|
This document contains the following amendments:
Definitions
"You", "your", and "yours" refer to the person or organization purchasing
the Domain Name.
"We", "our", and "ours" refer to FastVirtual, Inc. d/b/a DomainDiscover,
an ICANN-accredited registrar which registers Domain Names in various
TLDs.
"Domain Name" refers to any second-level or third-level domain of the
Internet Domain Name System (DNS).
"Registry" refers to the applicable technical systems and processes
which Registrars use to coordinate Domain Name registration.
"Registry Administrator" refers to the company that administers or
operates the applicable Registry. This includes, but is not limited to:
- VeriSign Inc., in the case of .COM, .NET, .CC, .BZ, and .TV domains;
- Public Interest Registry, in the case of .ORG domains;
- NeuLevel, Inc., in the case of .BIZ, .CN, and .TW domains;
- Afilias Limited, in the case of .INFO and .LA domains;
- NeuStar, Inc., in the case of .US domains;
- Global Name Registry Limited, in the case of .NAME domains;
- Global Domains International, in the case of .WS domains;
- WorldNames, Inc., in the case of .NU domains;
- CentralNic Ltd., in the case of alternative cc.COM domains such
as US.COM and UK.COM.
Effective Date
This agreement commences on the date that you request registration,
transfer, or renewal of the Domain Name, or on the date that you make
payment of registration fees for the Domain Name, whichever is later.
This agreement applies separately to each Domain Name that you register.
Our Responsibilities
As a registrar, it is our responsibility to register your Domain Name
by submitting the Domain Name, contact information, name server information,
and other information necessary for the creation and maintenance of the
Domain Name, to the applicable Registry Administrator. It is also our
responsibility to bill you for registration fees, to maintain your contact
information, and to provide you with a means of updating your contact
and name server information for the Domain Name.
Your Responsibilities
When you register a Domain Name, you are required to provide us with
accurate and reliable contact information, including your full name, postal
address, email address, voice telephone number, and fax number, if available.
You must designate the legal owner of the Domain Name, and in the case
that the owner is an organization, association or corporation, the name
of an authorized person for contact purposes. It is your responsibility
to promptly correct and update this information throughout the term of
the Domain Name registration.
If you willfully provide us with inaccurate or unreliable contact information,
if you fail to promptly update information, or if you fail to respond
within fifteen calendar days to our inquiries regarding the accuracy of
the information you provide, this will constitute a material breach of
this agreement, and will be sufficient basis for cancellation of the Domain
Name.
Your Representations
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 on the legal rights of any third party.
If you intend to license the use of the Domain Name to a third party,
you are nonetheless the owner of record, and you are responsible for providing
your own full contact information, and for providing and updating accurate
technical and administrative contact information adequate to facilitate
timely resolution of any problems that arise in connection with the Domain
Name. If you license the use of the Domain Name according to this provision,
you accept liability for harm caused by wrongful use of the Domain Name,
unless you promptly disclose the identity of the licensee to a party providing
reasonable evidence of actionable harm.
You agree that registration of the Domain Name is subject to suspension,
cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant
to any Registrar or Registry policy not inconsistent with any ICANN-adopted
policy: (1) to correct mistakes by any Registrar, Registry, or Registry
Administrator; (2) for the resolution of disputes concerning the Domain
Name; and/or (3) pursuant to an order issued by a court or arbitral tribunal.
You acknowledge and agree that you have the sole responsibility to
protect and defend your Domain Name by appropriate legal action.
You acknowledge that you have read and understand FastVirtual's
Personal Data Statement and
Domain Name Dispute Resolution Policy.
Ownership
The person or organization that you designate as the legal owner of
the Domain Name at the commencement of this agreement will be the legal
owner of the Domain Name. Although we will accept changes to organizational
contact information via the control panel, our record of the legal owner
can only be changed by following our change of legal owner procedure:
(1) you must pay any outstanding balance on your account; (2) you must
send us a signed form describing your intent to relinquish ownership of
the Domain Name to another party; (3) you must establish your identity
as the current legal owner; (4) you must pay a processing fee; (5) the
new Domain Name owner must indicate their acceptance of the terms of this
agreement.
Domain Name Dispute Resolution
You agree to be bound by our Domain Name
Dispute Resolution Policy.
Indemnification
You agree to indemnify and hold harmless the Registry Administrator
and its directors, officers, employees, and agents from and against any
and all claims, damages, liabilities, costs and expenses (including reasonable
legal fess and expenses) arising out of or related to the Domain Name
registration.
