Service Terms - EnCirca

This is an agreement between "you" and EnCirca, Inc. ("EnCirca") a United States Corporation based in the state of Massachusetts. This agreement explains the basis upon which the domain registration transactions between you and EnCirca will take place and our responsibilities toward each other.

The term "you" shall refer to yourself. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you've established with EnCirca, whether or not the transactions were in your behalf.

To complete the registration process, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions. You acknowledge that EnCirca is a registrar bound by an agreement between EnCirca and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You also acknowledge that EnCirca is a registrar bound by Registrar-Registry Agreements between EnCirca and various Domain Name Registries,including but not limited to, PW Registry Corp., Neustar, Inc., Verisign Inc., Afilias Inc., Neulevel Inc., Public Interest Registry, CNNIC, TWNIC, RegistryPro, Inc., General Name Registry Ltd, Tralliance Corporation, Employ Media LLC, EURid Registry, Fundacio puntCAT, mTLD Top Level Domain Ltd. You agree that EnCirca may modify this agreement in order to comply with applicable law and the terms and conditions set forth by ICANN or any Domain Name Registry.

You acknowledge that EnCirca's acceptance of any application made by you for services provided by EnCirca will take place at EnCirca's offices located in Woburn, Massachusetts, USA.

1. FEES; GRACE PERIOD; EXPIRATION POLICY [ top ]

In consideration for the services and products ("service") purchased by you and provided to you by EnCirca, you agree to pay EnCirca at the time service is provided. Payment is to be made by you providing a valid credit card for charge by EnCirca, and is non-refundable. If for any reason EnCirca is unable to charge your credit card with the full amount owed EnCirca for the service provided, or if EnCirca is charged back for any fee it previously charged to the credit card you provided, you agree that EnCirca may pursue all available remedies in order to obtain payment. You agree that among the remedies EnCirca may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names registered or renewed on your behalf.

GRACE PERIOD You agree that we may, at EnCirca's sole discretion, allow you to renew your domain name after its expiration date has passed. Transfer of your domain following the expiration date is not permitted. You agree that after the expiration date of your domain name registration and before it is deleted or renewed, we may direct your domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other temporary page that may include promotions and advertisements for, and links to, EnCirca's Web site, EnCirca product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain name.

EXPIRATION POLICY To ensure customers are aware of pending expirations of their domain names, EnCirca sends both paper notices and email notices to its customers. EnCirca will also attempt to contact customers if paper or email notices are returned as undeliverable due to inaccurate customer information.

Upon a domain reaching its expiration date without a renewal, the domain name registration is deemed terminated.

Transfer to another registrar is not permitted following the expiration date.
Upon expiration, EnCirca will provide a ten day grace period for customers wishing to renew.
Three days after the expiration date, the nameservers for the domain will be changed. This will disrupt any website or email addresses associated with the domain. Customers noticing this change and wishing to renew will have another seven days to renew their domain.
Ten days after the expiration date, the domain will be removed from the customer's account and their contact information removed from the Whois contacts. Customers will receive email notification of this account move.
EnCirca may elect to delete the domain, auction or transfer ownership of the domain to a third party at any time following ten days after the expiration date. If EnCirca elects to delete the domain name, this will occur between ten and forty days following the expiration date.
If a name is deleted, then the customer of record, as of the expiration date, is permitted to recover the domain name by paying EnCirca a Restore fee within forty-five following the date of deletion.

2. TERM OF AGREEMENT; MODIFICATIONS [ top ]

The term of this agreement shall continue in full force and effect as long as you have any domain name registered through EnCirca. You agree that you will not transfer any domain name registered through EnCirca to another domain name registrar during the first sixty (60) days from its initial registration date or during the first sixty (60) days from the effective date of a Registrar Transfer to EnCirca.

You agree that EnCirca may modify this agreement from time to time. EnCirca may also discontinue services it provides under this agreement. You agree to be bound by any changes EnCirca may reasonably make to this agreement when such changes become effective. Should you elect to cancel your agreement with EnCirca you will not receive a refund for any fees you may have paid to EnCirca.

You agree that EnCirca shall not be bound by any representations made by third parties who you may use to purchase services from EnCirca, and that any statements of a general nature, which may be posted on EnCirca's web site or be contained in EnCirca's promotional materials, will not bind EnCirca.

3. UP TO DATE INFORMATION; USE OF INFORMATION [ top ]

You agree to notify EnCirca within thirty (30) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide EnCirca with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within thirty (30) business days to any inquiries made by EnCirca to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement.

You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN or Registry Policy and may be sold in bulk as set forth in the applicable ICANN or Registry agreements:

The domain name
Your name and postal address
The email address, postal address, voice and fax numbers for technical and administrative contacts
The Internet protocol numbers for the primary and secondary name servers
The corresponding names of the name servers
The original date of registration and expiration date

You agree that, to the extent permitted by ICANN and/or the applicable Registry, EnCirca may make use of the publicly available information you provided during the registration process.

If you engage in the reselling of domain names you agree to provide any individuals whose personal information you've obtained, information about the possible uses of their personal information pursuant to ICANN and/or the applicable Registry policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its 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 Registered name. A Registrant licensing use of a Registered name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm.

Enforcement of Accurate Whois Data

EnCirca shall accept written complaints from third parties regarding false and/or inaccurate Whois data of Registrants
No later than thirty (30) days after receipt of a written complaint, EnCirca shall conduct an initial investigation into the veracity and accuracy of the contact details. If EnCirca determines that the information is false, inaccurate or not up to date, EnCirca shall issue a letter to the Registrant via e-mail and regular first-class mail, stating that the information contained in the Registrant's Whois record may be false, inaccurate or not up to date.
The Registrant shall be required to update its contact information no later than thirty (30) calendar days from the date of such notice. If, within thirty (30) days, Registrant can either (i) show that it has not provided false or inaccurate contact information or (ii) provide the updated Whois information, then the registrant will be allowed to maintain the domain name registration. If, however, after thirty (30) days, the registrant either does not respond to Registrar's notice or is unable to provide true and accurate contact information, the registrant shall be deemed to have breached its registration agreement and the registrar shall be required to delete the registration.
EnCirca shall not be required to refund any fees paid by the Registrant if EnCirca terminates a Registrant's registration agreement due to its enforcement of this provision.
A Registrant may request to Recover a domain deleted due to inaccurate Whois data, provided it is still in the "Pending Delete" status. When a registrar restores a name (from the redemption grace period) that had been deleted on the basis of submission of false contact data or non-response to registrar inquiries, the name must be placed on Registrar Hold status until the registrant has provided updated and accurate Whois information.

4. DISPUTE RESOLUTION POLICY [ top ]

You agree to be bound by EnCirca's current Dispute Resolution Policy as well as any dispute policies in effect for the respective top level domains. This policy is incorporated herein and made a part of this agreement. The current dispute policy can be found at: http://www.encirca.com/html/udrp.shtml .

You agree that EnCirca may from time to time modify its Dispute Resolution Policy. EnCirca will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining your domain name registrations with EnCirca after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review EnCirca's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel your agreement with EnCirca as a result of the modified Dispute Resolution policy no fees will be refunded to you.

You agree that if a dispute arises as a result of one or more domain names you have registered using EnCirca, you will indemnify, defend and hold EnCirca harmless as provided for in this agreement. You also agree that if EnCirca is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using EnCirca, that EnCirca, in its sole discretion, may take whatever action EnCirca deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold EnCirca harmless for any action taken by EnCirca.

5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES [ top ]

If you transfer any domain name you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement. You may view the current version of our Domain Transfer Agreement at: http://www.encirca.com/html/transfer.shtml.

