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This Domain Registration Agreement ("Registration Agreement") is between HostGator.com, LLC doing business as Site5 ("we," "us," or "Site5"), as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here, and you, the person or entity registering a domain or domains through Site5. By using Site5's domain registration services (the "Services"), you agree to be bound by this Registration Agreement. Please read this agreement carefully.

We may modify, add, or delete portions of this Registration Agreement at any time. In such event, we will post a notice that we have made significant changes to this Registration Agreement on the Site5 website for at least 30 days after the changes are posted and will indicate at the bottom of this Registration Agreement the date these terms were last revised. Any revisions to this Registration Agreement will become effective the earlier of (i) the end of such 30-day period or (ii) the first time you access or use the Services after such changes. If you do not agree to abide by this Registration Agreement, you are not authorized to use or access the Services.

You acknowledge and agree that Site5 may modify this Registration Agreement with or without notice in order to comply with any terms and conditions set forth by ICANN ("Internet Corporation for Assigned Names and Numbers") and/or the applicable registry administrators ("Registry Administrators") for the top level domains ("TLD") or country code top level domains ("ccTLD").

  1. Our Services
  2. Your domain registration will be effective upon occurrence of all of the following:

    1. You accept all terms and conditions of this Registration Agreement, the Terms of Service, Privacy Notice and Acceptable Use Policy;

    2. Site5 accepts (in its sole discretion) your domain registration application;

    3. Site5 receives payment of the registration, renewal and reinstatement fees, as applicable; and

    4. Site5 delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.

  3. Limitation of Liability
  4. You understand that Site5 does not control all aspects of the domain registration process. For example, once you submit a domain registration, Site5 forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. Site5 disclaims, and you agree, that Site5 is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrator. Site5 will not be held liable, nor refund a domain name registration due to spelling errors/typos.

  5. Multiple Domain Registrations
  6. Site5, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.

  7. Fees
    1. Payment of fees as a condition to domain registration. As consideration for the domain registration service provided by Site5, you agree to pay Site5, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.

    2. Reservation of right to modify fees. Site5 reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days' notice, for any reason, at its sole discretion.

    3. Credit card charge-backs for domain registrations. In the event of a charge-back to Site5 by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to Site5, as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. Site5 also reserves the right to lock your account and the remainder of your domains until we receive your payment of any administrative fees and/or chargeback fees in the amount of $50. In Site5's sole discretion, we may reinstate your domain registration, subject to Site5's receipt of the registration fee and any administrative and/or chargeback fees described above.

    4. Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until we receive your payment of any administrative fees and/or chargeback fees in the amount of $50. In Site5's sole discretion, we may reinstate your services, subject to Site5's receipt of the non-domain registration fee and any administrative and/or chargeback fees described above.

  8. Required Domain Registration Information

    1. Registration information. As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the "Registration Information"):
      1. The domain registrant's name and postal address;

      2. The domain being requested;

      3. Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain; and

      4. Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain; and

      5. Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.

    2. Additional registration information. In addition, in accordance with ICANN policies, Site5 is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, "Additional Registration Information"):

      1. The original creation date of the domain registration;

      2. The submission date and time of the registration to us and by us to the proper registry;

      3. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;

      4. Account records for your domain registration, including dates and amounts of all payments and refunds;

      5. The IP addresses of the primary nameserver and any secondary nameservers for the domain;

      6. The corresponding names of those nameservers;

      7. The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;

      8. The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain;

      9. The expiration date of the registration; and

      10. Information regarding all other activity between you and us regarding your domain registration and related services.

    3. Use of Registration Information and Additional Registration Information. You agree and acknowledge that Site5 will make available the Registration Information and the Additional Registration Information to ICANN; to other third party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that Site5 may or must make available to the public or to private entities, and the manner in which such information is made available. Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.

    4. Information updating and accuracy obligations. As a condition to continued registration of your domain, you must provide us with updated Registration Information within seven (7) days of any changes to such information. You may review, modify or update your Registration Information by accessing Site5's domain manager service, domain management console or similar service, made available at our website. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Registration Agreement and we may in our sole discretion cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiry by Site5 concerning the accuracy of the Registration Information or to contact Site5 immediately upon discovery of any willful inaccuracy (including, e.g., phone number listed as 000-0000) associated with your domain registration shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your domain registration. You further represent that you have obtained consent from any third-party individuals whose personal data you have provided as Registration Information.

