This Registration Agreement
("Agreement") sets forth the terms and conditions
of your use of SilentRegister.com.'s ("SilentRegister.com")
domain name registration services to register an Internet
domain name, your registration of that domain name, as well
as other SilentRegister.com domain name related services.
In this Agreement "you" and "your" refer
to each customer and "we", "us" and
"our" refer to SilentRegister.com. This Agreement
explains our obligations to you, and explains your obligations
to us for various SilentRegister.com services. By selecting
our service(s) you have agreed to establish an account with
us for such services. When you use your account or permit
someone else to use it to purchase or otherwise acquire
access to additional SilentRegister.com service(s) or to
cancel your SilentRegister.com service(s) (even if we were
not notified of such authorization), this Agreement covers
such service or actions. By using the service(s) provided
by SilentRegister.com under this Agreement, you acknowledge
that you have read and agree to be bound by all terms and
conditions of this Agreement, the accompanying dispute policy
and any pertinent rules or policies that are or may be published
by SilentRegister.com. SilentRegister.com at times may 'resell'
the services of other registrars
or 3rd party providers, you are bound by their terms and
conditions when this situation occurs.
This Agreement will become effective when accepted by SilentRegister.com.
SilentRegister.com may elect to accept or reject your domain
name registration application for any reason at its sole
discretion, such rejection including, but not limited to,
rejection due to a request for registration of a prohibited
domain name.
1. Our Services: All domain
name registrations we register for TLDs are not effective
until we have delivered the domain name registration information
you provide us to the registry administrator for the TLDs,
as applicable, and the registry administrator puts into
effect your domain name registration. Currently, the registry
administrator for the .com, .net and .org TLDs is Network
Solutions, Inc.
You agree and acknowledge that SilentRegister.com is not
liable or responsible in any way for any errors, omissions
or any other actions by the registry administrator arising
out of or related to your application and receipt of, or
failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless
the registry administrator and its directors, officers,
employees, and agents from and against any and all claims,
damages, liabilities, costs, and expenses (including any
direct, indirect, incidental, special or consequential damages
and reasonable legal fees and expenses) arising out of,
or related to, your domain name registration.
2. What We Do Not Do: We
cannot and do not check to see whether the domain name you
select, or the use you make of the domain name, infringes
legal rights of others. We urge you to investigate to see
whether the domain name you select or its use infringes
legal rights of others, and in particular we suggest you
seek advice of competent counsel. You may wish to consider
seeking one or more trademark registrations in connection
with your domain name. You should be aware that there is
the possibility we might be ordered by a court to cancel,
modify, or transfer your domain name. You should also be
aware that if we are sued or threatened with lawsuit in
connection with your domain name, we may turn to you to
hold us harmless and to indemnify us.
3. Fees: As consideration
for the domain name registration services and/or other services
provided by SilentRegister.com to you, you agree to pay
SilentRegister.com, prior to the effectiveness of the desired
domain name registration, the applicable service(s) fees
for the initial registration of the domain name and, should
you choose to renew the registration, subsequent renewals
of the registration. All fees are non-refundable, in whole
or in part, even if your domain name registration is suspended,
cancelled or transferred prior to the end of your then current
registration term. Your requested domain name will not be
registered unless we receive actual payment of the registration
fee, or reasonable assurance of payment of the registration
fee from some other entity (such reasonable assurance as
determined by SilentRegister.com in its sole discretion).
As further consideration for the SilentRegister.com service(s),
you agree to: (1) provide certain current, complete and
accurate information about you as required by the registration
process and (2) maintain and update this information as
needed to keep it current, complete and accurate. All such
information shall be referred to as account information
("Account Information"). In
the event of a charge back by a credit card company (or
similar action by another payment provider allowed by us)
in connection with the payments of the registration fee
for your domain name registration, you agree and acknowledge
that the domain name registration shall be transferred to
SilentRegister.com as the paying entity for that registration
to the registry. We will reinstate your domain name registration
solely at our discretion, and subject to our receipt of
the initial registration or renewal fee and our then-current
reinstatement fee, currently set at $250 USD. You will be
notified via an email message or via your account information
when renewal fees are due. Should these fees go unpaid within
the time specified in a second notice or reminder regarding
renewal, your registration will be cancelled. Payment must
be made by credit card or such other method as we may indicate
in the registration application or renewal form. We will
renew your name for you provided your credit card or other
billing information is available and up to date, unless
you instruct us otherwise within the time specified. If
your billing information is not accurate and you wish to
renew your domain name registration, we will contact you
to update this information and charge you accordingly.