You agree to inform any customer of yours, who may be acquiring a domain name through you using EnCirca's registration services, that they are in fact registering their domain name through EnCirca and that EnCirca is an accredited registrar with ICANN and/or the applicable Registry. You agree not to represent that you are an ICANN and/or the applicable Registry accredited registrar or that you are in any way providing superior access to the applicable Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site.

You agree to obtain each of your customers' acceptances of EnCirca's then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customer's accept additional terms and conditions that are not required by EnCirca, you agree that such additional terms and conditions shall not conflict with EnCirca's Domain Registration Agreement and the policies and business procedures adopted by ICANN and/or the applicable Registry.

You agree that EnCirca is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to EnCirca's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN and/or the applicable Registry requirements for inclusion in the Whois database.

You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within 5 business days, provide such information to EnCirca so EnCirca may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide EnCirca copies of same.

6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT [ top ]

You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by EnCirca is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN and/or the applicable Registry.

You agree that your failure to comply completely with the terms and conditions of this agreement and any EnCirca rule or policy may be considered by EnCirca to be a material breach of this agreement and that EnCirca may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide EnCirca with material evidence that you have not breached your obligations to EnCirca within ten (10) business days, EnCirca may terminate its relationship with you and take any remedial action available to EnCirca under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your domain names and discontinuing any services provided by EnCirca to you. No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach. EnCirca's failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL [ top ]

You agree not to use the services provided by EnCirca, or to allow or enable others, to use the services provided by EnCirca for the purposes of: The transmission of unsolicited email (SPAM) Repetitive, high volume inquires into any of the services provided by EnCirca (i.e. domain name availability, etc.).

You agree that EnCirca, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. EnCirca also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. EnCirca may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event EnCirca refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to EnCirca in connection with the registration either being canceled or refused. In the event EnCirca deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

8. LIMITATION OF LIABILITY [ top ]

You agree that EnCirca's entire liability to you under this agreement, and your only remedy, in connection with any service provided by EnCirca to you under this agreement, and for any breach of this agreement by EnCirca, shall be limited to the fees you paid to EnCirca for the particular service in contention.

ENCIRCA AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF ENCIRCA'S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, ENCIRCA'S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.

ENCIRCA DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:

access delays or interruptions to our web site or domain name registration system
data non-delivery or misdelivery between you and EnCirca
events beyond our control (i.e. acts of God)
the loss of registration or processing of a domain name or the use of a domain name
the failure for whatever reason to renew a domain name registration
the unauthorized use of your account with EnCirca or any of the services provided to you by EnCirca
errors, omissions or misstatements
deletion of, failure to store, or failure to process or act upon email messages
processing of updated information to your registration record
development or interruption of your web site
errors taking place with regard to the processing of your application
application of EnCirca's Dispute Resolution Policy
any act or omission caused by you or your agent (whether authorized by you or not)

9. INDEMNITY [ top ]

You agree to release, defend, indemnify and hold harmless EnCirca and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with EnCirca whether or not on your behalf, and whether or not with your permission) use of the services provided by EnCirca. Should EnCirca be notified of a pending law suit, or receive notice of the filing of a law suit, EnCirca may seek a written confirmation from you concerning your obligation to indemnify EnCirca. Your failure to provide such a confirmation may be considered a breach of this agreement.

For .com, .net and .cc domain names: You agree to indemnify, defend and hold harmless 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.

For .us domain names: You agree to indemnify and hold harmless NeuStar, the .US Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) .US domain name registration and (ii) use of any .US registered domain name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .name domain names: You agree to indemnify, defend and hold harmless Global Name Registry (GNR), 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 Item Holder's registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

For .biz domain names: You agree to indemnify and hold harmless NeuLevel, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) .BIZ domain name registration and (ii) use of any .BIZ registered domain name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .info domain names: You agree to indemnify, defend and hold harmless Afilias, 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 Item Holder's registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

For .cn domain names: You agree to indemnify, defend and hold harmless CNNIC, Neustar Inc., and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .org domain names: You agree to indemnify, defend and hold harmless Public Interest Registry (PIR), 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 Item Holder's registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

For .pro domain names: You agree to indemnify, defend and hold harmless RegistryPro, 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 Item Holder's registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

For .tw domain names: You agree to indemnify, defend and hold harmless TWNIC, Neustar Inc., and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .pw domain names: You agree to indemnify, defend and hold harmless PW Registry Corp., and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .jobs domain names: You agree to indemnify, defend and hold harmless Employ Media LLC, and its subcontractors, directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .travel domain names: You agree to indemnify, defend and hold harmless Tralliance Corporation, and its subcontractors, directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .eu domain names: You agree to indemnify, defend and hold harmless EURid, and its subcontractors, directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .mobi domain names: You agree to indemnify, defend and hold harmless Registry Operator, and its subcontractors, directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

For .ws domain names: You agree to indemnify, defend and hold harmless the .WS Registry Operator, Global Domains International, 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. You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration policies for this ccTLD are available online and are incorporated herein.

For .aero domain names: You agree to indemnify, defend and hold harmless the .AERO Registry Operator, The .AERO Sponsor, 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. You agree to be bound by any registry rules, policies, and agreements for this TLD. The registration policies for this TLD are available online and are incorporated herein.

The Registered Name Holder agrees to indemnify, to the maximum extent permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited 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 relating to the Registered Name Holder's domain name registration and or use. Notwithstanding the other provisions in this Agreement, the Registered Name Holder agrees that this indemnification obligation shall survive the termination or expiration of this registration agreement.

For .4U.com domain names: You agree to indemnify, defend and hold harmless the 4U.com Registry Operator, 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. You agree to be bound by any registry rules, policies, and agreements for this TLD. The registration policies for this TLD are available online and are incorporated herein.

10. REPRESENTATIONS AND WARRANTIES [ top ]

You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.

You agree that EnCirca makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name you register with EnCirca.

EnCirca expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, pursuant to any Registrar or Registry adopted policy, to correct mistakes by EnCirca or the applicable Registry in registering the name or, 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 EnCirca, as well as its affiliates, subsidiaries, officers, directors and employees. EnCirca also reserves the right to freeze a domain name during resolution of a dispute.

11. DISCLAIMER OF WARRANTIES [ top ]

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

12. SEVERABILITY; ENTIRETY [ top ]

You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and EnCirca regarding the services contemplated herein.

13. VENUE; WAIVER OF TRIAL BY JURY [ top ]

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF MASSACHUSETTS. EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH ENCIRCA, THE LAWS AND JUDICIAL DECISIONS OF MIDDLESEX COUNTY, MASSACHUSETTS, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MIDDLESEX COUNTY, MASSACHUSETTS.

FOR THE ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM USE OF THE REGISTERED NAME, THE REGISTERED NAME HOLDER SHALL SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE JURISIDICTIONS, TO THE JURISDICTION OF THE COURTS (1) OF THE REGISTERED NAME HOLDER'S DOMICILE AND (2) THE U.S. DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS, LOCATED IN BOSTON, MASSACHUSETTS, USA.

YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

14. NOTICES [ top ]

You agree that all notices (except for notices concerning breach of this agreement) from EnCirca to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address you have on file with EnCirca or mailed first class postage to the postal address you have on file with EnCirca. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from you to EnCirca shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:

EnCirca Inc
400 W. Cummings Park
Suite 1725-307
Woburn, MA. USA 01801

Delivery shall be deemed to have been made by you to EnCirca five (5) days after the date sent.

15. ADDITIONAL PROVISIONS SPECIFIC TO .COM, .NET, and .CC REGISTRATIONS [ top ]

Indemnification. You agree to indemnify, defend and hold harmless 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.

16. ADDITIONAL PROVISIONS SPECIFIC TO .US REGISTRATIONS [ top ]

The Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.