    5. Information requirements for renewals. Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.

    6. Ownership of data. You agree and acknowledge that Site5 owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database ("Domain Database"), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that Site5 may use the following information for those domain registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information Site5 generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. Site5 does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. Site5 agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.

    7. Registrant Verification. You understand and agree that Registrar is required to verify the Registered Name Holder's email address within 15 days of any registration, transfer, or change to the Registered Name Holder's contact information. The Domain Name Holder's failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

      In addition, you understand and agree that Registrar is required to verify any changes to any WHOIS contact information within 15 days of any change. The Domain Name Holder's failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

  9. Domain Privacy Service

    1. If you purchased domain privacy services ("Domain Privacy"), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by Site5 as determined in its sole discretion (the "Private WHOIS Contact Information").

    2. Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.

    3. The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. Site5 may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.

    4. Notwithstanding anything to the contrary, you agree that Site5 may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize Site5 to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that Site5 is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, Site5 will NOT forward "junk" mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize Site5 to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by Site5.

    5. If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.

    6. Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search. Domain Privacy renewals after initial purchase will be at the standard list price, which is available by logging in to your account.

    7. Site5 expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:

      1. To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;

      2. To comply with ICANN's Uniform Domain Name Dispute Resolution Policy;

      3. To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party's trademark, trade name, or other legal rights;

      4. In the event you breach any provision of this Registration Agreement or any other agreement you've entered into with Site5, including, but not limited to, the Terms of Service;

      5. To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;

      6. To avoid any financial loss or legal liability (civil or criminal) on the part of Site5, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;

      7. To prevent inappropriate activity that comes to Site5's attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, 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.

    8. Pursuant to paragraph 3.7.7.3 of ICANN's Registrar Accreditation Agreement ("RAA"), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the 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 Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.

  10. Domain Parking

    1. Upon registration, the domain will be automatically placed on name servers provided by Site5, and Internet users that type in the domain will be redirected to a "coming soon" page (collectively, "parking a domain" or a "parked domain"). There is no charge for parking a domain. You hereby consent to and authorize Site5's placement of a "coming soon" page, and its associated contents, on your parked domain. You may change the name server configuration (or "un-park" the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with Site5 until you modify the name servers after the domain registration is complete, using your account manager.

    2. In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an "expired" page (collectively, "parking a domain" or a "parked domain"). There is no charge for the parked domain. By not renewing the domain, Site5 may place an "expired" page, and its associated contents, on the parked domain. You may change the name server configuration (or "un-park" the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with Site5 until you modify the name servers after the domain renewal is complete, using your account manager.

    3. The "coming soon" and/or "expired" pages may contain advertisements and other materials selected by Site5, in Site5's sole discretion. This may include, but is not limited to third-party websites, third-party product and service offerings, and/or Internet search engines. Site5 reserves the right to collect and retain all revenue obtained from such advertising and other materials.

    4. 404 Error Page. In the event you fail to configure a 404 error page, a default 404 error page will be configured by Site5 to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize Site5's placement of a default 404 error page and its associated content on your website. Site5's 404 error page may contain advertisements and other materials selected by Site5 in Site5's sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. Site5 reserves the right to collect and retain all revenue obtained from such advertising and other materials.

    5. DNS Wildcard. In the event you utilize Site5's DNS management services and fail to configure a wildcard DNS for your domain, Site5 may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. Site5 may point those subdomains to a web page that may contain advertisements and other materials selected by Site5 in Site5's sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.

  11. Registration Renewal

    1. Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. Site5 shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.

      You may be notified at Site5's sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew.

    2. Autorenewal. You agree that if you paid for any services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize but do NOT obligate, Site5 to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to Site5, unless you notify Site5 that you do not wish to participate in Site5's automatic renewal process. Site5 must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days prior to the renewal date. In the absence of such notification from you, Site5 will automatically renew, for a period of one (1) or two (2) years, as set forth by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is up for renewal and will charge the credit card or payment service account you have on file with Site5, at Site5's then current rates. You are solely responsible for the credit card or other payment information you provide to Site5 and must promptly inform Site5 of any changes thereto (e.g., change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for a failure to renew and Site5 shall not be liable for your failure.

