" means Neustar, Inc., the company authorized to facilitate the registration of .cn domain names by registrars operating outside of the People's Republic of China.
- 16.2. You acknowledge and agree that You will not register or use a Domain Name that is deemed by CNNIC to:
- 16.2.1. be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC");
- 16.2.2. jeopardize the PRC's national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC;
- 16.2.3. harm national honour and national interests of the PRC;
- 16.2.4. instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC;
- 16.2.5. spread rumours, disturb public order or disrupt social stability of the PRC;
- 16.2.6. spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
- 16.2.7. insult, libel against others and infringe other people's legal rights and interests in the PRC; or
- 16.2.8. take any other action prohibited in laws, rules and administrative regulations of the PRC.
- 16.3. You acknowledge and agree:
- 16.3.1. that .cn domain name registrations are intended for businesses and organizations and not for individual use. By registering a .cn name, You accordingly represent that You have registered the Requested Domain on behalf or a business or organization. Registrations that are not associated with an organization or business may be subject to deletion. The foregoing prevents an individual from registering a .cn domain name for a business operating as a sole proprietorship.
- 16.3.2. to be bound by the laws, regulations and policies of the PRC's governmental agencies and the CNNIC, including but not limited to the following rules, regulations, terms and conditions:
- 16.3.3. that pursuant to the Dispute Policy, registrars must comply with all reasonable requests from the applicable domain name dispute resolution institutions including the provision of all relevant evidence in any domain name disputes in the specified time frames.
- 16.3.4. that if We are notified that a complaint has been filed with a judicial or administrative body regarding Your use of Our Services, You agree not to make any changes to Your Requested Domain record without Our prior approval. We may not allow You to make changes to such Requested Domain record until:
- 16.3.4.1. We are directed to do so by the judicial or administrative body; or
- 16.3.4.2. We receive notification by You and the other party contesting Your registration and use of Our Services that the dispute has been settled.
- 16.3.5. that if You are subject to litigation regarding Your registration of the Requested Domain and use of Our Services, We may deposit control of Your Domain Name record into the registry of the judicial body by supplying a party with a registrar certificate.
- 16.4. You acknowledge and agree that Your registration of the Requested Domain shall be subject to suspension, cancellation, or transfer pursuant to any Of Our, Registry Operator, CNNIC or government adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a CNNIC or government-adopted policy:
- 16.4.1. to correct mistakes by a party in registering the Requested Domain;
- 16.4.2. for the resolution of disputes concerning the Requested Domain;
- 16.4.3. to protect the integrity and stability of the Registry;
- 16.4.4. to comply with any applicable laws, government rules or requirements or requests of law enforcement;
- 16.4.5. to avoid any liability, civil or criminal, on the part of Us, Registry Operator or CNNIC, as well as their affiliates, subsidiaries, directors, representatives, employees and stockholders; or
- 16.4.6. for violations of this Contract We, Registry Operator and CNNIC also reserve the right to "freeze" a Requested Domain during the resolution of a dispute.
- 16.5. For the adjudication of disputes concerning or arising from use of the Requested Domain, the registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of Your domicile and (2) the PRC.
- 16.6. For the adjudication of a dispute concerning or arising from use of a .cn domain name, such dispute will be governed under the laws of the PRC.
- .DE DOMAINS:
In the case of a ".de" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 17.1. You represent that:
- 17.1.1. You have reviewed and have accepted the Registry's terms and conditions available at http://www.denic.de/en/bedingungen.html and the Registry's guidelines available at http://www.denic.de/en/richtlinien.html and have provided Us with written confirmation of same;
- 17.1.2. either You, or the person designated as the administrative contact for the Requested Domain, shall be resident or shall have a branch in Germany;
- 17.2. You acknowledge and agree:
- 17.2.1. that if the registration or reservation of the Requested Domain is challenged by a third party, You will be subject to the provisions specified by the Registry or any court of law.
- 17.2.2. that in the event a dispute arises with any third party in relation to a Requested Domain, You will indemnify and hold Us harmless pursuant to the terms and conditions specified by the Registry or any court of law.
- 17.2.3. to be bound by the following terms and conditions:
English language translations of the .de Registry's documents are provided for convenience and in the event of a discrepancy between the English and the German language terms and conditions, the terms of the German agreement will prevail.
- .EU DOMAINS:
In the case of a ".eu" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- The following definitions shall apply in this clause 18
- 18.1.1."IDN" means an Internationalized Domain Name containing at least one character that is displayed in software applications, in whole or in part, in a language-specific script or alphabet, such as Chinese, Russian or the Latin-based languages with diacritics, such as French.
- 18.1.2."IDN Open Registration" means the period identified in clause 18.2 when .eu IDN Domain Names will be available for public purchase without any premium attached to the purchase price of the .eu IDN Domain Names by the .eu Registry.