Amendment A: Additional Terms for .biz Domain
Names
.biz Restrictions
Registrations in the .biz TLD must be used or intended to be used primarily
for bona fide business or commercial purposes. For purposes of the .biz
Registration Restrictions ("Restrictions"), "bona fide business or commercial
use" shall mean the bona fide use or bona fide intent to use the domain
name or any content, software, materials, graphics or other information
thereon, to permit Internet users to access one or more host computers
through the DNS: a) To exchange goods, services, or property of any kind;
b) In the ordinary course of trade or business; or c) To facilitate (i)
the exchange of goods, services, information, or property of any kind;
or, (ii) the ordinary course of trade or business. Registering a domain
name solely for the purposes of (1) selling, trading or leasing the domain
name for compensation, or (2) the unsolicited offering to sell, trade
or lease the domain name for compensation shall not constitute a "bona
fide business or commercial use" of that domain name.
.biz Certification
As a .biz domain name registrant, you hereby certify to the best of
your knowledge that: (a) The registered domain name will be used primarily
for bona fide business or commercial purposes and not (i) exclusively
for personal use; or (ii) 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. For more information
on the .biz restrictions, which are incorporated herein by reference,
please see: http://www.neulevel.com/countdown/registrationRestrictions.html
(b) The domain name registrant has the authority to enter into the registration
agreement; and (c) The registered domain name is reasonably related to
the registrant's business or intended commercial purpose at the time of
registration.
Provision of Registration Data
As part of the registration process, you are required to provide us
with certain information and to update this information to keep it current,
complete and accurate. This information includes (i) your full name, postal
address, e mail address, voice telephone number, and fax number if available;
(ii) the name of an authorized person for contact purposes in the case
of a registrant that is an organization, association, or corporation;
(iii) the IP addresses of the primary name server and any secondary name
server(s) for the domain name; (iv) the corresponding names of those name
servers; (v) the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact for the domain
name; (vi) the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the administrative contact for
the domain name; (vii) the name, postal address, e-mail address, voice
telephone number, and fax number if available of the billing contact for
the domain name; and (viii) any remark concerning the registered domain
name that should appear in the WHOIS directory. You agree and understand
that the foregoing registration data will be publicly available and accessible
on the WHOIS directory as required by ICANN/Registry Policy and may be
sold in bulk in accordance with the ICANN Agreement.
Inaccurate or Unreliable Data
You hereby represent and warrant that the data provided in the domain
name registration application is true, correct, up to date and complete
and that you will continue to keep all the information provided up to
date. Your willful provision of inaccurate or unreliable information,
your willful failure promptly to update information provided to us, or
any failure to respond for over five calendar days to our inquiries addressed
to the e-mail address of the administrative, billing or technical contact
then appearing in the WHOIS directory with respect to an domain name concerning
the accuracy of contact details associated with any registration(s) or
the registration of any domain name(s) registered by or through you or
your account, shall constitute a breach of this Agreement. Any information
collected by us concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the registration of
your domain name(s) and for the purposes of this Agreement and as required
or permitted by the ICANN Agreement or any ICANN/Registry Policy.
Domain Name Dispute Policy
If you reserved or registered a .biz domain name through us, you agree
to be bound by our current domain name dispute policy that is incorporated
herein and made a part of this Agreement by reference. Please take the
time to familiarize yourself with that policy. In addition, you hereby
acknowledge that you have read and understood and agree to be bound by
the terms and conditions of the following documents, as they may be amended
from time to time, which are hereby incorporated and made an integral
part of this Agreement: (i) The Uniform Domain Name Dispute Resolution
Policy, available at http://www.icann.org/udrp/udrp.htm. (ii) The Start-up
Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html;
and (iii) The Restrictions Dispute Resolution Criteria and Rules, available
at http://www.neulevel.com/countdown/rdrp.html. The STOP sets forth the
terms and conditions in connection with a dispute between a registrant
of a .biz domain name ("Registrant") with any third party (other than
Registry Operator or Registrar) over the registration or use of a .biz
domain name registered by Registrant that is subject to the Intellectual
Property Claim Service. The Intellectual Property Claim Service a service
introduced by Registry Operator to notify a trademark or service mark
holder ("Claimant") that a second-level domain name has been registered
in which that Claimant claims intellectual property rights. In accordance
with the STOP and its associated Rules, those Claimants will have the
right to challenge registrations through independent ICANN-accredited
dispute resolution providers. The UDRP sets forth the terms and conditions
in connection with a dispute between a Registrant and any party other
than the Registry Operator or Registrar over the registration and use
of an Internet domain name registered by Registrant. 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 enforced on a case-by-case,
fact specific basis by an independent ICANN-accredited dispute provider.
