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DOMAIN NAME REGISTRATION AGREEMENT FOR .BIZ TOP LEVEL DOMAIN (TLD)
This Registration
Agreement ("Agreement") sets forth the terms and conditions
of your use of the NameServices domain name registration services
to register an Internet domain name, as well as your registration
of that domain name. To complete the registration process, you must
acknowledge that you have read, understood, and agree to be bound
by all terms and conditions of this Agreement, the accompanying dispute
policy and any rules or policies that are or may be published by NameServices
from time to time. This Agreement will become effective when accepted
by NameServices. NameServices may elect to accept or reject your domain
name registration application for any reason at its sole discretion,
such rejection including, but not limited to, rejection due to a request
for registration of a prohibited domain name.
- What We Do
AITDomains,
or aitdomains.com, is an accredited registrar with the Internet
Corporation for Assigned Names and Numbers ("ICANN") for
the .com, .net, .org, .biz, and .info TLDs. ICANN oversees registry
administrators (Registry Operators), who in turn oversee these TLDs.
As an accredited domain name registrar, AITDomains is, upon accepting
your domain name registration application, your sponsor for that
application. No domain name registrations we register for .com,
.net, .org, .biz, and .info are not effective until we have delivered
the domain name registration information you provide us to the Registry
Operator for the appropriate TLD, as applicable, and the Registry
Operator puts into effect your domain name registration. Currently,
the Registry Operator for the .com, .net and .org TLDs is VeriSign,
Inc. The Registry Operator for the .biz TLD is presently NeuLevel,
Inc., and for the .info TLD is Afilias, Ltd.
The relationship
between you, as a Registrant, and aitdomains.com will be governed
in large part by prior understandings between aitdomain.com and
the Registry Operators, and by prior understandings between the
Registry Operators and ICANN. ICANN standards, policies, procedures,
and practices for which each Registry Operator has monitoring responsibility
in accordance with the Registry Agreement or other arrangement with
ICANN shall take precedence over anything in this Agreement, in
the event of conflict(s).
Operational
standards, policies, procedures, and practices for the Registry
TLD established from time to time by the Registry Operator in a
non-arbitrary manner and applicable to all registrars, including
affiliates of the Registry Operator, and consistent with ICANN’s
standards, policies, procedures, and practices, and the Registry
Operator’s Registry Agreement with ICANN, shall also take
precedence over this Agreement in the event of conflict(s). Additional
or revised Registry Operator operational standards, policies, procedures,
and practices for the Registry TLD shall be effective upon thirty
days notice by the Registry Operator to aitdomains.com, the Registrar.
Entering
into this Agreement requires you to agree and acknowledge that AITDomains
is not liable or responsible in any way for any errors, omissions,
or any other actions by ICANN or by the Registry Operator arising
out of or related to your application and receipt of, or failure
to receive, a domain name registration.
You further
agree to indemnify, defend, and hold harmless the Registry Operator
and its 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 related to,
your domain name registration.
- Fees
As consideration
for the domain name registration services provided by AITDomains
to you, you agree to pay AITDomains, prior to the effectiveness
of the desired domain name registration, the amounts set forth by
AITDomains, for the initial registration of the domain name and,
should you choose to renew the registration, for subsequent renewals
of the registration. All fees are non-refundable, in whole or in
part, even if your domain name registration is suspended, cancelled,
or transferred prior to the end of your then-current registration
term. Your requested domain name will not be registered unless we
receive actual payment of the registration fee, or reasonable assurance
of payment of the registration fee from some other entity (such
reasonable assurance to be determined by AITDomains in its sole
discretion).
In the event
of a charge-back by a credit card company (or similar action by
another payment provider allowed by us) in connection with the payment
of the registration or renewal fee for your domain name registration,
you agree and acknowledge that the domain name registration shall
be transferred to AITDomains as the paying entity for that registration
to the Registry Operator. We will reinstate your domain name registration
solely at our discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current reinstatement fee,
presently set at US $200.
We will
make reasonable efforts to send you a notice or reminder within
the sixty (60) days immediately before your current registration
period expires. Ultimately, however, the responsibility for initiating
renewal is yours alone, and aitdomains has NO LIABILITY in connection
therewith. If you wish to renew the registration, you must notify
us and pay a renewal fee. Should you fail to notify us, or should
the renewal fee go unpaid within the time specified in a second
notice or reminder, your registration will be cancelled. To notify
us and pay the renewal fee, you must log into your account via the
aitdomains web site, and follow the precise steps outlined there.