- 18.1.3. "Pre-Orders" means the facility whereby, before IDN Open Registration, You can request .eu IDN Domain Names for registration by Us upon the commencement of IDN Open Registration.
- 18.2. The IDN Open Registration commences at 10:00:00 UTC on 10th December 2009. Pre-Orders will be open from a date to be notified to You.
- 18.3. Pre-Orders for IDN Open Registration cannot be cancelled, are non-transferable and cannot be substituted, regardless of any financial consideration that We may have taken in deposit for any one Pre-Order in advance of the IDN Open Registration launch date. Bulk pricing will only be applied on an order by order basis and not accumulated across all Pre-Orders placed. Bulk pricing discounts will apply to each item within Your order, regardless of the IDN Domain Name(s) We secure for You.
- 18.4. You acknowledge that Pre-Order's for IDN Open Registration are not live registrations and therefore We cannot guarantee that We will secure any requested IDN Domain Name(s). All applications made during the IDN Open Registration Pre Order period are done so at Your own risk and We will not be held liable for any IDN Domain Name(s) that are not secured during this period.
- 18.5. Pre-Orders for IDN Open Registration and IDN Open Registration are dealt with on a first come first served basis. If Your Requested Domain is not available upon commencement of IDN Open Registration or up to 48 hours following such commencement, We will refund You in full directly to Your payment card without any further charge.
- 18.6. You agree:
- 18.6.1. and acknowledge that when making a Pre-Order for IDN Open Registration Your nominated payment card in Your account will be preauthorised up to 72 hours before Open Registration commences so that Your order can be passed to the .eu Registry;
- 18.6.2. and acknowledge that it is Your responsibility to keep these details up to date and accurate during this period and Your application will not be submitted to the .eu Registry without a successful preauthorisation. Such preauthorisation is only conducted to ensure payment funds will be available and that full payment may be taken immediately following any successful registration. No payment will be taken for unsuccessful registrations and the authorisation will be released immediately for the same.
- 18.6.3. and acknowledge that IDN Domain Name(s) are stored in the Domain Name System as ASCII strings using punycode format.
- 18.6.4. and acknowledge that We cannot guarantee that all web browsers, email clients and other devices for accessing the Internet will recognise a native IDN Domain Name. In any event, they may convert the IDN Domain Name You enter into an alternate format to reach the destination address using the Domain Name System punycode format.
- 18.6.5. to release, defend, indemnify and hold Us, Our subsidiaries, affiliates, shareholders, agents, directors, officer and employees harmless, from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to the Requested Domain, and/or Your use of the Requested Domain.
- 18.7. .eu domain names are available for registration to companies and persons who fulfil the following criteria, which as a condition of registration, You represent that You are:
- 18.7.1. an undertaking having its registered office, central administration or principal place of business within the European Community;
- 18.7.2. an organization established within the European Community without prejudice to the application of national law; or
- 18.7.3. a natural person resident within the European Community.
- 18.8. You acknowledge and agree to be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website, including, without limitation, http://www.eurid.eu/files/reg_pol_EN.pdf and http://www.eurid.eu/files/trm_con_EN.pdf.
- 18.9. You are responsible for monitoring the .eu Registry's site on a regular basis. In the event that You do not wish to be bound by a revision or modification to any .eu Registry policy, Your sole remedy is to cancel Your Requested Domain by following the appropriate .eu Registry policy regarding such cancellation.
- 18.10. You acknowledge and agree that, if the registration or reservation of Your Requested Domain is challenged by a third party, You will be subject to the provisions specified by the Registry or any court of law.
- .FR DOMAINS:
In the case of a ".fr" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 19.1. .fr domain names are available for registration to companies and persons who fulfil the following criteria, which as a condition of registration, You represent that You are:
- 19.1.1. a legal entity whose head office is in France;
- 19.1.2. a legal entity which possess an address in France which is expressly listed in the public electronic databases of the registrars of the commercial courts or the National Statistical and Economic Studies Institute (INSEE);
- 19.1.3. state institutions or departments, local authorities or associated establishments;
- 19.1.4. a legal entity which own a trademark registered with the National Intellectual Property Institute or own a registered EU or international trademark which expressly includes French territory;
- 19.1.5. a natural person of French nationality;
- 19.1.6. a natural person of foreign nationality who is domiciled in France; or
- 19.1.7. a natural person who owns a trademark registered with the National Intellectual Property Institute or owns a registered EU or international trademark which expressly includes French territory.
- 19.2. You shall designate an administrative contact to act as a coordinator between You and the Registry. In the case of .fr registrations, the administrative contact must be based in France where it can receive legal and other documents.
- 19.3. You acknowledge and agree :
- 19.3.1. to be bound by the following terms and conditions:
- 19.3.2. that, if the registration or reservation of Your Requested Domain is challenged by a third party, You will be subject to the provisions specified by the Registry or any court of law.
- 19.3.3. that in the event a dispute arises with any third party in relation to a Requested Domain, You will indemnify and hold Us harmless pursuant to the terms and conditions specified by the Registry or any court of law.