A. Registrants must be either:

A natural person
- who is a United States citizen,
- who is a permanent resident of the United States of America or any of its possessions or territories, or
- whose primary place of domicile is in the United States of America or any of its possessions, or;
An entity or organization that is
- incorporated within one of the fifty (50) U.S. states, the district of Columbia, or any of the United States possessions or territories or
- 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 (including a federal, state, or local government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States), or;
- A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also
  - regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or
  - maintains an office or other property within the United States.

B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.

Registrant further certifies that EnCirca has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willing volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.

Registrant understands and agrees that if such information cannot be verified, or if Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

Registrant agrees to comply and abide by the following policies found at http://www.neustar.us:

usTLD Dispute resolution Policy and Rules
The usTLD Nexus requirements
The Nexus Dispute Policy and Rules
The Registration Review Policy

17. ADDITIONAL PROVISIONS SPECIFIC TO KIDS.US REGISTRATIONS [ top ]

17.1. Representations and Warranties. You represent and certify that, to the best of your knowledge and belief, (i) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party, (ii) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder, (iii) you have and shall continue to have a lawful bona fide U.S. Nexus as defined in the "usTLD Nexus Requirements" document on the Kids.us website http://www.kids.us/us_policy/ustld_nexus_requirements.pdf)), as may be modified from time to time and qualify to register to use a .us domain name, (iv) you are of legal age to enter into this Agreement, and (vi) you agree to comply with all applicable laws, regulations and policies of the Kids.us Administrator as updated from time to time on the Kids.us website (www.kids.us), including but not limited to the:

Kids.us Content Policy: Guidelines and Restrictions (http://www.kids.us/content_policy/content.html;
usTLD Dispute Resolution Policy and Rules (www.kids.us/us_policy/usdrp.pdf)
Nexus Dispute Policy and Rules (http://www.kids.us/us_policy/nexus_dispute_policy.pdf); and
Registration Review Policy (www.kids.us/us_policy/registration_review_policy.pdf).

17.2. The Kids.us domain name you are purchasing will be inactive (i.e., will not resolve on the Internet), however will be displayed in the publicly accessible Kids.us WHOIS database. Purchasing a Kids.us domain name from EnCirca merely provides You with a license to the Kids.us domain name. It does not give You the right to have a Kids.us website. A website on the kids.us site is only allowed once You have obtained an Active Registration from the Kids.us Administrator and Your content has been reviewed and approved by the Kids.us Administrator in accordance their terms and conditions. The Kids.us Administrator can be found at www.kids.us.

17.3. An Active Registration may only be obtained by completing the Kids.us Administrator's application form for each Kids.us domain name that You would like to have an Active Registration and paying the requisite fees set forth on their website. Prior to having a live Kids.us Site, all "content" associated with an Active Registration shall be reviewed by the Kids.us Administrator or one or more content managers appointed by the Kids.us Administrator to ensure that Your content is in compliance with the restrictions Kids.us Content Policy: Guidelines and Restrictions (http://www.kids.us/content_policy/content.html). Violations of the Kids.us Content Policy may subject your Kids.us domain name to immediate deletion by the Kids.us Administrator or EnCirca, at their sole discretion.

17.4. In addition to other restrictions contained herein, the following activities shall not be allowed in the Kids.us domain name space. Failure to comply with the following may subject your Kids.us domain name to immediate deletion by the Kids.us Administrator or EnCirca, at their sole discretion:

Interactive Services. Your Kids.us website may not contain any two-way or multi-user interactive services, as defined further in the Content Policy (http://www.kids.us/content_policy/content.html), absent express approval by the Kids.us Administrator).
Hyperlinks. Under no circumstances may Your Kids.us website contain any hyperlinks that take kids.us users outside the kids.us second-level domain.
Other services. You may not use your Kids.us domain name to provide non-web-based services of any kind. These include, but are not limited to File Transfer Protocol (FTP), telnet, Secure File Copy (SCP), Secure Shell (SSH), Internet Relay Chat (IRC), Simple Object Access Protocol (SOAP), Remote Procedure Call (RPC), email, and gopher.

17.5. Sunrise Kids.us Domain Name Registrations: The kids.us Sunrise period gives owners of existing or pending United States trademarks or service marks an exclusive opportunityb - prior to general open registration - to apply for kids.us domain names that exactly match their trademarks or service marks. To ensure the integrity of the Sunrise process, the Kids.us Administrator will compare each of the kids.us domain name applications with valid trademarks on file at the U.S. Patent and Trademark Office (USPTO). All Sunrise applications must comply with the rules set forth at http://www.kids.us/sunrise.html

17.6. 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) the Registered Name; (ii) the names of the primary nameserver and secondary nameserver(s) for the Registered Name; (iii) your name and postal address; (iv) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; (v) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name; (vi) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Registered Name; (vii) any remark concerning the registered domain name that should appear in the Whois directory; and (viii) any other data the Kids.us Administrator requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.). You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory. 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 Department of Commerce Contract with the Registry or any Kids.us Administrator/DoC Policy.

17.7. 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 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.

17.8. Government Use of Data. You understand and agree that the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. "Data" means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.

17.9. Licensing of a Domain Name. If you intend to license use of a domain name to a third party, you nonetheless are the registrant of record and are responsible for providing 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. You shall 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 you reasonable evidence of actionable harm.

17.10. Domain Name Dispute Policy. If you reserved or registered a Kids.us 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 policies of the Kids.us Administrator as documented on its website, www.kids.us/us_policy/usdrp.pdf, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement. 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 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.

17.11. Domain Name Dispute Policy Modifications. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our 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. 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.

17.12. Jurisdiction. For the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where Registrar is located, and (3) the Commonwealth of Virginia.

17.13. Suspension, Cancellation or Transfer. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Kids.us Administrator adopted specification or policy, or pursuant to any registrar or Kids.us Administrator procedure not inconsistent with a Kids.us Administrator adopted specification or policy, (1) to correct mistakes by Registrar or the Kids.us Administrator in registering the name or (2) for the resolution of disputes concerning the domain name.

17.14. Indemnification. The Registrant shall indemnify and hold harmless the EnCirca and the Kids.us Administrator and their directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) domain name registration and (ii) use of any of a domain name.

17.15. Reservation by Kids.us Administrator. EnCirca and Kids.us Administrator reserve the right to deny, cancel or transfer any registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of Kids.us Administrator or EnCirca, as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by Kids.us Administrator or any registrar in connection with a domain name registration. Kids.us Administrator and EnCirca also reserve the right to freeze a domain name during resolution of a dispute.

18. ADDITIONAL PROVISIONS SPECIFIC TO .INFO REGISTRATIONS [ top ]

If you are registering a .info domain name you also agree to:

consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .info Registry Operator and its designees and agents;
submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
acknowledge 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:
- the ability or inability of a registrant to obtain a Registered Name during these periods, and
- the results of any dispute over a Sunrise Registration.

19. ADDITIONAL PROVISIONS SPECIFIC TO .BIZ REGISTRATIONS [ top ]

If you are registering a .biz domain name you also agree to:

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:

To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
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:

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
The domain name registrant has the authority to enter into the registration agreement; and
The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

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:

The Uniform Domain Name Dispute Resolution Policy, available at http://www.encirca.com/html/udrp.shtml.
The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.biz/stop_overview/index.html; and
The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.biz/ardp/docs/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 SUDRP or UDRP processes.

DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our 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. 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 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
EnCirca 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 EnCirca and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. EnCirca and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

20. ADDITIONAL PROVISIONS SPECIFIC TO .NAME REGISTRATIONS [ top ]

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.

You agree that Registry Operator may modify the dispute policy from time to time. Registry Operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name or .name email 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.

ELIGIBILITY REQUIREMENTS - DISPUTE RESOLUTION
You represent and warrant that the name you are registering is your legal, personal name, or that you own the intellectual property rights to that name. If at any time it is discovered that it is not your legal personal name, or your intellectual property, GNR and EnCirca reserve the right to cancel your registration without refund, or transfer it to another party. In addition to the above you agree to be bound by the provisions of the entire Eligibility Requirements Dispute Resolution Policy available at http://www.nic.name/downloads/erdrp.pdf.