None of the violations of the Restrictions will be enforced directly by
or through Registry Operator. Registry Operator will not review, monitor,
or otherwise verify that any particular domain name is being used primarily
for business or commercial purposes or that a domain name is being used
in compliance with the RDRP or UDRP processes.
Domain Name Dispute Policy Modifications
You agree that the registry operator, in its sole discretion, may modify
its dispute policy. The registry operator will post any such revised policy
on its web site at least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the reservation or registration of your
domain name after modifications to the dispute policy become effective,
you have agreed to these modifications.
Domain Name Disputes
You agree that, if your use of our domain name registration services
is challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the terms and
conditions set forth below in this Agreement. If we are notified that
a complaint has been filed with a judicial or administrative body regarding
your use of our domain name registration services, you agree not to make
any changes to your domain name record without our prior approval. We
may not allow you to make changes to such domain name record until (i)
we are directed to do so by the judicial or administrative body, or (ii)
we receive notification by you and the other party contesting your registration
and use of our domain name registration services that the dispute has
been settled. Furthermore, you agree that if you are subject to litigation
regarding your registration and use of our domain name registration services,
we may deposit control of your domain name record into the registry of
the judicial body by supplying a party with a registrar certificate from
us.
Reservation of Rights
FastVirtual, DomainDiscover and the .biz Registry Operator, NeuLevel,
Inc. expressly reserve the right to deny, cancel or transfer any registration
that it deems necessary, in its discretion, to protect the integrity and
stability of the registry, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance with
any dispute resolution process, or to avoid any liability, civil or criminal,
on the part of FastVirtual, DomainDiscover and/or NeuLevel, Inc., as well
as their affiliates, subsidiaries, officers, directors and employees.
FastVirtual, DomainDiscover and NeuLevel, Inc. also reserve the right
to freeze a domain name during resolution of a dispute.
Amendment B: Additional Terms for .info Domain
Names
- Registrant consents to the use, copying, distribution, publication,
modification, and other processing of the Registrant's Personal Data
by the .info registry operator, and its designees and agents in a manner
consistent with the purposes specified pursuant in its contract with
ICANN, available at http://www.icann.org/tlds/
- Registrant agrees to submit to proceedings under the UDRP and comply
with the requirements set forth by the registry operator for domain
names registered during the Sunrise Period, including the mandatory
Sunrise Dispute Resolution Policy, available at http://www.afilias.info/faq/sunrise-challenge.html
. These policies are subject to modification by the registry operator.
- Registrant agrees to immediately correct and update the registration
information for any domain name during its registration term, failure
to correct this information shall constitute a breach of this Agreement.
- Registrant acknowledges that the registry operator will have no
liability of any kind for any loss or liability resulting from the proceedings
and processes relating to the Sunrise Period or the Land Rush Period,
including, without limitation: (a) the ability or inability of a Registrant
to obtain a domain name during either the Sunrise or Land Rush periods,
and (b) the results of any dispute over a domain name registration which
is processed during the Sunrise period.
- Registrar and the registry operator expressly reserve the right
to deny, cancel or transfer any registration that it deems necessary,
in its discretion, to protect the integrity and stability of the registry,
to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any applicable dispute
resolution process, or to avoid any liability, civil or criminal, on
the part of Registrar and/or the registry operator as well as their
affiliates, subsidiaries, officers, directors and employees. Registrar
and the registry operator also reserve the right to freeze a domain
name during resolution of a dispute.
Amendment C: Additional Terms for .name Domain
Names
.name Restrictions
Registrations in the .name TLD must constitute an individual's "Personal
Name". For purposes of the .name restrictions (the "Restrictions"), a
"Personal Name" is a person's legal name, or a name by which the person
is commonly known. A "name by which a person is commonly known" includes,
without limitation, a pseudonym used by an author or painter, or a stage
name used by a singer or actor.
.name Certifications
As a .name domain name Registrant, you hereby certify to the best of
your knowledge that:
- You have the authority to enter into this Agreement; and
- The registered domain name or .name email address is your Personal
Name.
Provision of Registration Data
- As part of the registration process, you are required to provide
us with certain information and to update this information to keep it
current, complete and accurate. This information includes the information
contained in the WHOIS directory, including: (i) your full name and
postal address, email address, voice telephone number, and fax number,
if available; (ii) the IP addresses and names of the primary name server
and any secondary name server(s) for the domain name; (iii) the full
name, postal address, email address, voice telephone number, and fax
number, if available, of the technical contact for the domain name;
(iv) the full name, postal address, email address, voice telephone number,
and fax number if available of the administrative contact for the domain
name; (v) the name, postal address, email address, voice telephone number,
and fax number, if available, of the billing contact for the domain
name. You agree and understand that the foregoing registration data
will be publicly available and accessible on the WHOIS directory as
required by Internet Corporation for Assigned Names and Numbers ("ICANN").