    3. Expired domain names. You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer ("ED Transfer").

    4. New customers through domain auction or brokerage partners and/or ED Transfers. If you are registering a domain name that was registered with, and not yet deleted by, Site5 at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any previous transfer.

  12. Domain Dispute Resolution Policy

  13. You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold Site5 harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain ("SLD") name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN's Uniform Rapid Suspension ("URS") and to submit to any proceedings commenced pursuant to the URS, if applicable.

  14. Change of Registrant of Domains
    1. Change of Registrant. Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).

      We are required to deny a change of registrant for any of the following reasons:
      1. the domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;
      2. the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or
      3. the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:
        1. Uniform Domain-Name Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);
        2. Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en);
        3. Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en); or
        4. a court order.

      Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.

      Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.

    2. Designated Agent You hereby explicitly authorize us to act as Designated Agent to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with the requirements of ICANN’s Transfer Policy (https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).

    3. Transfer of registration to another registrant.The entity or person named as the "registrant" at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, Site5 reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurance as determined by Site5 in its sole discretion) and actual payment of the transfer fee, if any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without paying Site5 the amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.

    4. When changing the name of registrant within Site5, you agree that at Site5's discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or such reasonable time as determined at Site5's discretion) by registrant that was listed immediately prior to change or in the event of suspected fraud in connection with the change of the registrant name as determined by Site5 in its sole discretion.

    5. Transfer of registration to or from another registrar. When transferring a domain name into Site5 as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by Site5 in its sole discretion. At the time of transfer into Site5, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. Site5 may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.

    6. RESTRICTIONS ON REGISTRAR TRANSFERS. For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into Site5. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to Site5 for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by Site5 to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

      For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

    7. Transfer Lock. You agree that Site5 may, but is NOT obligated to, automatically opt your domain name into its Transfer Lock service to help protect against unauthorized transfers (applicable for .com and .net domain names). Site5 does NOT warranty NOR guarantee the service will prevent any unauthorized transfer of domain name(s). You may log in to your account and disable this service at anytime if you do not wish to use the service. Site5 will NOT be liable for any inconvenience this may cause you to properly transfer your domain. You are solely responsible for a failure to transfer the domain. Site5 shall not be liable for your failure.

  15. Agents and Licensing

  16. You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at Site5's discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.

  17. Representations and Warranties
  18. In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Registration Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.

  19. Indemnification
    1. Indemnification of Site5. You will indemnify, hold harmless, and defend Site5 and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the "Indemnified Parties") from any and all Claims. "Claim" means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arises out of: (a) your breach of this Registration Agreement or any of Site5's policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). "Reasonable attorneys' fees and costs" as used in this Section 13 includes without limitation fees and costs incurred to interpret or enforce this Section 13. Site5 may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. Site5 will provide you with reasonably prompt notice of any Claim.

    2. Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.

    3. These indemnification obligations shall survive the termination or expiration of this Registration Agreement.

  20. Warranty Disclaimer; Limitation of Liability

    1. Disclaimer of warranty. SITE5 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, SITE5 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.

    2. Limitation of liability. YOU AGREE THAT SITE5 AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND SITE5'S OR ANY OF SUCH INDEMNIFIED PARTIES' REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. SITE5 AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Site5 OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SITE5'S OR ANY OF SUCH INDEMNIFIED PARTIES' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.

  21. Term and Termination

    1. Term. The term of this Registration Agreement commences on the day you accept this Registration Agreement to the day until the occurrence of any of the following: (a) your domain registration is cancelled; (b) your domain is transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 15.c, below) (collectively, "Termination"). Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this Registration Agreement shall survive any such expiration or termination.

    2. Domain suspension, cancellation or transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, "Cancellation") (a) to correct mistakes by Site5, another registrar, or a Registry Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing anyone else's rights, prior to registration. If the domain name you have registered is found to be infringing on another person's rights, determined in Site5's discretion, Site5 has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund. You also agree that Site5 shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after such time as Site5 receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.

    3. Termination. Site5 reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by Site5; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you otherwise violate this Registration Agreement as determined by Site5 in its sole discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.