WAIVER OF LIABILITY
You agree that GNR and EnCirca 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, the ability or inability to obtain a domain name or email address registration using these processes; or (ii) any dispute over any domain name or email address registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

NAME EMAIL
(a) 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.

(b) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use .name Email:

(i) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
(ii) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
(iii) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or
(iv) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using .name Email.

(c) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator's .name Email.

(d) You understand and agree that Registry Operator may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of .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 .name Email 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.

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

NAMEWATCH
The NameWatch service allows monitoring of all registrations on the .name gTLD. Any registration of a .name, both Domain Names and .name Email, where the trademark/string is included, will trigger notification. This will allow the intellectual property holder early identification of potential threats. The reports, which cover both Domain Names and .name Email, are available daily, weekly or monthly and can significantly increase the trademark holder's protection and follow-up of the trademark; provided that neither The Global Name Registry, Limited ("Registry Operator") nor we provide no guarantee that any potential threats will be identified.

DISCLAIMER
Registry Operator will make every effort to maintain the completeness and accuracy of any results of the NameWatch, but cannot guarantee that the results are error-free. You understand, therefore, that any reports provided through the NameWatch service are on an "as is" basis without any warranties. BY USING NAMEWATCH REPORTS AND THE INFORMATION CONTAINED HEREIN OR THEREIN, IT IS ACCEPTED THAT REGISTRY OPEATOR IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH, THE REPORT OR THE INFORMATION CONTAINED, NOR OMISSIONS OR MISSING INFORMATION. THE RESULTS OF ANY NAMEWATCH REPORT CANNOT BE RELIED UPON IN CONTEMPLATION OF LEGAL PROCEEDINGS WITHOUT FURTHER VERIFICATION NOR DO SUCH RESULTS CONSTITUTE A LEGAL OPINION. Acceptance of the results of the NameWatch service constitutes acceptance of these terms, conditions and limitations.

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 NameWatch reports; or (ii) any dispute over any .name Domain Name, .name Email address or Defensive Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

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

DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive Registration is challenged by a third party, you will be subject to the provisions specified in our Defensive Registration dispute policy in effect at the time of the dispute. You agree that in the event a Defensive Registration dispute arises with any third party, you will indemnify and hold EnCirca harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your Defensive Registration, you agree not to make any changes to your Defensive Registration record without our prior approval. We may not allow you to make changes to such Defensive Registration record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your Defensive Registration and use of our domain name registration services that the dispute has been settled.

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

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

21. ADDITIONAL PROVISIONS SPECIFIC TO .CN REGISTRATIONS [ top ]

Registrant hereby certifies, that to the best of his, her or its knowledge, that they have the authority to enter into this Agreement.

Indemnification. Registrant agrees to indemnify, defend and hold harmless EnCirca, CNNIC, Neustar Inc., and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

The Registrant agrees that its registration of the Registered name shall be subject to suspension,cancellation,or transfer pursuant to any Neustar or CNNIC adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with a Neustar or CNNIC adopted specification or policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the Registered name.

The domain name registration agreement between Registrar and Registrant for a cnTLD domain name shall be governed under the Laws of the People's Republic of China.

The Registrant shall adhere to the processes and requirements contained in the relevant administrative policies and rules made by the PRC's governmental agencies and CNNIC,including but not limited to the following:

China Internet Domain Name Regulations (http://www.cnnic.net.cn/ruler/20.shtml).
CNNIC Detailed Rules of Internet Domain Name Registration Administration (http://www.cnnic.net.cn/ruler/16.shtml) (not yet translated).
CNNIC Domain Name Dispute Resolution Policy (http://www.cnnic.net.cn/doc/e-10.shtml).
Rules for CNNIC Domain Name Dispute Resolution Policy (http://www.cnnic.net.cn/doc/e-9.shtml).
Any subsequent updates, changes and/or revisions to the above listed policies

Registrant may not register or use a .CN domain name that is deemed by the CNNIC to:

Be against the basic principles prescribed in the Constitution of the People's Republic of China("PRC");
Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt the state integrity of the PRC;
Harm national honor and national interests of the PRC;
Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
Violate the PRC's religion policies or propagate cult and feudal superstition;
Spread rumors,disturb public order or disrupt social stability of the PRC;
Spread pornography, obscenity, gambling,violence,homicide, terror or instigate crimes in the PRC;
Insult, libel against others and infringe other people's legal rights and interests in the PRC;or
Take any other action prohibited in laws, rules and administrative regulations of the PRC.

Registrant hereby represents that, to the best of their knowledge and belief, neither the registration of the Registered name nor the manner in which it is directly or indirectly being used infringes the legal rights of any third party.

Registrant shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registration.

A Registrant's willful or grossly negligent provision of inaccurate or unreliable information.its wilful or grossly negligent failure to promptly update information provided to Registrar shall constitute a material breach of the Registrant's Registration Agreement with the Registrar and be a basis for cancellation of the Registered Name registration.

Collection of Personal Data. The Registrant's personal data will be included in a Whois record and shared with the CNNIC, the Registry Gateway Operator (Neustar Inc.) and others who may receive the data from CNNIC and Neustar Inc. This Agreement and the EnCirca Privacy policy details which data are obligatory, which data is optional and how the Registrant can access and,if necessary, rectify the data held about them. The Registrant hereby consents to the submission of data required by this agreement.

22. ADDITIONAL PROVISIONS SPECIFIC TO .PRO REGISTRATIONS [ top ]

***Effective September 8, 2008: Additional terms apply. Please see the new Dot-Pro Terms of Service (TOS)

Applicant agrees to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by RegistryPro and its designees and agents for the purposes of performing the Verification Services and Digital Certificate Services required for successful registration. These Services include:

Providing the Verification Services and Digital Certificate Services, including but not limited to, conducting identity checks and professional eligibility checks with respect to each Applicant or Registered Name Holder,
Populating the data fields of the Digital Certificate issued to each Registered Name Holder
Conducting periodic spot checks of a Registered Name Holder's continuing eligibility to hold a Registered Name,
Conducting annual re-verification of a Registered Name Holder's continuing eligibility to hold a Registered Name, and
Publishing certain information regarding Registered Name Holders in RegistryPro's publicly-available WHOIS directory and in a publicly-available list of issued, revoked, or suspended Digital Certificates.

Applicant represents and warrants that it meets the applicable .Pro registration requirements within the Jurisdiction and agrees that, during the term of the registration, it will continue to meet such requirements and that it will promptly notify the Registrar if it no longer meets such requirements.

Applicant acknowledges that RegistryPro is a third party beneficiary of the Registration Agreement with the rights to enforce those provisions of the Registration Agreement that affect it.

Applicant acknowledges that Registrar shall be solely responsible for providing Applicant with services with respect to (a) its application for a Registered Name and (b) in the event such application is accepted, for all ongoing services with respect to its issued Registered Name. Applicant further acknowledges that RegistryPro shall have no obligation to provide such services to Applicant. Applicant agrees it has no contractual relationship whatsoever with RegistryPro and that Applicant is not a third party beneficiary of any agreement between RegistryPro and Registrant. Applicant further agrees that RegistryPro will have no legal, equitable or other liability of any kind to Applicant.

Applicant acknowledges that if, pursuant to the performance of the initial verification services or annual verification services, Registrar determines that Applicant does not meet or does not continue to meet the applicable .Pro registration requirements, Registrar shall be entitled to retain a processing fee of $200.00 in connection with the performance of the initial verification services and $200.00 in connection with the performance of the annual verification services.