You further understand that the foregoing registration data may be transferred
outside of the European Community, such as to the United States, and
you expressly consent to such export.
- You hereby represent and warrant the data provided in the registration
application is true, correct, up-to-date and complete and that you will
continue to keep all of the information provided up-to-date. Your willful
provision of inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any failure to respond
to our inquiries addressed to the email address of the administrative,
billing or technical contact then appearing in the WHOIS directory with
respect to a domain name concerning the accuracy of contact details
associated with any registration(s) or the registration of any domain
name(s) registered by or through you or your account shall constitute
a breach of this Agreement. Any information collected by us concerning
an identified or identifiable natural person ("Personal Data") will
be used in connection with the registration of your domain name(s) and
for the purposes of this Agreement and as required or permitted by the
ICANN Agreement or an ICANN Policy. The Global Name Registry, Limited
("Registry Operator") may share your personal data with third parties
that act as subcontractors to it for the purposes of this Agreement,
and you agree that your personal data may be shared with Registry Operator's
subcontractors. You also agree that from time to time, Registry Operator
may share some of your personal data, such as your address and postcode,
with third parties who are conducting, on behalf of Registry Operator,
market analysis.
Domain Name Dispute Policy
If you reserved or registered a .name domain name through us, you agree
to be bound by our current domain name dispute policy that is incorporated
herein and made a part of this Agreement by reference. Please take the
time to familiarize yourself with that policy. You hereby acknowledge
that you have read and understood and agree to be bound by the terms and
conditions of the following documents, as they may be amended from time
to time, which are hereby incorporated and made an integral part of this
Agreement:
- the Eligibility Requirements (the "Eligibility Requirements"), available
at http://www.name/corporate/page/72/124/index.html;
- the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at http://www.name/corporate/downloads/erdrp.pdf; and
- the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at http://www.icann.org/urdrp-policy-24oct99.htm.
Personal Name domain names and Personal Name email addresses will be
granted on a first-come, first-served basis, except for registrations
granted as a result of a dispute resolution proceeding. According to the
Eligibility Requirements, the following categories of Personal Name Registrations
may be registered: (i) the Personal Name of an individual; (ii) the Personal
Name of a fictional character, if you have trademark or service mark rights
in that character's Personal Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to the beginning or the end
of your Personal Name so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to (i) registered domain names and
email address registrations within .name on the grounds that a Registrant
does not meet the Eligibility Requirements, and (ii) to Defensive Registrations
within .name.
The UDRP applies to complaints by trademark or service mark owner concerning
the registration and use of an Internet domain name registered by a Registrant.
Domain Name Dispute Policy Modifications
You agree that the Registry Operator may modify the dispute policy
from time to time. Registry Operator will post any such revised policy
on its web site at least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the reservation or registration of your
domain name or .name email address after modifications to the dispute
policy become effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modification, you may terminate this
Agreement. We will not refund any fees paid by you if you terminate your
Agreement with us.
Domain Name Disputes
You agree that, if your use of our domain name registration services
is challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold FastVirtual and DomainDiscover harmless
pursuant to the terms and conditions set forth below in this Agreement.
If we are notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the judicial
or administrative body, or (ii) we receive notification by you and the
other party contesting your registration and use of our domain name registration
services that the dispute has been settled.
.name Email
The service for which you have registered may, at your option, include
.name Email. To the extent you opt to use .name Email, you are obliged
to do so in accordance with all applicable legislation and are responsible
for all use of .name Email, including the content of messages sent through
.name Email.
You undertake to familiarize yourself with the content of and to comply
with the generally accepted rules for Internet and email usage. This includes,
but is not limited to the Acceptable Use Policy, available at http://www.name/corporate/downloads/aup.pdf,
as well as the following restrictions. Without prejudice to the foregoing,
you undertake not to use .name Email:
- to encourage, allow or participate in any form of illegal or unsuitable
activity, including but not restricted to the exchange of threatening,
obscene or offensive messages, spreading computer viruses, breach of
copyright and/or proprietary rights or publishing defamatory material;
- to gain illegal access to systems or networks by unauthorized access
to or use of the data in systems or networks, including all attempts
at guessing passwords, checking or testing the vulnerability of a system
or network or breaching the security or access control without the sufficient
approval of the owner of the system or network;
- to interrupt data traffic to other users, servers or networks, including,
but not restricted to, mail bombing, flooding, Denial of Service (DoS)
attacks, willful attempts to overload another system or other forms
of harassment; or
- for spamming, which includes, but is not restricted to, the mass
mailing of unsolicited email, junk mail, the use of distribution lists
(mailing lists) which include persons who have not specifically given
their consent to be placed on such a distribution list.
