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1. FEES
You agree that upon submission of your domain name registration
application, domain name renewal application, or registrar transfer
application, to pay us our then current service fees as set forth in
our price schedule. We reserve the right to prospectively change our
fees or to institute new fees at any time, for any reason, at our
sole discretion and you agree to be bound by any fee increase. You
agree to pay all value added, sales and other taxes (other than
taxes based on Domain-Beacon’s income) related to Domain-Beacon’s
services or payments made by you hereunder.
1.1
Fees are Non-Refundable. All fees are due at the time of
registration and are non-refundable, in whole or in part, even if
the domain name registration is suspended, cancelled or
transferred prior to the end of the registration term.
1.2 Renewal Notice and Fees. You will be notified via email
that renewal fees are due at least thirty (30) days prior to the
expiration date of a domain name registration. You will receive
additional notifications as the expiration date approaches. All
emails will be sent to the email address of the domain name
account holder and the billing contact. You are required to keep
the email address of the domain name account holder and the
billing contact current. We are not responsible for the loss or
misdirection of the email expiration notices, including but not
limited to, emails lost due to an invalid email address in our
system, a spam filter on the mail server, or any other impediment
to delivery. Emails are sent as a courtesy only- the responsibilty
of renewing a domain lies solely with the account holder and/or
registrant of the domain. Any renewal of our services is subject
to our then current terms and conditions, the payment of all
applicable service fees at the time of renewal, and the domain
name registry's acceptance of the renewal of your domain name
registration.
5 days prior to
expiration, your domain will be placed on hold status, in
preparation for release. This will result in websites and email
not resolving for those 5 days. After this period, should you fail
to renew or cancel your domain name registration by the expiration
date, your domain name registration shall AUTOMATICALLY EXPIRE and
you shall lose all rights in and to the expired domain name.
Expired domain names are routinely deleted on a regular basis.
There is no grace period and under no circumstances will
Domain-Beacon be able to renew the domain after the automatic
expiration.
Although you will no
longer be able to renew your expired domain name, you can redeem
it under the Registrar Redemption program. For a fee of $100.00
(plus the cost of your renewal), Domain-Beacon will attempt to
restore your domain to its original status. This redemption
program is valid for 30 days from the release of your domain.
After that time, you may attempt to re-register the expired domain
name as new.
1.3 Credit Card Charge Backs. In the event of a
charge back by a credit card company or other non-payment by you
in connection with your registration, renewal, or registrar
transfer fee, you acknowledge and agree that the domain name
registration shall be transferred to Domain-Beacon, that
Domain-Beacon shall be deemed the entity that paid the
registration, renewal, or transfer fee, and that Domain-Beacon
shall have all rights regarding such domain name including, but
not limited to, the right to sell the domain name to a third
party. You further agree that your user account will be suspended,
rendering all other domains in the account subject to the same
terms as the domain charged back. Domain-Beacon may, in its sole
discretion, reinstate your domain name registration, and/or access
to your domain user account, upon its receipt of the registration
or renewal fee and a US $200 reinstatement fee.
2. REGISTRATION INFORMATION
You acknowledge and agree that in order for us to provide you domain
name registration and related services, you must provide us with
certain information and that we will maintain certain information
about you and your registration.
2.1 Required
Information
During the domain name registration process, you must provide us
the following ICANN required information:
(a) The domain name
being registered;
(b) The IP addresses and the names of the primary nameserver and
the secondary nameserver for the domain name;
(c) Your full name (or the name of the authorized person for
contact purposes if the domain holder is an organization,
association, or corporation), postal address, email address, voice
telephone number, and fax number (if available) of the
administrative contact for the domain name;
(d) The full name, postal address, email address, voice telephone
number, and where available, fax number for the administrative
contact, technical contact and billing contact for the domain
name.
You acknowledge and
agree to immediately correct and update the registration
information for any domain name registered hereunder during the
registration term for such registered domain name.
You also acknowledge and agree that when you renew a domain name
registration, the type of information you are required to provide
may have changed. If you do not wish to provide the new required
information, we, in our discretion, may not renew your
registration.