As Registered name Holder, I hereby,

a) Represent and Warrant that the data provided in the Registered Name or Defensive Registration application is true, correct, up to date, and complete; and that the registrant will at all times during the term of its registration keep the information provided above up to date;

b) Represent and warrant that the registration satisfies the applicable .pro restrictions at the time of registration;

c) Represent and warrant that the Registered Name registration satisfies the digital security requirements stated in Appendix L of the Registry Agreement;

d) Agree to be subject to the Qualification Challenge Policy and the Uniform Domain Name Dispute Resolution Policy (the "UDRP");

e) Agree not to make any representation to any person or entity that expressly or impliedly conveys that the registration of the Registered Item in any way signifies or indicates that the Registered Item Holder possesses any general or specific professional qualifications, including, but not limited to, professional qualifications in a particular field;

f) Certify that the Registered Item Holder has the authority to enter into the registration agreement;

g) For applications during the Sunrise Period, certify that the registration qualifies for a Sunrise Registration, as set forth in Appendix J of the Registry Agreement.

h) For Intellectual Property Defensive Registrations, including Sunrise Registrations, agree to be subject to the Intellectual Property Challenge Defensive Registration Challenge Policy.

i) Agree to the use, copying, distribution, publication, modification and other processing of Registered Item Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 of this Agreement.

j) Acknowledge that Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period including, without limitation: (i) the ability or inability of any registrant to obtain a Registered Item during these periods, and (ii) the results of any dispute over a Sunrise Registration.

k) Acknowledge that the Registrar reserves the right to reject any application to register a Registered Item for any reason or no reason, including but not limited to if either Registrar or Registry Operator reasonably believes it does not satisfy the conditions for a Registrations (including, the Sunrise Registration Conditions or .pro eligibility requirements).

The Registered Item Holder acknowledges having read and understood and agrees 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/dndr/udrp/policy.htm

(ii) (For registration agreements relating to Intellectual Property Defensive Registrations, including Sunrise Registrations:)The Intellectual Property Defensive Registration Challenge, available http://www.icann.org/tlds/agreements/pro/;

(iii) The Qualification Challenge Policy and Rules, available at http://www.icann.org/tlds/agreements/pro/;

(iv) The .pro TLD restriction requirements, available at http://www.icann.org/tlds/agreements/pro/;

(v) For registrations of Registered Names, the .pro TLD digital certification requirements, available at http://www.icann.org/tlds/agreements/pro/; and

(vi) Procedures for any applicable Verification Toolkit.

The Registered Item Holder represents and warrants that, at all times during the term of Registered Item registration, he, she, or it meets the .pro registration requirements set forth by Registry Operator for the registration of the Registered Item Holder's registration. The Registered Item Holder is required to provide prompt notice to Registrar if it fails to meet such registration requirements. Registrar and/or Registry Operator shall have the right to immediately and without notice to Registered Item Holder, suspend, cancel or modify a Registered Item Holder's registration if, at any time, the Registered Item Holder fails to meet the registration requirements for such domain name or Defensive Registration."

23. ADDITIONAL PROVISIONS SPECIFIC TO PROFORWARDING REGISTRATIONS [ top ]

See http://www.encirca.com/html/terms-proforwarding.shtml for terms for EnCirca's ProForwarding Service.

24. ENCIRCA PARKING PAGES [ top ]

Domain names registered through EnCirca may be pointed to a "Now Registered!" Web page which informs visitors that the registrant has registered their domain name via EnCirca.

The Now Registered! Web page may be modified at any time by EnCirca without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by EnCirca, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.

To see a sample Now Registered! Web page, please click here. If for any reason you do not wish to have the domain name you have registered pointed to the Now Registered Web page described above, you can have your domain pointed to a generic parking page that does not contain any third party links. You may also elect to have no parking page at all. Please contact our Customer Support team to request one of these options.

25. ADDITIONAL PROVISIONS SPECIFIC TO .TW REGISTRATIONS [ top ]

This domain name agreement shall be interpreted and governed by the laws of Taiwan.

Registrant shall obey and comply with any and all applicable laws, regulations and administrative policies promulgated by Taiwan government agency.

Registrant agrees to obey, comply and be bound by the TWNIC rules and regulations and their any and all updates, revisions and modifications, which may be made by TWNIC from time to time, including but not limited to:

Supervision and Guidance Regulation for Internet Protocol (IP) TWtld Registrar Accreditation Agreement (Final version v2.20) Address and Domain Name Registration and Management Services (currently at: http://www.twnic.net.tw/file/0320.htm)
Guidelines for Administration of Domain Name Registration (currently at: http://www.twnic.net.tw/english/dn/dn_02.htm)
Guidelines for Authorizations for Domain Name Registration Services (currently at: http://www.twnic.net.tw/english/dn/dn_07.htm)
TWNIC Domain Name Dispute Resolution Policy (currently at: http://www.twnic.net.tw/english/dn/dn_04.htm)
Any subsequent updates, changes and/or revisions to the above listed policies

26. ADDITIONAL PROVISIONS SPECIFIC TO .PW REGISTRATIONS [ top ]

Registrant hereby certifies, that to the best of his, her or its knowledge, that they have the authority to enter into this Agreement.

Indemnification. Registrant agrees to indemnify, defend and hold harmless EnCirca, PW Registry Corp., and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, damages, liabilities, costs and expenses of any kind, including, without limitation, reasonable legal fees and expenses, arising out of or relating to the Registrant's i) domain name registration and ii) use of any Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.

The Registrant agrees that its registration of the Registered name shall be subject to suspension,cancellation,or transfer pursuant to any PW Registry Corp's adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with a PW Registry Corp's adopted specification or policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the Registered name.

The domain name registration agreement between Registrar and Registrant for a pwTLD domain name shall be governed under the Laws of the Republic of Palau.

The Registrant shall adhere to the processes and requirements contained in the relevant administrative policies and rules made by Palau's governmental agencies and PW Registry Corp. listed at http://forums.pwregistry.pw:

PW Namespace Structure
PW Eligibility Restrictions
PW Dispute Resolution Policy
Rules for PW Domain Name Dispute Resolution Policy
Supplemental Rules for PW Domain Name Dispute Resolution Policy
Any subsequent updates, changes and/or revisions to the above listed policies

Registrant may not register or use a .PW domain name to:

upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, transmit or otherwise make available any pictures and/or writings of sexual activity intended solely to excite lascivious feelings of a particularly blatant and aberrational kind, such as acts involving children, animals or any type of gratuitous acts of sexual intercourse, or entertainment which aims at arousing the libido or primary sexual sensation.
upload, post, transmit or otherwise make available any material which display or describe sexual activity in a manner appealing only to prurient interest, with no legitimate artistic, literary or scientific purpose.
upload, post, transmit or otherwise make available any material which depict or describe sexual conduct in a patently offensive way.
upload, post, transmit or otherwise make available any indecent material, including messages or pictures that are offensive descriptions or depictions of graphic sexual conduct.
harm minors, persons under the age of 18 years, in any way;
impersonate any person or entity, including, but not limited to, a Registrar official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Domain;
upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt the Service or servers or networks connected to the Domain, or disobey any requirements, procedures, policies or regulations of networks connected to the Domain;
intentionally or unintentionally violate any applicable local, state, national or international law;
"stalk" or otherwise harass another;
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals;
offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) Registrar determines, in its sole discretion, is inappropriate for sale through the Domain provided by Registrar;
upload, transmit or otherwise make available any game or activity for the purpose of gambling or betting for money or other stakes.

Registrant shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registration.

Collection of Personal Data. The Registrant's personal data will be shared with the PW Registry and and others who may receive the data from PW Registry. However, the PW registry will not publish any personal data of the Registrant without their express consent. This Agreement and the EnCirca Privacy policy details which data are obligatory, which data is optional and how the Registrant can access and,if necessary, rectify the data held about them. The Registrant hereby consents to the submission of data required by this agreement.