- Dispute Policy(ies)
Entering
into this Agreement requires that you, the Applicant, acknowledge
having read and understood, and that you agree to be bound by, the
terms and conditions of the following document, as it may be amended
by AITDomains from time to time, which is hereby incorporated and
made an integral part of this Agreement: The AITDomains Domain Name
Dispute Policy (“AITDomains Dispute Policy"), which can
be found at < http://aitdomains.com/legal/dispute.htm >.Certain
disputes, as specified in the AITDomains Dispute Policy, are subject
to and governed by that Policy. You agree that you will be subject
to and governed by the provisions specified in the AITDomains Dispute
Policy in effect at the time your domain name registration is disputed
by a third party, in the event such dispute arises. You also agree
that, in the event a domain name dispute arises with any third party,
you will indemnify and hold AITDomains harmless, pursuant to the
terms and conditions contained in the AITDomains Dispute Policy.
If you are
an Applicant for a domain name in the .biz TLD, you further acknowledge
having read and understood, and you agree to be bound by, the terms
and conditions of the following additional documents, as they may
be amended from time to time, which are hereby incorporated and
made an integral part of this Agreement: i. The Uniform Domain
Name Dispute Resolution Policy (“UDRP”), available at
< http://www.icann.org/udrp/udrp.htm >;ii. The Start-up
Dispute Resolution Policy (“SUDRP”), available at <
http://www.neulevel.biz/countdown/stop.html >; andiii. The
Restrictions Dispute Resolution Criteria and Rules (“RDRP”),
available at < http://www.neulevel.biz/countdown/rdrp.html
>.
- Modifications
to Registration Agreement and to AITDomains Dispute Policy You
acknowledge that the domain name system and the practice of registering
and administering domain names are evolving, and therefore you agree
that AITDomains may modify this Agreement and the AITDomains Dispute
Policy, if necessary to comply with its ICANN Agreement and its
Agreement with the Registry Operator(s), and any related Agreements
that AITDomains is currently bound by or will be bound by in the
future, as well as to adjust to changing business circumstances.
Your continued
use of the domain name registered to you shall constitute your acceptance
of this Agreement, and of the AITDomains Dispute Policy, with any
such modifications. If you do not agree to such changes, you may
request that your domain name registration be cancelled or transferred
to a different domain name registrar. You agree that such cancellation
or request for transfer will be your exclusive remedy if you do
not wish to abide by any changes to this Agreement or the AITDomains
Dispute Policy.
- Domain Name
Registration Information and Its Use
a. Information You Are Required to Submit. As part of the registration
process and agreement, you are required and you agree to provide
certain true, correct, up to date, and accurate information, and
to update promptly this information as needed to keep it true, correct,
up to date, and accurate. The information you are obligated to provide
in connection with the domain name you are registering is the following:
i. Your name and postal address (or, if different, that of the domain
name holder);
ii. The domain name being registered;
iii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the administrative contact for
the domain name; and
iv. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the billing contact for the domain
name. You agree and acknowledge that when you renew your domain
name registration, the type of information you are required to provide
may have changed. You agree and acknowledge that if you do not wish
to provide the new required information, your registration may not
be renewed. All other information which we may request from
you at registration is voluntary. However, not providing this information
may prevent you from obtaining certain products and services made
available to domain name Registrants by us, other than and in addition
to registration of the domain name.
b. Domain Names for .biz TLD. If applying to register a domain name
in the .biz TLD, the Applicant expressly certifies, in addition
to the foregoing, that to the best of Applicant’s knowledge:
i. The registered domain name will be used primarily for bona fide
business or commercial purposes and not (a) exclusively for personal
use; or (b) solely for the purposes of (1) selling, trading, or
leasing the domain name for compensation, or (2) the unsolicited
offering to sell, trade, or lease the domain name for compensation.
ii. The prospective domain name Registrant has the authority to
enter into the registration agreement; and
iii. The registered domain name is reasonably related to the Registrant’s
business or intended commercial purpose at the time of registration.
c. Additional Information Maintained About Your Registration. In
addition to the information you provide, we maintain records relating
to your domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application
to us, and by us to the proper Registry;
iii. Communications (electronic or paper form) constituting registration
orders, modifications, or terminations and related correspondence
between you and us;
iv. Records of account for your domain name registration, including
dates and amounts of all payments and refunds;v. The IP addresses
of the primary nameserver and any secondary nameservers for the
domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the technical contact for the
domain name;
viii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the zone contact for
the domain name;
ix. The expiration date of the registration;
x. Information regarding all other activity between you and us regarding
your domain name registration and related services.
d. Obligations Relating to Provided Data. In the event that, in
registering the domain name, you are providing information about
a third party, you hereby represent that you have
(a) provided notice to that third party of the disclosure and use
of that party's information as set forth in this Agreement, and
(b) that you have obtained that third party's express consent to
the disclosure and use of that party's information as set forth
in this Agreement.
You acknowledge that willfully or negligently providing inaccurate
information or willfully or negligently failing to update information
promptly will constitute a material breach of this Agreement and
will be sufficient basis for cancellation of your domain name registration.