2.2 Additional Registration Information
In addition to the information you are required to provide in
clause 2.1 of this Agreement, we maintain additional information
relating to your domain name registration, including:
(a) the original
creation date of a domain name registration, renewal or request
for service;
(b) the submission date and time of a registration or renewal
application to us and by us to the appropriate registry;
(c) communications constituting registration orders, renewals,
modifications, or terminations and related correspondence;
(d) records of account, including dates and amounts of all
payments;
(e) the expiration date of the registration; and
(f) other information regarding all other activity between you and
us regarding your domain name registration and related services.
2.3 Disclosure of Third Party Information
If in applying for the registration of a domain name you are
providing information about a third party, or if you license a
domain name registered in your name 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 Agreement, and (b) that you have obtained
that third party's express consent to the disclosure and use of
that party's information as set forth in this Agreement.
2.4 Obligation To Provide Accurate Information
You acknowledge and agree that any of the following actions or
in-actions shall constitute a material breach of this Agreement
and shall be a sufficient basis for cancellation of your domain
name registration:
(a) your willful
provision of inaccurate or unreliable information;
(b) your willful failure to promptly update information you
provided to us, or
(c) your failure to respond for over ten (10) calendar days to our
inquires concerning the accuracy of contact details associated
with your domain name registration.
2.5 Security
Our system utilizes 128 bit encryption technology to send and
receive information pertaining to the registration, renewal, and
transfer of a domain name.
2.6 Disclosure and Use of Information
Domain-Beacon will take reasonable precautions to protect personal
information obtained from Registrant from loss, misuse,
unauthorized access or disclosure, alteration or destruction.
ICANN requires all accredited domain name registrars to make
domain name registration information available in bulk form to
third parties who agree not to use it to (i) allow, enable or
otherwise support the transmission of mass unsolicited, commercial
advertising or solicitations via e-mail (spam) or (ii) enable high
volume, automated, electronic processes that apply to our systems
to register domain names.
You acknowledge, consent and agree that the information you
provided Domain-Beacon in the domain name registration application
will be: (i) transmitted to the registry or registry administrator
for registry use; (ii) made publicly available as required by
ICANN; and (iii) used by Domain-Beacon for inclusion in databases
produced and used by Domain-Beacon.
We agree that we will not process any Personal Data collected from
you, if any, in a way that is incompatible with the purposes and
other limitations set forth in this Agreement.
Except for the ICANN required third-party bulk access,
Domain-Beacon does not sell or intend to sell access to the
information it collects and maintains during the domain name
registration process.
3. DOMAIN NAME DISPUTE POLICY
You agree to be bound by our Domain Name Dispute Policy (the
"Dispute Policy"), as amended from time to time, which is
hereby incorporated and made a part of this Agreement by
reference.
3.1 Domain
Name Dispute Policy Modifications. You agree that we, in our
sole discretion, may modify our dispute policy. We will post any
modifications to our dispute policy on our Web site at least
thirty (30) calendar days before it becomes effective. You agree
to periodically review our Web site to be aware of any such
modifications. No employee, contractor, agent or representative of
Domain-Beacon is authorized to alter or amend the terms and
conditions of this Agreement.
Your continued use of
Domain-Beacon as your domain name registrar or the use of any of
Domain-Beacon's other domain name services after the modifications
to the Dispute Policy becomes effective, shall constitute your
acceptance of those modifications. If you do not agree to such
modifications, you may terminate this Agreement by written request
and your domain name will be cancelled or you may transfer your
domain name to another registrar. No refunds, in whole or in part,
will be provided for domain names that are cancelled or
transferred to another registrar.
3.2 Domain
Name Disputes. You agree that, if your use of our domain name
registration services is challenged by a third party, you will be
subject to the provisions specified in our dispute policy in
effect at the time of the dispute. You agree that in the event a
domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and
conditions set forth below in this Agreement.