27. ADDITIONAL PROVISIONS SPECIFIC TO .JOBS REGISTRATIONS [ top ]

There will be a $50 non-refundable fee for all applications submitted during the Start-up Tradename period.

In addition to agreeing to all terms contained herein, registrant also agrees to the .jobs Registry-Registrant Agreement as amended from time-to-time at the sole discretion of the .jobs Registry Operator. The current version of this agreement can be found at http://www.employmedia.com.

The Registered name Holder represents and warrants that the Registered Name Holder, during the application for the Registered Name and at all times during the existence of the Registered Name in the Registry Database, complies with: (i) the registrant eligibility requirements as provided by the Registry Operator and as modified from time to time; and (ii) the .jobs domain use restrictions as provided by the Registry Operator and as modified from time to time. The registrant eligibility requirements and use requirements are posted on the Registry Operator's website located at http://www.employmedia.com.

The Registered Name Holder acknowledges that the Registered Name Holder has read, understands and agrees to be bound by the .jobs Registry-Registrant Agreement, the registrant eligibility requirements and the use restrictions.

The Registry Operator, in its sole discretion, may revoke, cancel, deny, transfer, suspend, terminate or otherwise modify the rights of a Registered Name Holder, without any notice thereto, in the event of noncompliance by the Registered Name Holder with any provision of the Registrar's Registration Agreement, the Registry-Registrant Agreement, the registrant eligibility requirements and the use restrictions, including but not limited to submission or use of untruthful, incomplete or fraudulent registration information during the application process or subsequently thereto.

The Registry Operator is an intended third party beneficiary of the Registrar's Registration Agreement, with a right to enforce the terms and provisions contained herein.

28. ADDITIONAL PROVISIONS SPECIFIC TO .TRAVEL REGISTRATIONS [ top ]

In addition to agreeing to all terms contained herein, registrant also agrees to the .travel standards, policies, practices and procedures, as amended from time-to-time at the sole discretion of the .travel Registry Operator. The current version of these policies can be found at http://www.tralliance.info.

The Registered name Holder represents and warrants that the Registered Name Holder, during the application for the Registered Name and at all times during the existence of the Registered Name in the Registry Database, complies with: (i) the registrant eligibility requirements as provided by the Registry Operator and as modified from time to time; and (ii) the .travel domain use restrictions as provided by the Registry Operator and as modified from time to time. The registrant eligibility requirements and use requirements are posted on the Registry Operator's website located at http://www.tralliance.info.

The Registered Name Holder acknowledges that the Registered Name Holder has read, understands and agrees to be bound by the .travel Registry-Registrant Agreement, the registrant eligibility requirements and the use restrictions.

The Registry Operator is an intended third party beneficiary of the Registrar's Registration Agreement, with a right to enforce the terms and provisions contained herein.

29. ADDITIONAL PROVISIONS SPECIFIC TO .EU REGISTRATIONS [ top ]

This clause applies specifically to .eu domain names. The other clauses in this agreement also apply to .eu domain names except to the extent that they are inconsistent with this clause. In this clause, "EURid" means the "European Registry for Internet Domains vzw/asbl" (the registry appointed to administer .eu domain names), together with any validation agent acting on its behalf and any Naming Authority that may replace it.

By applying to register or renew a .eu domain name you guarantee to us that you:

Accept all applicable EURid terms and conditions; and
Meet all applicable requirements to obtain or renew the .eu domain name including EU Regulation 733/2002 and EC Regulation 874/2004 (copies of which are available on request).

It is entirely your responsibility to check that your .eu domain name application and (in the case of sunrise) any supporting evidence is correct, complete and compliant with all applicable requirements. You acknowledge that we do not provide legal or other advice. If we do provide informal assistance, you rely on it at your own risk. We have no liability of any nature if an .eu domain name application (whether sunrise or otherwise) fails because it is defective. We reserve the right not to submit an .eu domain name application to EURid without refund (except in our discretion) if:

It does not include the essential elements specified in Article 3 of EC Regulation 874/2004;
You fail within any time limit reasonably set by us (or 7 days if we do not set one) to comply with any request by us to confirm acceptance of specific EURid terms and conditions (including sunrise terms and conditions) or to provide any other information which we reasonably require;
you fail to pay the correct fee at the time of your application or we reasonably consider that the payment is fraudulent; or
we reasonably consider that registration and/or use of the domain name is likely to infringe any third party rights.

The following apply to sunrise .eu domain name applications:

If we receive more than one application for the same .eu domain name, we shall forward these to EURid in the chronological order in which they were received.
If we receive sunrise applications in advance of the relevant phase of the sunrise period, we will submit them to EURid at or as soon as reasonably practicable after the start of the relevant phase (subject to the other provisions in this agreement).
It is entirely your responsibility to ensure that any requests for supporting evidence sent to you by EURid are correctly submitted to EURid on time and in accordance with the applicable requirements. You acknowledge that if the contact email address which you supply to us for transmission to EURid is incorrect, it is likely that you will not receive such requests and that your application will fail.

The following apply to non-sunrise .eu domain name applications received by us in advance of general .eu domain name registration:

We will not accept more than one application for the same .eu domain name.
We will submit such applications to EURid at or as soon as reasonably practicable after the start of general registration (subject to the other provisions in this agreement).

Our fees are not refundable notwithstanding failure of an .eu domain name application (whether sunrise or otherwise) except insofar as stated otherwise on our website.

Important information concerning .eu domain names will be posted on our website and it is your responsibility to check it regularly for updates.

We have no obligations in relation to .eu domain names except insofar as expressly stated above.

30. ADDITIONAL PROVISIONS SPECIFIC TO .MOBI REGISTRATIONS [ top ]

Indemnify to the maximum extent permitted by law, defend and hold harmless 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 relating to the Registered Name Holder's domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement;

Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, 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 and or use, and indemnification obligation survive the termination or expiration of the registration agreement;

Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to EnCirca's being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement.

Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN;

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 Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;

Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy;

Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP");

Provide current, accurate and complete information in connection with its registration of the Domain Name and its creation, launch, and operation of the Website, including but not limited to information required for the purposes of the Whois records.

Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name;

Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.

Acknowledge that if the domain name being registered is a dotMobi Premium Name, as such are listed at http://mtld.mobi/domain/premium, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement) posted at http://mtld.mobi/node/1135, which is incorporated by reference herein.

Acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Agreement in accordance with the terms thereof, (i) any and all rights of Company to the Registration of the Domain Name, the Registration Code, and/or to create, launch, and/or operate the Website shall be terminated, and all such rights shall revert to mTLD and (ii) mTLD may grant Registration rights to the Domain Name and/or rights to the Registration Code to any entity or person in its sole discretion, and Company shall have no rights or recourse against mTLD and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person.

Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) 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; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.

Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted. (3.8.9)

Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.

31. ADDITIONAL PROVISIONS SPECIFIC TO .AERO REGISTRATIONS [ top ]

Registrant acknowledges that it has read and understood, and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are incorporated and made an integral part of this agreement:

The .aero Domain Name Management policy, which can be viewed at http://www.information.aero/index.php?id=15.
Charter Eligibility Dispute Resolution Policy ("CEDRP"). The CEDRP applies to challenges to registered domain names on the grounds that the Registrant set forth in the Sponsored TLD Charter, which can be viewed at http://www.icann.org/tlds/agreements/sponsored/sponsorship-agmt-att12-13oct01.htm.
Eligibility Dispute Resolution Policy, and can be viewed at http://www.information.aero/news/edrp.doc.

Registrant agrees that failure to abide by any provision of this agreement or any relevant domain name dispute policy may be considered by Registrar or the Sponsor as a material breach and that Registrar or the Sponsor may provide a notice describing the breach to the Registrant. If ,within 30 days of the date of the notice, the Registrant fails to provide evidence, which is reasonably satisfactory to the Registrar or the Sponsor (as the case may be) that it has not breached its obligations, then Registrar or the Sponsor may delete Registrant's registration of the domain name. Any such breach by a Registrant shall not be taken to be excused simply because the Registrar or the Sponsor did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile, email or other electronic means.