- 19.4 French and European law on data processing allows all registrants to oppose, query and rectify information concerning themselves. This can be done free of charge via your control panel, via email, via post or via telephone.
- 19.5 Data provided for the registration of a .fr domain name is stored in accordance with France's data protection authority (CNIL).
- .IT DOMAINS:
In the case of a ".it" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 20.1. You acknowledge and agree:
- 20.1.1. that the registration of an .it Domain Name is restricted to subjects belonging to a member state of the European Union;
- 20.1.2. that individuals and associations operating without a VAT number or a fiscal code are limited to a single .it Domain Name registration.
- 20.1.3. to be bound by the following terms and conditions of the .it Registry available at http://www.nic.it/NA/regole-naming-curr-engl.txt and http://www.nic.it/NA/index-engl.html as amended from time to time.
- 20.1.4. You are responsible for monitoring the .it Registry's site on a regular basis. In the event that You do not wish to be bound by a revision or modification to any .it Registry policy, Your sole remedy is to cancel Your Requested Domain by following the appropriate .it Registry policy regarding such cancellation.
- .NL DOMAINS:
In the case of a ".nl" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 21.1. You acknowledge and agree:
- 21.1.1. that registration of a .nl Domain Name is unrestricted save and except that applicants who are not based in the Netherlands or who do not have a registered address in the Netherlands must provide an address in the Netherlands where written documents can be sent to the applicant and where legal summonses can be served.
- 21.1.2. to be bound by the policies of the .nl Registry including but not limited to the Registry's Registration Regulations available at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations and the .nl dispute resolution policy and procedures available at http://www.domain-registry.nl/sidn_english/flat/General/Rules/Regulations_for_arbitration_on_.nl_domain_names/index.html.
- 21.1.3. if the registration or reservation of Your Requested Domain is challenged by a third party, You will be subject to the provisions specified by the Registry or any court of law.
- 21.1.4. You agree that in the event a dispute arises with any third party in relation to the Requested Domain, You will indemnify and hold Us harmless pursuant to the terms and conditions specified by the .it Registry or any court of law.
- .TV DOMAINS:
In the case of a ".tv" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 22.1. You acknowledge and agree:
- 22.1.1. to be bound by the .tv dispute policy available at http://www.icann.org/dndr/udrp/policy.htm.
- 22.1.2. that Your registration of the Requested Domain shall be subject to suspension, cancellation, or transfer pursuant to any ICANN or government adopted policy, or pursuant to any of Our or the Registry's procedures not inconsistent with an ICANN or government-adopted policy:
- 22.1.2.1. to correct mistakes by Us or the applicable Registry in registering the Requested Domain; or
- 22.1.2.2. for the resolution of disputes concerning the Requested Domain.
- 22.1.3. that You have read and understood the .tv General Terms of Service which may be found at http://www.tv/en-def-5066945b5fcc/en/policies/tos.shtml as amended from time to time.
- .CO.UK, .ORG.UK, LTD.UK, NET.UK, PLC.UK AND ME.UK DOMAINS:
In the case of a "co.uk, ".org.uk", "ltd.uk", "net.uk", "plc.uk" or "me.uk" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 23.1. The following definition shall apply in this clause 23:
- 23.1.1. "Nominet UK" means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
- 23.2. You acknowledge and agree:
- 23.2.1. to be bound by Nominet UK's terms and conditions available at http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms/ as amended from time to time and the dispute policy available at: http://www.nominet.org.uk/disputes/ as amended from time to time.
- 23.2.2. that Your Requested Domain shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK adopted policy, term or condition, or pursuant to any of Our or the Registry's procedures not inconsistent with a Nominet UK adopted policy:
- 23.2.2.1. to correct mistakes by Us or the Registry in registering the Requested Domain; or
- 23.2.2.2. for the resolution of disputes concerning the Requested Domain.
- 23.2.3. that We will act as agents on Your behalf by submitting Your application to Nominet for You. However, You will still be entering into a direct contract with Nominet UK as noted in Nominet UK's terms and conditions.
- 23.2.4. that by accepting Nominet UK's terms and conditions You are consenting to Nominet using Your personal data for a variety of reasons and Nominet's privacy policy is available at http://www.nominet.org.uk/privacypolicy/. In particular, Your name and address may be published as part of Nominet's Whois look-up service.
- 23.2.5. that any transfer of ownership in and to a Requested Domain shall be affected in accordance with Nominet UK policies and procedures.
- .US DOMAINS:
In the case of a ".us" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 24.1. The following definitions shall apply in this clause 24:
- 24.1.1. "DOC" means the United States of America Department of Commerce.
- 24.1.2. "Registry Operator" means Neustar, Inc., the company authorized to facilitate the registration of .us Domain Names.