If we are notified that a complaint has been filed with a judicial
or administrative body regarding your use of our domain name
registration services, you agree not to make any changes to your
domain name record without our prior approval. We may not allow
you to make changes to such domain name record until (i) we are
directed to do so by the judicial or administrative body, or (ii)
we receive notification by you and the other party contesting your
registration and use of our domain name registration services that
the dispute has been settled. Furthermore, you agree that if you
are subject to litigation regarding your registration and use of
our domain name registration services, we may deposit control of
your domain name record into the registry of the judicial body by
supplying a party with a registrar certificate from us. You agree
that we will comply with all court orders, domestic or
international, directed against you and/or the domain name
registration.
4. AGENTS
You agree that, if you are registering, renewing, transferring, or
modifying a domain name for someone else, you represent that you
have the authority to nonetheless bind that person as a principal to
all terms and conditions provided herein, including the Dispute
Policy. You accept liability for harm caused by wrongful
registration, renewal, transfer or modification of a domain name.
You agree that, if your agent (e.g., an Internet Service Provider,
employee, etc.) purchased our service(s) on your behalf, you are
nonetheless bound as a principal by all terms and conditions herein,
including the Dispute Policy. Your continued use of our services
shall ratify any unauthorized actions of your agent. By using your
login name, account number or password, or otherwise purporting to
act on your behalf, your agent certifies that he or she is
authorized to apply for our services on your behalf, that he or she
is authorized to bind you to the terms and conditions of this
Agreement and that he or she has apprised you of the terms and
conditions of this Agreement, and that he or she is otherwise
authorized to act on your behalf. In addition, you are responsible
for any errors made by your agent.
5. LICENSE OF DOMAIN
NAMES
You agree that if you license
the use of our domain name registration services to a third party,
you remain responsible for complying with all terms and conditions
of this Agreement, and you accept liability for harm caused by such
licensee's wrongful use of our domain name registration services,
unless you promptly disclose the identity of such license upon
request by any person who provides reasonable evidence of actionable
harm.
6. REGISTRAR TRANSFER
Registrant agrees that it can transfer one or more domain name
registration, in accordance with ICANN or registry policy, from or
to Domain-Beacon. Registrant also acknowledges and agrees that
express authorization from someone with apparent authority to
legally bind the domain name holder is required before such a
transfer can occur. You can authorize the transfer of a registration
to Domain-Beacon by completing the Registrar Transfer Application.
You agree that you shall not transfer your domain name registration
until sixty (60) days have elapsed from the time of initial domain
name registration. You agree that the transfer of domain name
registrations may be refused if there is a dispute concerning the
domain name or the domain name holder's identity. You further agree
that you shall not transfer your domain name registration to another
registrar if there are less than ten (10) days remaining in your
registration term.
7. OWNERSHIP CHANGE
You may transfer your domain name registration to a third party of
your choice. You agree that in the event you request the transfer of
your domain name ownership, you shall relinquish the domain name
registration being transferred, release Domain-Beacon from all of
its obligations under this Agreement, and release Domain-Beacon from
any and all liabilities, demands, and claims related to such a
transfer of domain name ownership. (Click
here to request an ownership change).
8. MANAGE YOUR DOMAIN NAME REGISTRATION INFORMATION
If you have registered a domain name with Domain-Beacon or
transferred a domain name to Domain-Beacon, you may change any of
the domain name registration information at any time (Click
here to change domain name registration information). You must
use the Username and the Password that you selected when you
registered or transferred your domain name with us. Please safeguard
your Username and Password from any unauthorized use. You must
immediately notify us of any unauthorized use of your Username or
Password and you are responsible for any unauthorized activities,
charges and/or liabilities made on or through your Username or
Password. In no event will Domain-Beacon be liable for the
unauthorized use or misuse of your Username or Password.