32. ADDITIONAL PROVISIONS SPECIFIC TO .ASIA REGISTRATIONS [ top ]

The Registered Name Holder consents to the use, copying, distribution, publication, modification and other processing of its Personal Data by DotAsia Organisation Limited and its designees and agents in a manner consistent with the purposes specified pursuant to the Registry-Registrar Agreement and with relevant mandatory local data protection, laws and privacy.

In addition to the complying with the Registrar's policies, the Registered Name Holder agrees to comply with those ICANN requirements, standards, policies, procedures, and practices for which the Registry Operator DotAsia Organisation Limited has monitoring responsibility in accordance with the Registry Agreement or with other arrangements with ICANN.

The Registered Name Holder agrees 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 DotAsia Organisation Limited ("Registry Policies"). The Registered Name Holder acknowledges that Registry Policies are applicable to all registrars and/or registered name holders. Any changes of the Registry Policies by the DotAsia Organisation Limited that are consistent with the Registry Agreement shall be effective upon thirty (30) days' notice by DotAsia Organisation Limited to Registrar.

The Registered Name Holder agrees to be bound by the terms and conditions as set down by DotAsia Organisation Limited during the initial launch and the general operations of the .ASIA TLD, including without limitation its Start-Up Policies where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.

The Registered Name Holder agrees to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and to proceedings commenced under ICANN's Charter Eligibility Dispute Resolution Policy ("CEDRP").

The Registered Name Holder agrees to submit to proceedings commenced under other dispute resolution policies as set forth by DotAsia Organisation Limited 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 property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .ASIA Registry.

The Registered Name Holder acknowledges and agrees to comply with the .ASIA Charter Eligibility Requirement. The Registered Name Holder acting as Registrant Contact represents and warrants that it has made known to the Charter Eligibility Declaration Contact (the "CED Contact"), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder's legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement Policy published from time to time.

Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.

The Registered Name Holder acknowledges and agrees that DotAsia Organisation Limited and Registry Services Provider, acting in consent with DotAsia Organisation Limited, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its sole discretion (i) to protect the integrity security, and stability of the registry; (ii) to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of DotAsia Organisation Limited as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein: or (v) to correct mistakes made by DotAsia Organisation Limited, the Registry Services Provider or any registrar in connection with a domain name registration. DotAsia Organisation Limited also reserves the right to freeze a Registered Name such as placing a domain name on hold, lock, or other status during the resolution of a dispute.

Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third party beneficiary rights under this Agreement in agreeing to EnCirca being a registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation Limited shall survive any termination or expiration of this Agreement. The Registered Name Holder acknowledges that in the event of conflict between this section of the Agreement and other sections of the same, this section shall prevail.

OTHER COUNTRY CODE TOP LEVEL DOMAINS [ top ]

You represent and warrant that You meet the eligibility requirements of each country code top level domain ("ccTLD") You apply for. You further agree to be bound by any registry rules, policies, and agreements for that particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLD provider, limiting the liability of the ccTLD provider, and requirements that any disputes be resolved under that particular country's laws.

33. ADDITIONAL PROVISIONS SPECIFIC TO .AT REGISTRATIONS [ top ]

You understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry.

34. ADDITIONAL PROVISIONS SPECIFIC TO .BE REGISTRATIONS [ top ]

You understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry. You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein.

35. ADDITIONAL PROVISIONS SPECIFIC TO .CO.NZ, .NET.NZ, and .ORG.NZ REGISTRATIONS [ top ]

You understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry. You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein.

If you are registering a Second Level Domain under this ccTLD, You further agree to be bound by the Second Level Domain's rules, policies, and agreements, which are incorporated and made a part of this Agreement herein.

.NZ Registration Restrictions (.CO.NZ, .ORG.NZ, NET.NZ)

You represent and warrant that You are an identifiable individual over 18 years of age or a properly constituted organization.

36. ADDITIONAL PROVISIONS SPECIFIC TO .UK ( .ORG.UK , .ME.UK, .CO.UK ) REGISTRATIONS [ top ]

You understand and agree that when You register one of these domains, that the minimum term is two years.

37. ADDITIONAL PROVISIONS SPECIFIC TO .DE REGISTRATIONS [ top ]

You represent and warrant that You meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein.

.DE Registration Restrictions

You represent and warrant that You or Your administrative contact has a German address, which cannot be a P.O. Box. You may not use the names of other top-level domains (e.g. .ARPA, .COM, .EDU, .GOV, .INT, .NET, .NATO, .MIL, .ORG and all country-related TLDs) or German automobile identification numbers as domain names.

.DE Local Presence Service

If You do not provide an administrative contact ("Admin-C") with a German address, then You shall be subject to the local presence service terms and conditions, which are part of the registration guidelines for this ccTLD. You also agree to the following:

EnCirca and You hereby request and authorize Verisign to list an individual designated by Verisign as Admin-C for the requested DENIC domain(s). Neither Verisign nor the Admin-C are required to monitor the legality of the domain name use including, not limited to, contents and services offered;
EnCirca and You acknowledge and agree that Verisign and/or the Admin-C may, without any liability to You or any third-party, take such steps as in the opinion of Verisign and/or the Admin-C are necessary in order to (a) limit Verisign's and/or the designated Admin-C's liability related to, directly or indirectly, the DENIC domain(s); (b) comply with any laws, regulations or other legal requirements; and/or (c) address any letter, causes of action, suits, proceeding, complaints, cease and desist orders and demands of any kind or any other inquiry from DENIC or any other third party related to the DENIC domain(s).Such actions may include, but are not limited to, (a) disabling the website pending resolution of the conflict and/or redirecting the DENIC domains to a blank page or placeholder; (b) cancelling the registration of the DENIC domain name(s); (c) ceasing administration of the domain name and placing it in a transit state; (d) removing or replacing the Admin-C from or in the Whois record, (e) redirecting the DENIC domain(s) to an alternate IP address; (f) allowing the registration of the DENIC domain to lapse; (g) transferring the registration to an individual or entity which is awarded the registration through any court proceeding, arbitration, or by DENIC; (h) settling any and all third party, whether threatened or made, arising out of Your use of the DENIC domain names; and/or (i) terminating the Local Presence Service.
EnCirca and You undertake to respond in writing to requests by Verisign and/or the Admin-C immediately within time limits set by Verisign and/or the Admin-C. Unless a different response deadline is requested in writing by Verisign and/or the Admin-C, EnCirca and You agree to respond in writing to such requests within forty eight (48) hours. Correspondence sent to EnCirca or You shall be regarded as delivered. Verisign or the Admin-C may, at its own discretion, request a security for its expenses which may occur in case a third party alleges that the use of the domain name is an infringement of laws. The amount of security will be determined at the Admin-C discretion in accordance with the Court Costs (GKG) and the Attorney's Remuneration Act (RVG). The security must be paid in cash or guaranteed by a major German bank or savings bank (Sparkasse) within the time limit set by Verisign and/or the Admin-C.
EnCirca AND YOU ACKNOWLEDGE AND AGREE THAT VERISIGN AND THE ADMIN-C SHALL HAVE NO LIABILITY TO YOU, EnCirca OR ANY THIRD-PARTY RELATED TO, DIRECTLY OR INDIRECTLY, THE LOCAL PRESENSE SERVICES AND/OR THE EXERCISE OF ANY OF THEIR RIGHTS UNDER THESE LOCAL PRESENSE SERVICES TERMS AND CONDITIONS. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF VERISIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, VERSIGN'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
EnCirca and You agree to release, defend, indemnify and hold harmless Verisign, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and the individual designated as Admin-C for the DENIC domain(s), 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 attorneys' fees, arising out of or related in any way to, the Local Presence Services, the DEMINC domain(s), and/or Your use of the DEMIN domain(s).