    4. Survival. The following provisions will survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15 and 16.

  22. Additional Terms

    1. Personal Data. Site5 incorporates its Privacy Notice by reference. Please read our Privacy Notice by clicking here. In addition, you hereby represent that you have provided Site5's Privacy Notice to any person whose personal data you disclose to Site5 and that you have obtained their consent to the foregoing.

    2. Governing law; jurisdiction. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Registration Agreement, your rights and obligations and all actions contemplated by this Registration Agreement shall be governed by the laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Registration Agreement. Any suit, action or proceeding concerning this agreement must be brought in a state or federal court located in Texas. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

    3. Notices. You agree that any notices required to be given under this Registration Agreement by Site5 to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

    4. Relationship. Site5 and you are independent contractors and nothing contained in this Registration Agreement places Site5 and you in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

    5. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Registration Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

    6. Severability. If any provision or portion of any provision of this Registration Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

    7. Assignment. You may not assign or transfer this Registration Agreement or any of your rights or obligations hereunder, without the prior written consent of Site5 and/or without using the Site5 domain transfer process in compliance with ICANN's policies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Site5 may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Registration Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that Site5 may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.

    8. Intellectual property. Except for your Content (as defined above), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, " Site5 Content"), are the proprietary property of Site5. No Site5 Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purposes in any form or by any means, in whole or in part, other than as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Site5 Content. Any use of the Site5 Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the services and the Site5 Content granted herein. All rights of Site5 or its licensors that are not expressly granted in this Registration Agreement are reserved to Site5 and its licensors.

    9. Entire agreement. This Registration Agreement, and the attachments and documents referenced herein, including but not limited to the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and Site5, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.

APPENDIX 1.

ADDITIONAL REGISTRY REQUIREMENTS

Listed below are additional contractual requirements that you the registrant must agree to should you desire to register a domain in these registries.

  1. Should you seek to register a gTLD from the Afilias Limited registry, or an Afilias subsidiary registry, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Afilias Limited registry, and all Afilias subsidiary registry domain registrations. A non-exhaustive list of Registry TLDs may be found here.

    1. You understand and agree to comply with all ICANN standards, policies, procedures and practices.

    2. You agree to immediately correct and update the Registration Information for the Registered Name Holder upon any change.

    3. You agree to be bound by the operational standards, policies, procedures and practices for the Afilias Limited registry, or any Afilias subsidiary registry (the "Registry") as established by the Registry (available here), including without limitation the Registry policies, the terms and conditions of initial launch established by Registry, including without limitation, land rush and sunrise period, and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush, sunrise period, or other period associated with the initial launch of the Registry TLD, including, without limitation your ability/inability to obtain a registered name during that period.

    4. You acknowledge and agree 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 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 comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement the Registry has with ICANN; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the Registration Agreement; (6) following an occurrence of any of the prohibited activities; or (7) 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.

  2. .COM - Should you seek to register a .COM top level domain, you must agree to be bound by the following additional terms:

    1. The Registrant shall be prohibited from distributing malware, abusively operating botnets, phishing, pharming, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law and providing (consistent with applicable law and any related procedures) consequences for such activities, including suspension of the registration of the Registered Name;
    2. The Registrant shall acknowledge and agrees that Verisign reserves the right to deny, cancel, redirect or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by Verisign or any Registrar in connection with a domain name registration, (3) for the non-payment of fees to Verisign, (4) to protect against imminent and substantial threats to the security and stability of the Registry TLD, System, Verisign’s nameserver operations or the internet, (5) to ensure compliance with applicable law, government rules or regulations, or pursuant to any legal order or subpoena of any government, administrative or governmental authority, or court of competent jurisdiction, and/or (6) to stop or prevent any violations of any terms and conditions of this Agreement, the Operational Requirements, or pursuant to Verisign’s Registry Agreement with ICANN.
  3. .BIZ. Should you seek to register a .BIZ second level domain, you must agree to be bound by the following terms:

    1. 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 or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
      1. To exchange goods, services, or property of any kind;

      2. In the ordinary course of trade or business; or

      3. To facilitate:

        1. the exchange of goods, services, information, or property of any kind; or
        2. the ordinary course of trade or business.

      Registering a domain solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation shall not constitute a "bona fide business or commercial use" of that domain.

    2. BIZ CERTIFICATION. As a .biz domain registrant, you hereby certify to the best of your knowledge that:

      1. The registered domain will be used primarily for bona fide business or commercial purposes and not:

        1. exclusively for personal use; or

        2. solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html.