9. NO GUARANTY OF REGISTRATION, RENEWAL, OR IMMUNITY FROM
OBJECTION
You acknowledge and agree that Domain-Beacon cannot guarantee that
you will be able to register or renew a desired domain name because
our ability to provide services to you depends in part upon the
provision of services by third parties, such as a registry. We
cannot control and will not be responsible for the actions or
inactions of such third parties. For example, a registry may reserve
the right to deny, cancel or transfer any domain name registration
under certain circumstances or there may be inaccuracies or errors
in the various WHOIS databases. You acknowledge and agree that we
shall not be liable to you or any other party in connection with
claims, damages, losses, expenses or costs incurred or suffered by
you as a result of actions taken or not taken by third parties.
You agree that, by registration of your chosen domain name, such
registration does not confer immunity from objection to either the
registration or use of your domain name.
10. OWNERSHIP OF
INFORMATION
You acknowledge and agree that Domain-Beacon owns all database,
compilation, collective and similar rights, title and interests
worldwide in our domain name and other proprietary information
databases, and all information and derivative works generated from
those databases.
11. REPRESENTATIONS and WARRANTIES
You represent and warranty to us that (i) the statements that you
made in connection with the registration, renewal, management, or
transfer of a domain name are complete and accurate, and that any
future changes to this information will be provided to us in a
timely manner; (ii) to the best of your knowledge and belief,
neither the registration of the domain name for which you have
applied for, renewed, managed, or transferred nor the manner in
which you intend to use the domain name you applied for, renewed,
managed, or transferred, directly or indirectly infringes upon or
otherwise violate the legal or equitable rights of any third party;
(iii) it is your responsibility to determine whether your domain
name registration infringes or violates someone else's rights; (iv)
you are not registering, renewing, managing, or transferring the
domain name for an unlawful purpose and you will not knowingly use
the domain name in violation of any applicable laws or regulations;
(v) you are of legal age to enter into this Agreement; (vi) you
agree to comply with all applicable laws and regulations and (vii)
you agree that your use of our service(s) is solely at your own risk
and that all of our services are provided on an "as is,"
and "as available" basis;
12. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with
respect to any ItsYourDomain.com services provided under this
Agreement and/or for any breach of this Agreement is solely limited
to the amount you paid for such service(s). YOU FURTHER AGREE THAT,
REGARDLESS OF CIRCUMSTANCES, DOMAIN-BEACON SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, 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 DOMAIN_BEACON
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM
THE USE OR INABILITY TO USE ANY OF DOMAIN-BEACON'S SERVICES OR FOR
THE COST OF PROCURING SUBSTITUTE SERVICES. If a jurisdiction does
not allow the exclusion or limitation of liability for consequential
or incidental damages, then Domain-Beacon's liability for
consequential or incidental damages in such jurisdiction is excluded
or limited to the extent permitted by law.
We disclaim any and all loss or liability to you, or any other
person or entity, resulting from, but not limited to: (a)
Suspension, loss, or modification of your domain name registration;
(b) Use of your domain name registration; (c) Interruption of your
business; (d) Access delays or access interruptions to any web sites
accessed by your registered domain name; (e) Non-delivery, mis-delivery,
corruption, destruction or other modification of data; (f)
Processing your domain name application or other service
application; (g) Application of our Dispute Policy or any other
ICANN (or similar governmental or successor organization) adopted
policies; (h) Any errors, omissions or other actions by the registry
administrator arising out of or related to your domain name
application, registration, renewal, transfer, or failure to
register, renew, or transfer a domain name; (i) Unauthorized use or
misuse of your Account Name or Password; (j) Our processing of your
application for our services, our processing of any authorized
modification to your domain name record or your agents failure to
pay any fees, including the initial registration, renewal, or
transfer fee; (k) Deletion of or failure to store e-mail messages;
or (l) Acts of God and events beyond Domain-Beacon's reasonable
control;
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) IS SOLELY AT YOUR OWN
RISK. THE SERVICES WE PROVIDE TO YOU ARE ON AN "AS IS,"
AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS
AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. . WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE(S).