38. ADDITIONAL PROVISIONS SPECIFIC TO .JP REGISTRATIONS [ top ]

You represent and warrant that You have a local presence in Japan with a home or office address. You agree that certain domains are reserved and can only be registered by certain parties. These include:

TLDs, other than ccTLDs, as determined by ICANN;
Geographical-type .JP domain names that are defined as metropolitan, prefectural, and municipal labels;
Names of primary and secondary educational organizations
Names of organizations related to Internet management;
Names required for .JP domain name operations; and
Character strings which may be confused with ASCII-converted Japanese domain names.
The complete list of .JP Reserved Domains is available online.

Additional Requirements for .JP Registrants

You agree to be bound by any registry rules, policies, and agreements for this ccTLD, which are incorporated herein. You must choose from the following list of Japanese Prefecture codes and submit this information with Your order. Prefecture codes are defined as follows:

02 AOMORI
14 IBARAKI
26 WAKAYAMA
38 EHIME

03 IWATE
15 TOCHIGI
27 HYOGO
39 KOCHI

04 AKITA
16 GUNMA
28 TOYAMA
40 FUKUOKA

05 YAMAGATA
17 YAMANASHI
29 FUKUI
41 SAGA

06 MIYAGI
18 SHIZUOKA
30 ISHIKAWA
42 NAGASAKI

07 FUKUSHIMA
19 GIFO
31 OKAYAMA
43 KUMAMOTO

08 NIIGATA
20 AICHI
32 SHIMANE
44 OITA

09 NAGANO
21 MIE
33 YAMAGUCHI
45 MIYAZAKI

10 TOKYO
22 KYOTO
34 TOTTORI
46 KAGOSHIMA

11 KANAGAWA
23 SHIGA
35 HIROSHIMA
47 OKINAWA

12 CHIBA
24 NARA
36 KAGAWA

39. ADDITIONAL PROVISIONS SPECIFIC TO .CC REGISTRATIONS [ top ]

40. ADDITIONAL PROVISIONS SPECIFIC TO .TV REGISTRATIONS [ top ]

.TV Registration Restrictions

If You are registering a multi-lingual .TV domain name, You are aware of and agree that the domain name must be less than 16 characters in length. The FAQ on multi-lingual .TV domain names is available online.

41. ADDITIONAL PROVISIONS SPECIFIC TO .AM REGISTRATIONS [ top ]

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.

42. ADDITIONAL PROVISIONS SPECIFIC TO .FM registrants [ top ]

43. ADDITIONAL PROVISIONS SPECIFIC TO .GS, .MS, .TC and .VG REGISTRATIONS [ top ]

44. ADDITIONAL PROVISIONS SPECIFIC TO .NU REGISTRATIONS [ top ]

45. ADDITIONAL PROVISIONS SPECIFIC TO .TK REGISTRATIONS [ top ]

46. ADDITIONAL PROVISIONS SPECIFIC TO .AC REGISTRATIONS [ top ]

47. ADDITIONAL PROVISIONS SPECIFIC TO .AG REGISTRATIONS [ top ]

48. ADDITIONAL PROVISIONS SPECIFIC TO .IN REGISTRATIONS [ top ]

49. ADDITIONAL PROVISIONS SPECIFIC TO .MX REGISTRATIONS [ top ]

50. ADDITIONAL PROVISIONS SPECIFIC TO .PL REGISTRATIONS [ top ]

51. ADDITIONAL PROVISIONS SPECIFIC TO .IO REGISTRATIONS [ top ]

52. ADDITIONAL PROVISIONS SPECIFIC TO .IT REGISTRATIONS [ top ]

53. ADDITIONAL PROVISIONS SPECIFIC TO .LA REGISTRATIONS [ top ]

54. ADDITIONAL PROVISIONS SPECIFIC TO .NL REGISTRATIONS [ top ]

55. ADDITIONAL PROVISIONS SPECIFIC TO .SC REGISTRATIONS [ top ]

56. ADDITIONAL PROVISIONS SPECIFIC TO .SH REGISTRATIONS [ top ]

57. ADDITIONAL PROVISIONS SPECIFIC TO .TM REGISTRATIONS [ top ]

58. ADDITIONAL PROVISIONS SPECIFIC TO .WS REGISTRATIONS [ top ]

59. ADDITIONAL PROVISIONS SPECIFIC TO 4U.com REGISTRATIONS [ top ]

The Registrant acknowlegdes that prohibited uses of domain name include engaging in, participating in, sponsoring or hiding Your involvement in, illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) defame, embarrass, harm, abuse, threaten, or harass third parties; (ii) violate state or federal laws of the United States and/or foreign territories; (iii) involve hate crimes, bomb-making, terrorism and child pornography; (iv) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (v) impersonate the identity of a third party; (vi) harm minors in any way; or (vii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.

The Registrant acknowledges having read and understood and agrees 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 4U.com Dispute Resolution Policy ("Policy") available at http://www.icann.org/udrp/.
The Policy 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.

EnCirca and/or Registry Operator expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, pursuant to any Registrar or Registry adopted policy, to correct mistakes by EnCirca or the applicable Registry in registering the name or, 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 EnCirca, as well as its affiliates, subsidiaries, officers, directors and employees. EnCirca and/or Registry Operator also reserves the right to freeze a domain name during resolution of a dispute.

60. ADDITIONAL PROVISIONS SPECIFIC TO .ME REGISTRATIONS [ top ]

Registrant shall comply with all Registry Policies, and all other standards, policies, procedures, and practices which the Montenegrin government requires Registry to implement in accordance with the Registry Agreement or otherwise;

Registrant shall comply with all operational standards, policies, procedures, and practices for the Registry System established from time to time by Registry.

Registrant shall consent to the use, copying, distribution, publication, modification and other processing of Registrant’s personal data by Registry and its designees and agents in a manner consistent with the purposes of this Agreement;

Registrant shall submit to proceedings commenced under any dispute policy implemented by Registry, including without limitation, the Domain Name Dispute Resolution Policy ("DRP") referenced on the Registry website at www.domain.me/DRP;

Registrant shall immediately correct and update the registration information for each Registered Name during the registration term for such Registered Name;
Registrant shall agree to be bound by the terms and conditions of the initial launch and general operation of the TLD, including without limitation the Sunrise and the Land Rush periods, and the corresponding dispute resolution policies, and shall acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise or the Land Rush periods, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute procedures; and
Registrant shall acknowledge and agree that Registry 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, that it deems necessary, in its sole discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry, as well as its owners, affiliates, subsidiaries, officers, directors, and employees; (4) for violations of the any policies, terms or conditions established by Registry, including, without limitation, the Registry Policies or (5) to correct mistakes made by Registry or any registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute proceeding.

Registrant shall submit to proceedings commenced under other dispute policies as set forth by Registry from time to time, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the Registry System for the TLD.

Each Registrant of a domain name in the TLD is required to indemnify, defend and hold harmless Registry, its owners, subsidiaries, affiliates, subcontractors and agents, and the respective directors, officers, employees, affiliates and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to such Registrant’s domain name registration or the use of any domain names registered in the TLD by or on behalf of such Registrant.

61. ADDITIONAL PROVISIONS SPECIFIC TO .COOP REGISTRATIONS [ top ]

See terms for .coop domains.

62. ADDITIONAL PROVISIONS SPECIFIC TO .TEL REGISTRATIONS [ top ]

See terms for .tel domains.

62. ADDITIONAL PROVISIONS SPECIFIC TO .CM REGISTRATIONS [top]

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Terms last updated April 28, 2009

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