You further agree that your failure to respond for over fifteen
(15) calendar days to inquiries by AITDomains concerning the accuracy
of contact details associated with your registration shall constitute
a material breach of this Agreement and will be sufficient basis
for cancellation of your domain name registration.
e. Disclosure and Use of Registration Information. You agree and
acknowledge that AITDomains will make available domain name registration
information you provide or that we otherwise maintain to ICANN,
to the Registry Operator(s), and to other third parties as ICANN,
the Registry Operator(s), and applicable laws may require or permit.
You further agree and acknowledge that AITDomains 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 or similar service)
or for targeted marketing and other purposes as required or permitted
by ICANN, the Registry Operator(s), and applicable laws. Additionally,
you acknowledge that ICANN may establish guidelines, limits, and/or
requirements that relate to the amount and type of information that
AITDomains may or must make available to the public or to private
entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures and to any and
all guidelines, limits, and restrictions on disclosure or use of
information provided by you in connection with the registration
of a domain name (including any updates to such information), whether
during or after the term of your registration of the domain name.
You hereby irrevocably waive any and all claims and causes of action
you may have arising from such disclosure or use of your domain
name registration information by AITDomains.
You may
access your domain name registration information in AITDomains'
possession to review, modify, or update such information, by accessing
our domain manager service, or similar service, made available at
our Web site <https://www.aitdomains.com/login.htm>.
We will
not process data about any identified or identifiable natural person
that we obtain from you in a way incompatible with the purposes
and other limitations described in this Agreement. AITDomains will
take reasonable precautions to protect the information it obtains
from you, from our loss, misuse, unauthorized access, or disclosure;
and from alteration or destruction of that information.
- Ownership of
Data
You agree
and acknowledge that AITDomains owns all database, compilation,
collective, and similar rights, title, and interests worldwide in
its domain name database, and all information and derivative works
generated from the domain name database. You further agree and acknowledge
that we own the following information for those registrations for
which we are the Registrar:
i. The original
creation date of the registration;
ii. The expiration date of the registration;
iii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the technical contact, administrative
contact, zone contact, and billing contact for the domain name registration;
iv. Any remarks and/or content concerning the registered domain
name that appear or should appear in the WHOIS or similar database;
and
v. Any other information we generate or obtain in connection with
the provision of domain name registration services, other than the
domain name being registered, the IP addresses of the primary nameserver
and any secondary nameservers for the domain name, and the corresponding
names of those nameservers. AITDomains does not have any ownership
interest in your specific personal registration information outside
of its rights in our domain name database.
- Agents and Licenses
You agree
that, if you are registering a domain name for someone else, you
represent that you have the authority to nonetheless bind that person
as a principal to all terms and conditions provided herein, including
the AITDomains Dispute Policy.
You agree
that if you license the use of the domain name registered to you
to a third party, you nonetheless remain the domain name holder
of record, and remain responsible for all obligations under this
Agreement, including but not limited to payment obligations, and
providing (and updating, as necessary) both your own full contact
information, and accurate technical, administrative, billing, and
zone contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain name and
domain name registration.
- Limitation of
Liability
YOU AGREE
THAT AITDomains WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS
OF THE DOMAIN NAME REGISTRATION IN YOUR NAME; (b) USE OF YOUR DOMAIN
NAME REGISTRATION; (c) INTERRUPTION OF BUSINESS; (d) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS
BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY,
MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (f)
EVENTS BEYOND AITDomains’ REASONABLE CONTROL; (g) THE PROCESSING
OF THIS APPLICATION; OR (h) THE APPLICATION OF THE AITDomains DISPUTE
POLICY.
AITDomains
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF AITDomains HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL AITDomains’ MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF
THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN SEVENTY DOLLARS ($70.00)
PER DOMAIN NAME. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED
BY LAW.
- Indemnification
of AITDomains
You agree
to defend, indemnify, and hold harmless AITDomains for any loss,
damages, or costs, including reasonable attorneys' fees, resulting
from any third party claim, action, or demand related to the registration
or use of the domain name registered in your name. This indemnification
is in addition to any indemnification required under the AITDomains
Dispute Policy.
- Representations
and Warranties
You represent
that, to the best of your knowledge and belief, neither the registration
of the domain name nor the manner in which it is directly or indirectly
used infringes the legal rights of a third party. You further represent
and expressly warrant that all information provided by you in connection
with this domain name registration is accurate.
ALL DOMAIN
NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS."