Users are not permitted to provide false names or in any other way
to pose as somebody else when using .name Email.
Registry Operator reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of abuse from
entering Registry Operator's .name Email.
You understand and agree that Registry Operator may delete material
that does not conform to clause (c) above or that in some other way constitutes
a misuse of .name Email. You further understand and agree that Registry
Operator is at liberty to block your access to .name Email if you use
.name Email in a way that contravenes this Agreement. You will be given
prior warning of discontinuation of the .name Email unless it would damage
the reputation of Registry Operator or jeopardize the security of Registry
Operator or others to do so. Registry Operator reserves the right to immediately
discontinue Email Forwarding without notice if the technical stability
of .name Email is threatened in any way, or if you are in breach of this
Agreement. On discontinuing .name Email, Registry Operator is not obliged
to store any contents or to forward unsent email to you or a third party.
You understand and agree that to the extent Registry Operator is required
by law to disclose certain information or material in connection with
your .name Email, Registry Operator will do so in accordance with such
requirement and without notice to you.
Reservation of Rights
FastVirtual, DomainDiscover and Registry Operator expressly reserve
the right to deny, cancel or transfer any registration that it deems necessary,
in its discretion, to protect the integrity and stability of the Registry,
to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute resolution
process, or to avoid any liability, civil or criminal, on the part of
FastVirtual, DomainDiscover and/or Registry Operator, as well as their
affiliates, subsidiaries, officers, directors and employees. FastVirtual,
DomainDiscover and Registry Operator also reserve the right to freeze
a domain name during a resolution of a dispute.
Limitation of Liability
You agree that Registry Operator will have no liability of any kind
for any loss or liability resulting from (i) the processing of registration
requests prior to live SRS launch, including, without limitation, your
ability or inability to obtain a .name domain name or .name Email address
registration using these processes; or (ii) any dispute over any .name
domain name, .name Email address, Defensive Registration or NameWatch
Registration, including the decision of any dispute resolution proceeding
related to any of the foregoing.
Indemnification
You agree to indemnify, defend and hold harmless Registry Operator,
and its directors, officers, employees, affiliate and agents from and
against any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses, arising out of or relating
to your breach of this Agreement. This indemnification obligation will
survive the termination or expiration of this Agreement.
Compliance with Terms and Conditions
Registrar shall comply with the following:
- ICANN standards, policies, procedures, and practices for which Registry
Operator has monitoring responsibility in accordance with the Registry
Agreement or under any other arrangement with ICANN; and
- operational standards, policies, procedures, and practices for the
Registry TLD established from time to time by Registry Operator in a
non-arbitrary manner and applicable to all registrars, including affiliates
of Registry Operator, and consistent with ICANN's standards, policies,
procedures, and practices and Registry Operator's Registry Agreement
with ICANN. Among Registry Operator's operational standards, policies,
procedures, and practices are those set forth in Exhibit E of the Registry-Registrar
Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational standards, policies,
procedures, and practices for the Registry TLD shall be effective upon
thirty (30) days notice by Registry Operator to Registrar.
Amendment D: Additional Terms for .us Domain Names
You agree to additional terms of .us registration list on the .us Registry
web site located at http://www.neustar.us/policies/index.html
,us Nexus Requirement
Customers applying for registration of a .us domain name must be:
- A natural person (i) who is a citizen or permanent resident of the
United States of America or any of its possessions or territories, or
(ii) whose primary place of domicile is in the United States of America
or any of its possessions, or
- An entity or organization that is (i) incorporated within one of
the fifty (50) U.S. states, the District of Columbia, or any of the
United States possessions or territories or (ii) organized or otherwise
constituted under the laws of a state of the United States of America,
the District of Columbia or any of its possessions or territories, or
- An entity or organization (including a federal, state, or local
government of the United States, or a political subdivision thereof)
that has a bona fide presence in the United States.
.us Name Server Requirement
The name servers listed in connection with the .us domain name must
be located within the United States.
Rev. 09/04/2004
|
about fastvirtual
FastVirtual, Inc. All Rights Reserved.
Privacy Policy |
Web Site Usage Terms |
General Service Agreement