      1. The domain registrant has the authority to enter into the registration agreement; and

      2. The registered domain is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

    1. PROVISION OF REGISTRATION DATA.

      1. 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:

      2. your full name, postal address, e mail address, voice telephone number, and fax number if available;

      3. the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;

      4. the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain;

      5. the corresponding names of those nameservers;

      6. the full name, postal address, email address, voice telephone number, and fax number if available of the technical contact for the domain;

      7. the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain;

      8. the name, postal address, email address, voice telephone number, and fax number if available of the billing contact for the domain; and

      9. any remark concerning the registered domain that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Registration Agreement.

      1. Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain 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 email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain concerning the accuracy of contact details associated with any registration(s) or the registration of any domain(s) registered by or through you or your account, shall constitute a breach of this Registration Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain(s) and for the purposes of this Registration Agreement and as required or permitted by the ICANN Registration Agreement or any ICANN/Registry Policy.

      2. DOMAIN DISPUTE POLICY. If you reserved or registered a .biz domain through us, you agree to be bound by our current domain dispute policy that is incorporated herein and made a part of this Registration 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 Registration Agreement:

1. The Uniform Domain Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.

2. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and

3. The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.

The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain 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 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 registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain 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 is being used primarily for business or commercial purposes or that a domain is being used in compliance with the SUDRP or UDRP processes.

      1. DOMAIN 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 website at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain 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 Registration Agreement. We will not refund any fees paid by you if you terminate your Registration Agreement with us.

      2. DOMAIN DISPUTES. You agree that, if your use of our domain 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 dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Registration Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain registration services, you agree not to make any changes to your domain record without our prior approval. We may not allow you to make changes to such domain record until:

1. we are directed to do so by the judicial or administrative body; or

2. we receive notification by you and the other party contesting your registration and use of our domain 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 registration services, we may deposit control of your domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.

      1. RESERVATION OF RIGHTS. Site5 and the .biz Registry Operator, NeuLevel 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 Site5 and/or NeuLevel, as well as their affiliates, subsidiaries, officers, directors and employees. Site5 and NeuLevel also reserve the right to freeze a domain during resolution of a dispute.

3. .NAME. Should you seek to register a .NAME second level domain, you must agree to be bound by the following terms:

    1. Eligibility Requirements. You represent and warrant that every registration you are applying for in the .name TLD satisfies the eligibility requirements ("Eligibility Requirements") established by Global Name Registry Ltd., the registry for the .name TLD, which are available at the following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.

    2. Dispute Resolution Policies. You agree that every service for which you register is subject to the Uniform Domain Dispute Resolution Policy (the "UDRP") and the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), which are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm. Without limiting the foregoing, you agree that:

      1. every Defensive Registration is subject to challenge pursuant to the ERDRP;

      2. if a Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registration Holder will pay the challenge fees;

      3. if a challenge to a Defensive Registration is successful, the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registration Holder's other Defensive Registrations; and

      4. if a Phase I Defensive Registration (as defined by the .name registry) is successfully challenged on the basis that it does not meet the applicable eligibility requirements, the Defensive Registration Holder will thereafter be required to demonstrate, at its expense, that it meets the eligibility requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .name through any registrar. In the event the Defensive Registration Holder is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s)will be cancelled.

    1. Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that neither the .name registry nor VeriSign shall have any liability of any kind for any loss or liability resulting from:

      1. the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Registered Name, a second-level domain email address registration (an "SLD Email Address"), a Defensive Registration, or a NameWatch Registration using the services provided by VeriSign or the .name registry; or

      2. any dispute over any Registered Name, SLD Email Address, Defensive Registration or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.

4. .MOBI - Should you seek to register a .MOBI second level domain, you must agree to be bound by the following terms:

    1. Provide current, accurate and complete information in connection with the 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 record.

    2. Indemnify to the maximum extent permitted by law, defend and hold harmless the .MOBI 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 your domain name registration and or use, and this indemnification obligation survives the termination or expiration of the registration agreement;

    3. Indemnify, defend and hold harmless .MOBI 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 your domain name registration and or use, and this indemnification obligation survives the termination or expiration of the registration agreement;

    4. Acknowledge and agree that notwithstanding anything in this Registration 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 Registration Agreement. As such, the parties to this Registration 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 Registration Agreement in agreeing to Site5 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 Registration Agreement.