- 24.2. You acknowledge and agree that only those individuals or organizations that have a substantive lawful connection in the United States are permitted to register for .us domain names. Those wishing to register .us domain names must satisfy the nexus requirement ("Nexus" or "Nexus Requirements") set out at: http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
- 24.3. You represent that:
- 24.3.1. You have and shall continue to have, a bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States as defined in clause 24.2;
- 24.3.2. the listed Name Servers are located within the United States;
- 24.3.3. You have the authority to enter into this Contract.
- 24.4. You acknowledge and agree:
- 24.4.1. to be bound by the following policies, procedures, terms and conditions:
- 24.4.2. that, for the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of Your domicile and (ii) the United States.
- 24.4.3. that the Requested Domain shall be subject to suspension, cancellation, or transfer pursuant to any Registry Operator, DOC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC or government adopted policy:
- 24.4.3.1. to correct mistakes by Us or the applicable Registry in registering the Requested Domain; or
- 24.4.3.2. for the resolution of disputes concerning the Requested Domain.
-
- 24.5. You agree to release, defend, indemnify and hold Us and DOC, or either of Our or DOC's subsidiaries, affiliates, shareholders, agents, directors, officers and employees harmless, from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to the Requested Domain, and/or Your use of the Requested Domain.
- 24.6. You shall ensure that the IP addresses and names of the primary Name Server and any secondary Name Server(s) for the Requested Domain is true, current, complete and accurate at all times.
- 24.7. You shall comply with the Nexus Information requirements as set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
- 24.8. You further agree and acknowledge that:
- 24.8.1. We will make domain name registration information You provide available to the DOC, to the Registry Operator, and to other third parties as applicable.
- 24.8.2. We may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information You provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by the DOC and other applicable laws.
- 24.9. You hereby consent to any and all disclosures under clauses 24.8.1 and 24.8.2 and the use of information provided by You in connection with the registration of the Requested Domain (including any updates to such information), whether during or after the term of Your registration of the Requested Domain. You hereby irrevocably waive any and all claims and causes of action You may have arising from such disclosure or use of Your Requested Domain information by Us.
- .CO DOMAINS:
In the case of a ".co" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 25.1. The following definitions shall apply in this clause 25:
- 25.1.1. "Sunrise" means the period identified in clause 25.2 when .co Domain Names are available for purchase by valid registered trademark holders as defined by the .co Registry in their Sunrise Policy Document found here.
- 25.1.2. "Landrush" means the period identified in clause 25.2 when .co Domain Names will be available for public purchase with a premium attached to the purchase price of the .co Domain Names by the .co Registry.
- 25.1.3. "General Availability" means the period identified in clause 25.2 when .co Domain Names will be available for public purchase without any premium attached to the purchase price of the .co Domain Names by the .co Registry.
- 25.1.4. "Pre-Orders" means the facility whereby, before each period indentified in clauses 25.1.1, 25.1.2 and 25.1.3 commences, You can request .co Domain Names for registration by Us upon the commencement of each period.
- 25.2. The Sunrise period will commence at 18:00:01 Universal Time Coordinated ("UTC") on the 26th April 2010 until 17:59:59 on the 10th June 2010. The Landrush period will commence at 18:00:01 UTC on the 21st June 2010 until 17:59:59 UTC on the 13th July 2010. General Availability will commence at 18:00:01 UTC on 20th July 2010. Pre-Orders for Sunrise, Landrush and General Availability will open from from 10:00:01 GMT on the 15th March 2010.
- 25.3. Pre-Orders cannot be cancelled, are non-transferrable and cannot be substituted, regardless of any financial consideration that We may have taken in deposit for a Pre-Order. Bulk pricing will only be applied on an order by order basis and not accumulated across all Pre-Order's placed. Bulk pricing discounts will apply to each item within Your order, regardless of the Domain Name We secure for You.
- 25.4. Landrush orders are an application to purchase a Domain Name(s) during Landrush. If more than one application is made to the .co Registry for the same Domain Name, You will be entered into an auction with the other applicants and the highest bidder will secure the Domain Name(s). The auction process will be dealt with directly between You and a third party appointed by the .co Registry, including the payment of any auction price for the Requested Domain. We will not be responsible for the auction process, including but not limited to the creation, use or receipt of any usernames or passwords necessary for Your participation in the auction. If You are successful at auction, the final auction price, which You will be required to pay directly to the Registry or other third party (as instructed by the Registry or other third party), will be payable in addition to Our Fees for the Requested Domain, including any applicable premium. If You do not secure the Requested Domain during auction, We will refund Your original fee minus a handling fee of
10
EURO
to Your original payment card within 7 days of such notification from the .co Registry . If You are the only applicant, the Requested Domain will be assigned to You upon notification from the .co Registry following the Landrush period. You acknowledge and agree that We will not be liable if You do not secure the Requested Domain during Landrush or where the Requested Domain is entered into an auction.