FURTHER, DOMAIN-BEACON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS
AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN
NAME REGISTRATION OR USE, OR FROM SUSPENSION, CANCELLATION OR
TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. TO THE EXTENT
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME
OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless
Domain-Beacon and the applicable registry administrator and their
directors, officers, employees, agents, and affiliates from and
against any and all claims, loss, damages, liabilities, costs, and
expenses (including reasonable legal fees and expenses) arising out
of any and all third party claims, actions, suits, or demands that
are related to or arise out of (a) this Agreement or the breach of
your warranties, representations and obligations under this
Agreement; (b) the Domain-Beacon services or your use of such
services; (c) any intellectual property or other proprietary right
of any person or entity. This indemnification is in addition to any
indemnification required under the Dispute Policy or any similar
policy. When we are threatened with suit or sued by a third party,
we may seek written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may be
considered by us to be a material breach of this Agreement.
15. CHANGES TO THIS AGREEMENT
You acknowledge and agree that the domain name system and the
practice of registering and administering domain names are evolving,
and therefore you agree that Domain-Beacon, in its sole discretion,
may modify this Agreement, from time to time, to comply with any
additional rules or policies that may be required under
Domain-Beacon's ICANN agreement, or to adjust to changing business
circumstances.
We will post any modifications to this Agreement on our Web site at
least thirty (30) calendar days before it becomes effective. You
agree to periodically review our Web site to be aware of any such
modifications. No employee, contractor, agent or representative of
Domain-Beacon is authorized to alter or amend the terms and
conditions of this Agreement. Your continued use of Domain-Beacon as
your domain name registrar or the use of any of Domain-Beacon's
other domain name services after modification(s) to this Agreement
becomes effective, shall constitute your acceptance of the
modification(s). If you do not agree to such a modification, you may
request in writing that your domain name be cancelled or transferred
to another registrar. No refunds, in whole or in part, will be
provided for domain names that are cancelled or transferred to
another registrar.
No provision of this Agreement or our Dispute Policy, may be amended
or modified by you except by means of a written document signed by
us.
16. CANCELLATION,
SUSPENSION, TRANSFER OR MODIFICATION
You agree that we may cancel, suspend, transfer or modify your
domain name registration services in order to: (i) correct mistakes
made by us or the registry in registering or transferring your
chosen domain name; (ii) to resolve a dispute under our Dispute
Policy; (iii) to abide by any ICANN or registry adopted policy; or
(iv) prevent high volume, automated, electronic, repetitive queries
except as reasonably necessary to register SLD names or modify
existing registrations. If your registration is cancelled as a
result of Domain-Beacon correcting a mistake made by us in
registering your chosen domain name, we will refund, in whole, any
fees paid by you to Domain-Beacon.
You also agree that Domain-Beacon has the right to suspend, cancel,
transfer, or otherwise modify a domain name registration pursuant to
a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension,
cancellation, transfer, or modification of the domain name
registration.
You agree that upon termination or discontinuance for any reason, we
may delete all information related to you on the Domain-Beacon
service, if applicable
17. BREACH AND REVOCATION
You agree that we reserve the right to cancel, suspend, transfer or
modify your domain name registration or other services if you (i)
materially breach this Registration Agreement and do not cure such
breach within 30 calendar days of notice; (ii) provide false or
misleading information, or conceal or omit any information that we
would likely consider material to our decision to register or renew
your domain name; (iii) use your registered domain name to send
unsolicited commercial advertisements in contravention of applicable
laws; or (iv) you use your domain name in connection with unlawful
activity.
18. ASSIGNMENT
You shall not assign this Agreement, by operation of law or
otherwise, without our prior written consent. Any attempt by your
creditors to obtain an interest in your rights under this Agreement,
whether by attachment, levy, garnishment or otherwise, renders this
Agreement voidable at our option. Subject to that restriction, this
Agreement will be binding on, inure to the benefit of, and be
enforceable against the parties and their respective successors and
assigns.
19. .INFO REGISTRATIONS.