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

    6. Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the .MOBI Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or domain registrants, and consistent with the Registry Registration Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;

    7. Consent to the use, copying, distribution, publication, modification and other processing of your Personal Data by dotmobi, the .MOBI Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract and with relevant mandatory local data protection, laws and privacy;

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

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

    10. Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the .MOBI 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:

      1. the ability or inability of a registrant to obtain a Registered Name during these periods, and

      2. the results of any dispute made during the limited industry launch or over a Sunrise Registration.

    1. Acknowledge and agree that the .MOBI Registry and .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion:

      1. to protect the integrity and stability of the registry;

      2. to comply with all 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 the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;

      4. for violations of the terms and conditions herein; or

      5. 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.

    1. Acknowledge and agree that you 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 .MOBI 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.

    2. 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.

    3. 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 Registration Agreement (formerly known as the dotMobi Auction Registration Agreement) posted at https://afilias.info/policies, which is incorporated by reference herein.

    4. Acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Registration 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.

5. AERO. With respect to any registration of a .AERO domain name, you agree to the following terms:

    1. Registrar's agency

The Registrar acts as agent for the Registry Operator and the Sponsor for the sole purpose, and only to the extent necessary, to enable the Registry Operator and the Sponsor to receive the benefit of rights and covenants conferred on each of them under this agreement.

    1. Terminology

      1. Domain name means the .aero domain name registered by the Registrant.

      2. Policy means the .aero Domain Name Management policy, which can be viewed at http://www.information.aero/index.php?id=15.

      3. Registrant means an applicant for, or licensee of, a domain name.

      4. Registrar means Site5.

      5. Registry Operator means SITA Information Networking Computing BV, a Netherlands corporation with its place of business at Heathrowstraat (Sloterdjik), 1043Ch Amsterdam, The Netherlands, the person responsible for administering the .aero domain name registry.

      6. Sponsor means Societe Internationale de Telecommunications Aeronautiques, a Belgian co-operative corporation registered with the Belgian Registrar of companies number B 217.548., the Sponsor of the .aero domain name.

    1. Warranty

Registrant warrants that:

      1. to the best of Registrant's knowledge and belief, neither its registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party; and

      2. the domain name complies with the Policy. Breach of this warranty will constitute a material breach of this Registration Agreement.

    1. Provision of registration data

As part of the registration process, Registrant is required to provide certain information and agrees to update this information to keep it current, complete and accurate. This information includes:

      1. Registrant's full name, postal address, email address, voice telephone number, and fax number if available;

      2. the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation;

      3. the names of the primary nameserver and any secondary nameserver(s) for the domain name;

      4. the full name, postal address, email address, voice telephone number, and fax number if available of the technical contact for the domain name;

      5. the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain name; and

      6. the name, postal address, email address, voice telephone number, and fax number if available of the billing contact for the domain name.

    1. Inaccurate or unreliable data

Registrar represents and warrants that the data provided in the domain name registration application is true, correct, up to date and complete and that Registrant will continue to keep all the information provided up to date. Registrant's willful failure promptly to update information provided, or any failure to respond for over 15 calendar days to inquiries by the Registrar, the Registry Operator and the Sponsor addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through the Registrant, shall constitute a breach of this agreement and be a basis for cancellation of the domain name.

    1. Use of information

Registrant acknowledges that information provided by the Registrant will be:

      1. transmitted to the Registry Operator for registry use;

      2. publicly available as required by ICANN; and

      3. used by the Registrar, the Registry Operator and the Sponsor for inclusion in registers and data bases produced by them or their licensees.

    1. Correction of data

Registrant may access data provided and rectify any incorrect data relating to Registrant through a login and password provided by Registrar (if available) or by making requests to Registrar's customer support group.

    1. Consent

Registrant consents to the use of the information provided by it for the purposes set out in clause 6. If Registrant does not consent to the use of the information for the purposes set out in clause 6(c), then the Registrant must provide non consent verification stating the name and address of the Registrant and signed by an appropriate authorized individual. This must be sent to Site5, 2500 Ridgepoint Drive, Suite 105c Austin TX 78754 Attn: Legal Department.