- 25.4. Sunrise orders are an application to purchase a Domain Name(s) during Sunrise. If more than one application is made to the .co Registry meeting the Policies and Procedures shown in Clause 25.1.1, for the same Domain Name, You will be entered into an auction with the other applicants and the highest bidder will secure the Domain Name(s). The auction process will be dealt with directly between You and a third party appointed by the .co Registry, including the payment of any auction price for the Requested Domain. We will not be responsible for the auction process, including but not limited to the creation, use or receipt of any usernames or passwords necessary for Your participation in the auction. If You are successful at auction, the final auction price, which You will be required to pay directly to the Registry or other third party (as instructed by the Registry or other third party), will be payable in addition to Our Fees for the Requested Domain, including any applicable premium. If You do not secure the Requested Domain during auction, We will not refund Your original fee. You acknowledge and agree that We will not be liable if You do not secure the Requested Domain during Sunrise by failure to meet the Sunrise Policy and Procedures as shown in clause 25.1.1 or where the Requested Domain is entered into an auction.
- 25.6. You acknowledge that Pre-Orders for General Availability are not live registrations and therefore We cannot guarantee that We will secure any Domain Name(s). All applications made during the General Availability Pre-Order period are done so at Your own risk and We will not be held liable for any Domain Name(s) that are not secured during General Availability.
- 25.7. You agree:
- 25.7.1. and acknowledge that when making a Pre-Order for General Availability Your nominated payment card in Your account will be preauthorised up to 7 days before General Availability commences so that Your order can be passed to the .co Registry;
- 25.7.2. and acknowledge that it is Your responsibility to keep these details up to date and accurate during this period and that Your application will not be submitted to the .co Registry without a successful preauthorisation. Such preauthorisation is only conducted to ensure payment funds will be available and that full payment may be taken immediately following any successful registration. No payment will be taken for unsuccessful registrations and the authorisation will be released immediately for the same.
- 25.7.3. to release, defend, indemnify and hold Us, Our subsidiaries, affiliates, shareholders, agents, directors, officers and employees harmless from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to, the Requested Domain, and/or Your use of the Requested Domain.
- 25.7.4. to be bound by the Polices and Procedures of the .co Registry, available at http://www.cointernet.co/domain/policies-procedures
- 25.8. Registrations when General Availability commences are dealt with on a first come first served basis. If Your Requested Domain is not available upon commencement of General Availability or up to 48 hours following such commencement, We will refund You in full directly to Your payment card without any further charge.
- 25.9. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- .GR.COM DOMAINS:
In the case of a ".gr.com" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 26.1. The following definitions shall apply in this clause 26:
- 26.1.1. "Landrush" means the period identified in clause 26.1 when .gr.com Domain Names will be available for public purchase with a premium attached to the purchase price of the .gr.com Domain Names by the .gr.com Registry.
- 26.1.2. "General Availability" means the period identified in clause 26.1 when .gr.com Domain Names will be available for public purchase without any premium attached to the purchase price of the .gr.com Domain Names by the .gr.com Registry.
- 26.1.3. "Pre-Orders" means the facility whereby, before each period identified in clauses 26.1.1 and 26.1.2 commences, You can request .gr.com Domain Names for registration by Us upon the commencement of each period.
- 26.1.4 The Landrush period will commence at 18:00:00 GMT on the 10th January 2011 until 18:00:00 GMT on the 6th February 2011. General Availability will commence at 15:00:00 GMT on 8th February 2011. Pre-Orders for Landrush and/or General Availability will open from from 10:00:00 GMT on the 12th January 2011.
- 26.2. Pre-Orders cannot be cancelled, are non-transferrable and cannot be substituted, regardless of any financial consideration that We may have taken in deposit for a Pre-Order. Bulk pricing will only be applied on an order by order basis and not accumulated across all Pre-Order's placed. Bulk pricing discounts will apply to each item within Your order, regardless of the Domain Name We secure for You.
- 26.3. Landrush orders are an application to purchase a Domain Name(s) during Landrush. If more than one application is made to the .gr.com Registry for the same Domain Name, You will be entered into an auction with the other applicants and the highest bidder will secure the Domain Name(s). The auction process will be dealt with directly between You and a third party appointed by the .gr.com Registry, including the payment of any auction price for the Requested Domain. We will not be responsible for the auction process, including but not limited to the creation, use or receipt of any usernames or passwords necessary for Your participation in the auction. If You are successful at auction, the final auction price, which You will be required to pay directly to the Registry or other third party (as instructed by the Registry or other third party), will be payable in addition to Our Fees for the Requested Domain, including any applicable premium. If You do not secure the Requested Domain during auction, We will refund Your original fee minus a handling fee of 10
EURO
to Your original payment card within 7 days of such notification from the .gr.com Registry . If You are the only applicant, the Requested Domain will be assigned to You upon notification from the .gr.com Registry following the Landrush period. You acknowledge and agree that We will not be liable if You do not secure the Requested Domain during Landrush or where the Requested Domain is entered into an auction.