Domain-Beacon has
entered into a Registry-Registrar Agreement with Afilias Limited
("Registry"), a company organized under the laws of
Ireland, to provide Internet domain name registration services for
the .info Top-Level Domain ("TLD"). In addition to the
terms and conditions set forth in this Agreement, the following
terms and conditions shall apply to the .info domain names: (i) you
agree to submit to proceedings commenced under the Sunrise Dispute
Resolution Policy ("SDRP") (available at http://www.afilias.info/register/dispute_resolution/sunrise_challenge_rules_revised),
as these may be modified from time to time; (ii) you acknowledge
that the .info registry will have no liability of any kind for any
loss or liability resulting from the proceedings and processes
relating to the Sunrise Period or the Land Rush Period, including,
without limitation: (a) the ability or inability of a registrant to
obtain a registered domain name during these periods, and (b) the
results of any dispute over a "Sunrise Registration";
(iii) your application for a Sunrise Registration does not provide
you with any intellectual property protections or registrations.
20. .BIZ REGISTRATIONS
Domain-Beacon has
entered into a Registry-Registrar Agreement with Neulevel, Inc.
("Registry"), a company headquartered in Virginia, to
provide Internet domain name registration services for the .biz
Top-Level Domain ("TLD"). In addition to the terms and
conditions set forth in this Agreement, the following terms and
conditions shall apply to the .biz domain names:
20.1 Acceptable
Usage. You represent and
warrant that: (i) the domain name will be used primarily for bona
fide business or commercial purposes and not (a) exclusively for
personal use or (b) solely for the purposes of selling, trading or
leasing the domain name for compensation, or the unsolicited
offering to sell, trade or lease the domain name for compensation;
and (ii) the domain name is reasonably related to your business or
intended commercial purpose at the time of registration.
20.2 Acknowledgments Concerning Customer Information. You
also acknowledge and agree that Domain-Beacon will share with the
.biz registry certain information submitted by you in your
application(s) for our services, as required by our agreement(s)
with the .biz registry or to provide the services you have applied
for. You acknowledge and agree that any information we share with
the .biz registry may be used by them to fulfill the .biz
registry's service obligations to us or any third party. You
hereby grant us and the .biz registry a limited, royalty-free,
non-exclusive worldwide license to use all of the data contained
in a Trademark
20.3 Acknowledgment
of Dispute Policies and Rules. 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:
(a)The Start-up
Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html;
(b) The Restrictions
Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html
21. MULTILINGUAL REGISTRATIONS
Notwithstanding anything contained herein to the contrary, you
acknowledge and agree as follows: A Multilingual Domain Name
("MDN") and the underlying encoding schemes, protocols
and other technologies that enable MDNs to function on the
Internet, are currently experimental and have not necessarily been
approved by Internet standard-setting bodies, including without
limitation the Internet Engineering Task Force, the Multilingual
Internet Names Consortium, and the Internet Architecture Board. We
currently are making MDN registration services available to you as
part of our participation in a test bed ("Test Bed").
The test bed is being conducted for the purpose of testing
proposed standards for deployment of MDN technology and to provide
operational experience with those proposed standards.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE ENCODING
SCHEMES, PROTOCOLS AND OTHER MDN-ENABLING TECHNOLOGIES, WHETHER
PROVIDED BY US OR OTHERWISE, WILL BE APPROVED BY INTERNET
STANDARD-SETTING BODIES OR OTHERWISE SUCCESSFULLY DEPLOYED. WE
EXPRESSLY DISCLAIM ANY WARRANTY THAT THE TEST BED WILL CONTINUE OR
THAT OUR MDN REGISTRATION SYSTEM WILL INTEROPERATE PROPERLY WITH
THE CURRENT OR FUTURE TEST BED OR THE MDN-ENABLING TECHNOLOGIES OF
OTHERS.
REGISTRANTS WHO REGISTER A MDN DO SO AT THEIR OWN RISK AND
ACKNOWLEDGE AND AGREE THAT, UNLESS SPECIFICALLY EXCLUDED, ALL
PROVISIONS OF THIS AGREEMENT SHALL APPLY TO THE REGISTRATION OF AN
MDN.