    1. Notice to third parties

      1. it has provided, or will provide, to each third party individual whose personal details the Registrant has provided to Registrar, the same information about use of those details as set out in clauses 6, 7 and 8; and

      2. each third party individually has consented to use of their personal data for the purposes set out in this agreement.

    1. Use of information

The Registrar, the Registry Operator and the Sponsor will not process information in a manner incompatible with the purposes and limitations set out in clauses 6 and 7 of the Registrar Registration Agreement.

    1. Reasonable precautions

The Registrar, the Registry Operator and the Sponsor will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorized access or disclosure, alteration or destruction.

    1. Limitation of liability

To the extent permitted by law, Registrant agrees that neither the Registrar, the Registry Operator and the Sponsor have any liability to the Registrant or the Registrant's agent for any loss Registrant may incur in connection with the processing of this agreement, the processing of any pre-registration application or application for a domain name, the processing of any authorized modification to the domain name's record during the covered registration period, or the failure by the Registrant's agent to pay a pre-registration or registration fee or renewal fee, or as a result of the application of the provisions of the relevant domain name dispute policy.

    1. Suspension, cancellation, transfer

Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by the Registrar or the Sponsor pursuant to any Sponsor or ICANN adopted specification or policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN adopted specification or policy:

      1. to correct mistakes by Registrar, the Registry Operator of the Sponsor in registering the domain name; and

      2. for the resolution of disputes concerning the domain name

    1. Indemnity

The Registrant agrees to indemnify, keep indemnified and hold the Registrar, the Registry Operator, the Sponsor and their directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant's domain name registration or pre-registration, or to the Registrant's use of the domain name.

    1. Submission to jurisdiction

For the adjudication of disputes concerning or arising from the use of the domain name, the Registrant submits, without prejudice to other potentially applicable jurisdictions, to the jurisdictions of the courts of:

      1. the Registrant's domicile; and

      2. the place where the Sponsor is located.

    1. Domain name license

Domain Names will be registered to Registrants only for fixed periods. At the conclusion of the registration period, failure by or on behalf of the Registrant to pay a renewal fee within the time specified shall, in the absence of extenuating circumstances, result in cancellation of the registration. The domain name is personal to the Registrant, and the Registrant may not transfer or license the domain name to any other person.

    1. Changes to the Domain Name Management Policy

The Registrant acknowledges that the Policy is expected to evolve. Changes in the Policy may result in cancellation or non-renewal of the registration or a change of terms under which the registration may be maintained.

    1. Registration Agreement with policies

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:

      1. Uniform Domain Name Dispute Resolution Policy ("UDRP"). The UDRP applies to challenges to a registered domain name on the grounds that the domain name is identical with or confusingly similar to a trademark in which the complainant has rights, and can be viewed at http://www.icann.org/dndr/udrp/policy.htm;

      2. 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.

      3. Rules for Charter Eligibility Dispute Resolution Policy may be viewed at http://www.information.aero/registration/policies/cedrp_rules

    1. Breach

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.

6. With respect to any registration of a .COOP domain name, you agree to the following terms:

    1. You hereby enter into and agree to be bound by the terms and conditions of the Registration Agreement between DotCooperation LLC located at the following URL: http://www.nic.coop/Downloads/.

7. .ASIA -- Should you seek to register a .ASIA top level domain, you must agree to be bound by the following terms:

    1. Definitions:

      1. "Applicant" means a natural person or legal entity seeking to use the services of the Registrar and/or Pool to become a Registrant of a .asia domain name, and the Applicant Party to this Registration Agreement.

      2. "Participant" means a natural person or legal entity whose name appears on the Registry qualified Auction list, and being the Applicant, or the Applicant's agent (e.g., the OPN Contact as defined by the Registry and/or the Registrar acting as agent for the Applicant), and who actively participates in the Auction.

      3. "Pool.com&qlock or place on hold a domain name during the resolution of a dispute.

      4. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, the procedure and process for compliance with the ICANN Trademark Clearinghouse and any Sunrise Dispute Resolution Policy, and further that Registry has 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: (1) the ability or inability of a registrant to obtain a registered name during these periods, (2) the results of any dispute over a sunrise registration.