- 26.4. You acknowledge that Pre-Orders for General Availability are not live registrations and therefore We cannot guarantee that We will secure any Domain Name(s). All applications made during the General Availability Pre-Order period are done so at Your own risk and We will not be held liable for any Domain Name(s) that are not secured during General Availability.
- 26.5. You agree:
- 26.5.1. to release, defend, indemnify and hold Us, Our subsidiaries, affiliates, shareholders, agents, directors, officers and employees harmless from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to, the Requested Domain, and/or Your use of the Requested Domain.
- 26.5.2. to be bound by the Policies and Procedures of the .gr.com Registry, available at http://www.domain.gr.com/
- 26.6. Registrations when General Availability commences are dealt with on a first come first served basis. If Your Requested Domain is not available upon commencement of General Availability or up to 48 hours following such commencement, We will refund You in full directly to Your payment card without any further charge.
- 26.7. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- .SO DOMAINS:
In the case of a ".so" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 27.1. The following definitions shall apply in this clause 27:
- 27.1.1. "Landrush" means the period identified in clause 27.1 when .so Domain Names will be available for public purchase with a premium attached to the purchase price of the .so Domain Names by the .so Registry.
- 27.1.2. "General Availability" means the period identified in clause 27.1 when .so Domain Names will be available for public purchase without any premium attached to the purchase price of the .so Domain Names by the .so Registry.
- 27.1.3. "Pre-Orders" means the facility whereby, before each period identified in clauses 27.1.1 and 27.1.2 commences, You can request .so Domain Names for registration by Us upon the commencement of each period.
- 27.1.4 The Landrush period will commence at 00:00:00 UTC on the 17th January 2011 until 11:59:00 UTC on the 28th February 2011. General Availability will commence at 00:00:00 UTC on 1st April 2011. Pre-Orders for Landrush and/or General Availability will open from from 10:00:01 GMT on the 12th January 2011.
- 27.2. Pre-Orders cannot be cancelled, are non-transferrable and cannot be substituted, regardless of any financial consideration that We may have taken in deposit for a Pre-Order. Bulk pricing will only be applied on an order by order basis and not accumulated across all Pre-Order's placed. Bulk pricing discounts will apply to each item within Your order, regardless of the Domain Name We secure for You.
- 27.3. Landrush orders are an application to purchase a Domain Name(s) during Landrush. If more than one application is made to the .so Registry for the same Domain Name, You will be entered into an auction with the other applicants and the highest bidder will secure the Domain Name(s). The auction process will be dealt with directly between You and a third party appointed by the .so Registry, including the payment of any auction price for the Requested Domain. We will not be responsible for the auction process, including but not limited to the creation, use or receipt of any usernames or passwords necessary for Your participation in the auction. If You are successful at auction, the final auction price, which You will be required to pay directly to the Registry or other third party (as instructed by the Registry or other third party), will be payable in addition to Our Fees for the Requested Domain, including any applicable premium. If You do not secure the Requested Domain during auction, We will refund Your original fee minus a handling fee of 5
EURO
to Your original payment card within 7 days of such notification from the .so Registry . If You are the only applicant, the Requested Domain will be assigned to You upon notification from the .so Registry following the Landrush period. You acknowledge and agree that We will not be liable if You do not secure the Requested Domain during Landrush or where the Requested Domain is entered into an auction.
- 27.4. You acknowledge that Pre-Orders for General Availability are not live registrations and therefore We cannot guarantee that We will secure any Domain Name(s). All applications made during the General Availability Pre-Order period are done so at Your own risk and We will not be held liable for any Domain Name(s) that are not secured during General Availability.
- 27.5. You agree:
- 27.5.1. to release, defend, indemnify and hold Us, Our subsidiaries, affiliates, shareholders, agents, directors, officers and employees harmless from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to, the Requested Domain, and/or Your use of the Requested Domain.
- 27.5.2. to be bound by the Policies and Procedures of the .so Registry, available at http://www.soregistry.so/
- 27.6. Registrations when General Availability commences are dealt with on a first come first served basis. If Your Requested Domain is not available upon commencement of General Availability or up to 48 hours following such commencement, We will refund You in full directly to Your payment card without any further charge.
- 27.7. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- .XXX DOMAINS:
In the case of a ".xxx" Requested Domain, the following terms and conditions will apply and be incorporated into the Contract:
- 28.1. The following definitions shall apply in this clause 28:
- 28.1.1. "Sunrise" means the period identified in clause 28.2 as defined by the .xxx Registry on their website at http://www.icmregistry.com/. It comprises of a) The Adult Trademark period "AT" when .xxx Domain Names can be purchased by members of the Adult Community; b) The Adult Existing Domain Name period "AD" when Domain Names can be purchased by members who prove existence of a corresponding Adult Domain Name prior to 00:00:00 UTC on 1st February 2010 and c) The Sunrise B Period "SRB" when applications to block the purchase of a Domain Name are available for purchase by a registered trademark holder.