Except for our statement regarding our accreditation as an ICANN-approved
domain name Registrar in the introductory paragraph of this Agreement,
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR WITH AITDomains’
DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WITHOUT ANY LIMITATION TO THE FOREGOING, AITDomains MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF
A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM
CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION,
CANCELLATION, OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
- Breach and Revocation
AITDomains
expressly retains a security interest in your domain name registration,
and reserves the right to suspend, repossess, cancel, transfer,
or modify your domain name registration in the event (a) you materially
breach this Agreement (including the Dispute Policy) and do not
cure such breach within thirty (30) days of notice by AITDomains;
(b) you use the domain name registered to you to send unsolicited
commercial advertisements in contradiction to either applicable
laws or customary acceptable usage policies of the Internet; (c)
you use your domain name in connection with unlawful activity; or
(d) grounds arise for such suspension, cancellation, transfer, or
other modification as provided for in this Agreement.
You hereby
irrevocably appoint AITDomains your attorney-in-fact for all matters
relating to your domain name registration, in the event of any of
the circumstances enumerated in the preceding sentence, expressly
to include, without limitation, your failure to pay as agreed.You
further acknowledge and agree that your registration of a domain
name is subject to suspension, cancellation, or transfer by any
ICANN procedure or Registry Operator (either generic or country
specific) procedures approved by an ICANN-adopted policy, or by
any Registrar (including AITDomains), as the case may be, (a) to
correct mistakes by AITDomains, by another Registrar, or by the
Registry Operator in administering the name; or (b) for the resolution
of disputes concerning the domain name. You also agree that
AITDomains shall have the right in its sole discretion to suspend,
cancel, transfer, or otherwise modify a domain name registration
upon seven (7) calendar days prior written notice, or at such time
as AITDomains receives a properly authenticated order from a court
of competent jurisdiction, or arbitration award, requiring the suspension,
cancellation, transfer, or modification of the domain name registration.
- Transfers
The parties
agree that a Registered Name Holder will be prohibited from changing
its Registrar during the first sixty (60) days after initial registration
of the domain name with the Registrar. If such provision shall conflict
with any other term or condition of this agreement, this provision
shall control.
- Governing Law
Except as
otherwise set forth in the AITDomains Dispute Policy with respect
to disputes, this Agreement, your rights and obligations thereunder,
and all actions contemplated by this Agreement shall be governed
by the laws of the United States of America and the State of North
Carolina, as if the Agreement were a contract wholly entered into
and wholly performed within the State of North Carolina. Except
as otherwise set forth in the AITDomains Dispute Policy with respect
to disputes, any action to enforce this Agreement or any matter
relating to your use of the AITDomains site or services shall be
brought exclusively in the United States District Court for the
Eastern District of North Carolina, or if there is no jurisdiction
in such court, then in a state court in Cumberland County, North
Carolina.
- Notices You
agree that any notices required to be given under this Agreement
by AITDomains to you will be deemed to have been given if delivered
in accordance with the contact information you have provided.
- General
NameServices
is a d/b/a of The NameIt Corporation.The ICANN Registrar Accreditation
Agreement (found at URL http://www.icann.org/registrars/ra-agreement-17may01.htm);
the Registry-Registrar Agreement for the .biz TLD (found at URL
http://www.neulevel.biz/partners/program_docs/appf.pdf); and the
aforementioned Dispute Policy are incorporated into this Agreement
by reference. This instrument, together with the incorporated documents
listed in the preceding sentence, together with all modifications
and updates to any or all of them, constitute the complete and exclusive
Domain Name Registration Agreement between you and NameServices,
and supersede and govern all prior proposals, agreements, or other
communications.
You hereby
agree to be bound by ALL the terms of this Agreement, expressly
to include the terms found in the documents incorporated by reference.Nothing
contained in this Agreement shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties.
The failure of NameServices to require your performance of any provision
hereof shall not affect the full right to require such performance
at any time thereafter; nor shall the waiver by NameServices of
a breach of any provision hereof be taken or held to be a waiver
of the provision itself. In the event that any provision of this
Agreement shall be unenforceable or invalid under any applicable
law or be so held by applicable court decision, such unenforceability
or invalidity shall not render this Agreement unenforceable or invalid
as a whole. NameServices will amend or replace such provision with
one that is valid and enforceable and which achieves, to the extent
possible, the original objectives and intent of NameServices as
reflected in the original provision. This Agreement may not be amended
or modified by you except by means of a written document signed
by both you and an authorized representative of NameServices.
INFORMATION
FOR CALIFORNIA RESIDENTS: Under California Civil Code Section 1789.3,
California residents are entitled to the following specific consumer
rights information:
1. Price
rates. Current rates for AITDomains' domain name registration services
may be obtained by going to the pricing schedule on our web site
at < http://aitdomains.com/register.htm > or any other
web site operated by AITDomains. AITDomains reserves the right to
change fees, surcharges, renewal fees or to institute new fees at
any time.
2. Complaints.
The Complaint Assistance Unit of the Division of Consumer Services
of the California Department of Consumer Affairs may be contacted
in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by
telephone at 1-916-445-1254.
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