      5. You agree to comply with the operational standards, policies, procedures and practices as established by the Registry, including without limitation the Registry's service provider policies, available here, and the Registry’s policies, available here.

      6. You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.

      7. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which the Registry has monitoring responsibility.

      8. You agree that if you collect and maintain sensitive health and/or financial data, you will comply with applicable laws on the provision of such services and including security measures applicable to that sector.

      9. You agree that the TLD may have non-uniform pricing and the cost of initial registration may differ from the cost of renewal.

    1. Should you seek to register a .BROKER, .FOREX or .TRADING TLD from DotBroker Registry Limited, DotForex Registry Limited or DotTrading Registry Limited, respectively ("Registry"), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all a .BROKER, .FOREX and .TRADING domain registrations.

      1. You agree the Registry is entitled to verify the truth, accuracy and completeness of any information you provide. You further agree to fully comply and cooperate with the Registry with such verification and to furnish all requested documentation.

      2. You represent you possess any necessary authorizations, charters, licenses, and/or other related credentials for participation in the sector associated with this TLD.

      3. You agree to provide, and report any changes to, contact information for the relevant regulatory, or industry self-regulatory, bodies in your main place of business. This information may be submitted to support@Site5.com.

      4. You agree to comply with the appropriate regulations and licensing requirements required to conduct activities in the best interest of your customers.

      5. You agree in the event of a transfer, we and Registry have the right to withhold registration of the transfer pending confirmation the transferee has the authorizations, charters, licenses, and/or related credentials.

      6. You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.

      7. You agree to comply with all Registry policies (available here for .BROKER, here for .FOREX and here for .TRADING), including the Acceptable Use Policy (available here for .BROKER, here for .FOREX and here for .TRADING).

      8. You agree not to enter into any settlement or compromise of any indemnifiable claim without Registry's prior consent, which consent shall not be unreasonably withheld and that this indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.

      9. You acknowledge and agree that if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable laws, policies and/or regulations.

      10. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.

      11. You agree to comply with all operational standards, policies, procedures and practices for the Registry TLD as established from time to time.

    1. .TUBE - Should you seek to register a .TUBE TLD ("Registry TLD") from Latin American Telecom, LLC ("Registry"), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .TUBE domain registrations.

      1. You 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 discretion; (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration, or (3) for the non-payment of fees to Registry.

      2. You agree to comply with all applicable ICANN policies and Registry policies for resolution of disputes concerning domain names.

      3. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry.

      4. You agree to comply with Registry's Acceptable Use policies, and Terms of Service, as they may be instituted or updated from time to time and published on the Registry website (here).

      5. 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:

        1. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;

        2. The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and

        3. The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.

    1. .CN - Should you seek to register a .CN TLD ("Registry TLD") from CNNIC ("Registry"), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .ES domain registrations. You acknowledge that you have read all Registry Policies, available here, including the CNNIC Domain Name Dispute Resolution Policy.

    2. .EU - SHOULD YOU SEEK TO REGISTER A .EU TLD ("REGISTRY TLD") FROM EURID ("REGISTRY"), YOU MUST AGREE TO BE BOUND BY THE FOLLOWING ADDITIONAL TERMS. IN THE EVENT THAT A TERM IN THIS SECTION CONFLICTS WITH THE REGISTRATION AGREEMENT, THE TERMS OF THIS SECTION SHALL APPLY TO ANY AND ALL .EU DOMAIN REGISTRATIONS. YOU ACKNOWLEDGE THAT YOU HAVE READ ALL REGISTRY POLICIES, INCLUDING THE ELIGIBILITY REQUIREMENTS AND RULES FOUND IN THE .EU DOMAIN NAME REGISTRATION POLICY AVAILABLE HERE, AND OTHER REGISTRY POLICIES AVAILABLE HERE. YOU FURTHER ACKNOWLEDGE YOU MEET ALL THE REQUIREMENTS OF EC REGULATION 733/2002 AND EC REGULATION 874/2004 (AVAILABLE HERE AND HERE, RESPECTIVELY).

    3. ALL OTHER ccTLDs:

      1. Eligibility Requirements. You represent and warrant that every registration you are applying for in the cc TLD satisfies the eligibility requirements ("Eligibility Requirements") established by the Registry Administrator for that specific country.


    Last Modified on August 06, 2020


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