You assume all risks inherent in the experimental nature of this
service and the technologies supporting it. The encoding schemes,
protocols and other MDN-enabling technologies are not within our
control and are subject to change without notice. You assume all
risks that such changes may impair or prevent your ability to use
the MDN you have registered. You further understand and agree that
we may interrupt or deny MDN registration services to you,
temporarily or permanently, as a result of such changes. You
further assume all risks that the Internet addressing system will
not recognize an MDN you have registered or otherwise will not
enable such MDN to function as an Internet address.
We may, but shall not be obligated to, make any and all
modifications to an MDN registration, including without limitation
changing the MDN's ASCII-based translation, that we deem necessary
or appropriate for the purpose of bringing an MDN registration
into conformance with evolving technical standards. Such
modifications may be made without notice to you. In the event we
elect to make such modifications, you agree to hold us harmless
from any claims, liabilities or demands arising from such
modifications. Before registering an MDN, we strongly recommend
that you review and become familiar with the "Multilingual
Domain Name Position Paper," published. (Click
here to view).
You specifically acknowledge and agree that an MDN shall be
considered a domain name for purposes of the Dispute Policy and
the provisions relating thereto in this Agreement. Notwithstanding
anything to the contrary contained in the Dispute Policy, you
agree that during the Test Bed we may terminate your registration
of an MDN in our sole discretion without notice to you if, within
45 days of your registration, we receive a formal, written
objection to the registration by any legitimate authority,
including without limitation a trademark owner or governmental
entity. Our right of termination under this provision shall
continue until such time as: (1) It is publicly announced that the
Test Bed is complete; and (2) we determine in our sole discretion
that all of the encoding schemes, protocols and other MDN-enabling
technologies that are used to provide your MDN registration
services have been approved by appropriate standard-setting
bodies.
22. GENERAL
Entire Agreement
You agree that this Agreement and the rules and policies
incorporated by reference in this Agreement are the entire, complete
and exclusive agreement between you and us regarding our services
and supersedes all prior agreements and understandings, whether
written or oral, or whether established by custom, practice, policy
or precedent, with respect to the subject matter of this Agreement.
Relationship of the Parties
Nothing in this Agreement may be construed as creating the
relationship of agency partnership or joint venture between the
parties.
Waiver. No waiver of any provision of this Agreement shall be
effective unless it is in writing and signed by an authorized
representative of Domain-Beacon. The remedies of Domain-Beacon under
this Agreement shall be cumulative and not alternative, and the
election of one remedy for a breach shall not preclude pursuit of
other remedies. The failure of a party, at any time or from time to
time, to require performance of any obligations of the other party
hereunder shall not affect its right to enforce any provision of
this Agreement at a subsequent time, and the waiver of any rights
arising out of any breach shall not be construed as a waiver of any
rights arising out of any prior or subsequent breach.
Notice
Except as otherwise specifically stated herein, any notices required
to be given under this Agreement will be deemed to have been given
if delivered by email or fax, or sent by certified mail, return
receipt requested, or by Federal Express or other recognized
overnight delivery service to each of the parties in accordance with
the most current contact information you have provided to us, and
the contact information for us that is posted on the Domain-Beacon
Web site. All notices shall be effective upon receipt, except that
email and fax notices shall be effective upon transmission.
Location of Acceptance and Performance
You agree and acknowledge that any acceptance of your application
for any of our services and the performance of those services shall
occur in Schaumburg, Illinois, the location of our principal place
of business.
Governing Law
Except as otherwise set forth in the Dispute Policy with respect to
any dispute over your domain name registration, you agree that this
Agreement and your rights, obligation, duties, and actions
contemplated by this Agreement shall be governed in all respects by,
and construed in accordance with the laws of the State of Illinois,
United States of America, without reference to rules governing
choice of laws. Any action relating to this Agreement and your
rights, obligation, duties, and actions contemplated by this
Agreement must be brought in the United States District Court for
the Northern District of Illinois or in the circuit court of Cook
County, Illinois. Both parties irrevocably consent to the personal
jurisdiction, subject matter jurisdiction, and venue of such courts.
Severability
Registrant agrees that the terms of this Registration Agreement are
severable. If any term or provision is declared invalid, it shall
not affect the remaining terms or provisions, which shall continue
to be binding.
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