- 28.1.2. "Landrush" means the period identified in clause 28.2 when .xxx Domain Names will be available for public purchase with a premium attached to the purchase price of the .xxx Domain Names by the .xxx Registry.
- 28.1.3. "General Availability" means the period identified in clause 28.2 when .xxx Domain Names will be available for public purchase without any premium attached to the purchase price of the .xxx Domain Names by the .xxx Registry.
- 28.1.4. "Pre-Orders" means the facility whereby, before each period identified in clauses 28.1.1, 28.1.2 and 28.1.3 commences, You can request .xxx Domain Names for registration by Us upon the commencement of each period.
- 28.2. The Sunrise period will commence in September 2011. The Landrush period will follow Sunrise and commence in October 2011. General Availability will follow Landrush and commence in December 2011. Pre-Orders for Sunrise, Landrush and General Availability will open from from 10:00:01 UTC on the 24th May 2011.
- 28.3. You acknowledge that your first order for .xxx Domain Names for all periods as identified in clauses 28.1.1, 28.1.2 and 28.1.3 require Your contact details to be verified directly with the Registry at an additional Fee of 25 USD by the Registry before the Domain Name will resolve.
- 28.4. Pre-Orders cannot be cancelled, are non-transferable and cannot be substituted, regardless of any financial consideration that We may have taken in deposit for a Pre-Order. Bulk pricing will only be applied on an order by order basis and not accumulated across all Pre-Order's placed. Bulk pricing discounts will apply to each item within Your order, regardless of the Domain Name We secure for You.
- 28.5. Landrush orders are an application to purchase a Domain Name(s) during Landrush. If more than one application is made to the .xxx Registry for the same Domain Name, You will be entered into an auction with the other applicants and the highest bidder will secure the Domain Name(s). The auction process will be dealt with directly between You and a third party appointed by the .xxx Registry, including the payment of any auction price for the Requested Domain. We will not be responsible for the auction process, including but not limited to the creation, use or receipt of any usernames or passwords necessary for Your participation in the auction. If You are successful at auction, the final auction price, which You will be required to pay directly to the Registry or other third party (as instructed by the Registry or other third party), will be payable in addition to Our Fees for the Requested Domain, including any applicable premium. If You do not secure the Requested Domain during auction, We will refund
30 EURO
to Your original payment card within 7 days of such notification from the .xxx Registry . If You are the only applicant, the Requested Domain will be assigned to You upon notification from the .xxx Registry following the Landrush period. You acknowledge and agree that We will not be liable if You do not secure the Requested Domain during Landrush or where the Requested Domain is entered into an auction.
- 28.6. AT and AD Sunrise orders as defined in Clause 28.1.1, are an application to purchase a Domain Name(s) during Sunrise and they take priorty over orders placed for SRB Sunrise orders. If more than one application is made to the .xxx Registry meeting the Policies and Procedures shown in Clause 28.1.1, for the same Domain Name, You will be entered into an auction with the other applicants and the highest bidder will secure the Domain Name(s). The auction process will be dealt with directly between You and a third party appointed by the .xxx Registry, including the payment of any auction price for the Requested Domain. We will not be responsible for the auction process, including but not limited to the creation, use or receipt of any usernames or passwords necessary for Your participation in the auction. If You are successful at auction, the final auction price, which You will be required to pay directly to the Registry or other third party (as instructed by the Registry or other third party), will be payable in addition to Our Fees for the Requested Domain, including any applicable premium. If You are the only applicant, the Requested Domain will be assigned to You upon notification from the .xxx Registry following the Sunrise period. AT Sunrise orders are non refundable. If You place an AD Sunrise order and do not secure the Requested Domain during auction, We will refund
30 EURO
to Your original payment card within 7 days of such notification from the .xxx Registry . If You are the only applicant, the Requested Domain will be assigned to You upon notification from the .xxx Registry following the Sunrise period. You acknowledge and agree that We will not be liable if You do not secure the Requested Domain during Sunrise by failure to meet the Sunrise Policy and Procedures as shown in clause 28.1.1 or where the Requested Domain is entered into an auction.
- 28.7. SRB Sunrise orders are orders to block the registration of a Domain Name as defined in Clause 28.1.1 and AT and AD Sunrise orders take priorty over them. You acknowledge and agree that We will not be liable for Your failure to meet the Sunrise Policy and Procedures as shown in clause 28.1.1. If Your application is unsuccessful We will not refund Your original Fee.
- 28.8. You acknowledge that Pre-Orders for General Availability are not live registrations and therefore We cannot guarantee that We will secure any Domain Name(s). All applications made during the General Availability Pre-Order period are done so at Your own risk and We will not be held liable for any Domain Name(s) that are not secured during General Availability.
- 28.9. You agree:
- 28.9.1. and acknowledge that when making a Pre-Order for General Availability Your nominated payment card in Your account will be preauthorised up to 7 days before General Availability commences so that Your order can be passed to the .xxx Registry;
- 28.9.2. and acknowledge that it is Your responsibility to keep these details up to date and accurate during this period and that Your application will not be submitted to the .xxx Registry without a successful preauthorisation. Such preauthorisation is only conducted to ensure payment funds will be available and that full payment may be taken immediately following any successful registration. No payment will be taken for unsuccessful registrations and the authorisation will be released immediately for the same.
- 28.9.3. to release, defend, indemnify and hold Us, Our subsidiaries, affiliates, shareholders, agents, directors, officers and employees harmless from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to, the Requested Domain, and/or Your use of the Requested Domain.
- 28.9.4. and acknowledge that in order to own a .xxx Domain Name you must be a member of the Adult Community as defined by the .xxx Registry on their website at http://www.icmregistry.com/
- 28.9.4. to be bound by the Polices and Procedures of the .xxx Registry, available on their website at http://www.icmregistry.com/
- 28.10. Registrations when General Availability commences are dealt with on a first come first served basis. If Your Requested Domain is not available upon commencement of General Availability or up to 48 hours following such commencement, We will refund You in full directly to Your payment card without any further charge.
- 28.11. For the adjudication of disputes concerning or arising from use of the Requested Domain, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) Your domicile, and (2) where Infinitium Corporation is head quartered.
- .UK DOMAIN PRE-ORDERS:
In the case of a ".uk" Requested Domain Pre-Order, the following terms and conditions will apply and be incorporated into the Contract:
- 29.1. These terms apply should You seek to register a .uk domain name.
- 29.2. Pre-ordering of .uk domain names operates on a first come first served basis. For the avoidance of all doubt, We may only offer Pre-Orders of .uk domains in the following situations:
- 29.2.1. Where You are at least 18 years of age;
- 29.2.2. Where You are overseas, an address for service in the UK is provided upon placing a Pre-Order. You acknowledge and understand that PO Boxes will be unacceptable as an address.;
- 29.2.3. Where You have a pre-registered .co.uk domain equivalent to the sought after .uk domain name as a Pre-Order is bound by the registration of the equivalent.The ability to add a Pre-Order will only show if all the equivalent .co.uk, .org.uk, .me.uk, .ltd.uk, .plc.uk and .net.uk domains are available for registration.
- 29.2.4. Where .co.uk domains You have previously registered, post 29th October 2013 00:00 GMT do not have a corresponding registration in any of the other 3rd level .uk domains (.org.uk, .me.uk, .ltd.uk, .plc.uk and .net.uk) registered pre 28th October 2013 23:59 GMT;
- 29.2.5. Where You, applying for the Pre-Order meets the following criteria:
- 29.2.5.1. Your .co.uk domain was registered pre-28th October 2013 23:59;
- 29.2.5.2. Where no .co.uk is registered, the .org.uk is registered pre-28th October 2013 23:59 GMT;
- 29.2.5.3. Where no .co.uk or .org.uk is registered, the .me.uk is registered pre-28th October 2013 23:59 GMT.
- 29.3. Once You have a Pre-Order for a .uk domain other persons (or in fact You) cannot seek to Pre-Order the same .uk domain.
- 29.4. In the event that You transfer the pre-existing third level .uk domain away from Us or it is cancelled before any Pre-Order is successful, any Pre-Order of the .uk equivalent shall be cancelled and no refunds shall be made
- 29.5. Applications are at the discretion of the registry in accordance with their terms and conditions
- 29.6. .uk Pre-Order domain names will be charged at the price advertised on Our website or the email communication provided to You who has registered .co.uk domain names. These prices exclude VAT.
- 29.7. Successfully pre-ordered .uk domains will be registered for 1 year.
- 29.8. If You are unsuccessful in registering Your Pre-Order .uk domain any fees paid are non-refundable. You acknowledge that whilst reasonable endeavours will be used to register a .uk domain, We do not accept any liability if the .uk Registry (for whatsoever reason) is incapable of registering the domain name.
- 29.9. We do not take responsibility for any unsuccessful applications based on incorrect information entered by You.
- 29.10. We do not accept liability for the unsuccessful registration of a Pre-Order which is caused by unforeseen circumstances.
- 29.11. Payment for the relevant domain, You have registered will be taken at the time of placing the order.
- 29.12. You acknowledge that the "Launch Date" of 10th June 2014 is not within Our control and is therefore subject to change.
- 29.13. After the Launch Date We shall cease to offer the Pre-Order service for .uk domain names.
- 29.14. You acknowledge that .uk domains purchased through Us do not come with a WHOIS Privacy service.
- 29.15. Our Pre-Order process of .uk domain names is subject to Our General Terms and Conditions. If there is any conflict between these Pre-Order .uk terms and the General terms, then the terms set out herein shall prevail.
- 29.16. We reserve the right to end this service, extend this service and or amend the terms and conditions of this service at any time without Your prior notice or consent. Reasonable usage applies.