4. Domain Name Dispute Policy:
The Dispute Policy can be found at by
clicking here. Certain disputes, as specified in the
Dispute Policy, are subject to that Policy. You agree that,
if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at
the time your domain name registration is disputed by the
third party. You also agree that, in the event a domain
name dispute arises with any third party, you will indemnify
and hold SilentRegister.com harmless pursuant to the terms
and conditions contained in the Dispute Policy.
5. Transfer to another Registrar:
You agree that you may not transfer your domain name registration
to another domain name registrar during the first sixty
(60) days from the effective date of your initial domain
name registration with SilentRegister.com. You agree to
provide authorization to SilentRegister.com for the transfer
of the domain name to another registrar and agree to pay
any and all fees that may be charged by SilentRegister.com
to effect the transfer. Your request to transfer to another
registrar may be denied in situations described in the Dispute
Policy, including, but not limited to: a dispute over the
identity of the domain name holder; bankruptcy; and default
in the payment of any fees.
6. Modifications to SilentRegister.com's
Registration Agreement and Dispute Policy: You
agree, during the period of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement. Any
such revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s)
on SilentRegister.com's web site, or on notification to
you by e-mail or United States mail. You agree to review
SilentRegister.com's web site, including the Agreement,
periodically to be aware of any such revisions. If you do
not agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice by
e-mail at Support@SilentRegister.com
or United States mail at the addresses listed on the cover
page of this Agreement. Notice of your termination will
be effective on receipt and processing by us. You agree
that, by continuing to use the SilentRegister.com services
following notice of any revision to this Agreement or change
in service(s), you abide by any such revisions or changes.
You further agree that we, in our sole discretion, may modify
our Dispute Policy at any time. Your continued use of the
domain name registered to you shall constitute your acceptance
of this Agreement and the Dispute Policy with the new modifications.
You acknowledge that if you do not agree to any of such
changes, you may request that your domain name registration
be cancelled or transferred to a different domain name registrar.
You agree that such cancellation or request for transfer
will be your exclusive remedy if you do not wish to abide
by any changes to this Agreement or the Dispute Policy.
7. Account Information and Its Use:
a. Information You Are Required to Submit. As part
of the registration process, you are required to provide
certain information and to update this information promptly
as needed to keep it current, complete and accurate. The
information you are obligated to provide in connection with
the domain name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address,
e-mail address, voice telephone number, and where available,
fax number; and
iii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the billing contact
for the domain name; and
iv. Valid payment information
You agree and acknowledge that when you renew your 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, your registration may not
be renewed.
All other information which we may request from you at registration
is voluntary. However, not providing the requested information
may prevent you from obtaining all products and services
made available to domain name registrants by us, other than
registration of the domain name.
b. Additional Information Maintained About Your Registration.
In addition to the information you provide, we maintain
records relating to your domain name registration. These
records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application
to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and
related correspondence between you and us;
iv. Records of account for your domain name registration,
including dates and amounts of all payments and refunds;
v. The corresponding names of those nameservers;
vi. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the technical
contact for the domain name;
vii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the zone contact
for the domain name;
viii. The expiration and renewal date of the registration;
ix. Information and copies in electronic or paper form regarding
all other activity between you and us and third parties
relating to your domain name registration and related services.
c. Your Obligations Relating to the Account Information.
In the event that, in registering the domain name, you are
providing information about or on behalf of a third party,
you hereby represent that you have (a) provided notice to
that third party of the disclosure and use of that party's
information as set forth in this Agreement, and (b) that
you have obtained that third party's express consent to
the disclosure and use of that party's information as set
forth in this Agreement. By registering a name or applying
for services you also represent that the statements in its
application are true and you also represent that the Domain
Name is not being registered for any unlawful purpose.
You acknowledge that willfully providing inaccurate information
or willfully failing to update information promptly will
constitute a material breach of this Agreement and will
be sufficient basis for cancellation of your domain name
registration. You further agree that your failure to respond
for over ten (10 ) calendar days to inquiries by SilentRegister.com
concerning the accuracy of contact details associated with
your registration shall constitute a material breach of
this Agreement and will be sufficient basis for cancellation
of your domain name registration.
d. Privacy Policy: Disclosure and Use of Registration
Information. You agree and acknowledge that SilentRegister.com
will make available domain name registration information
you provide or that we otherwise maintain to ICANN, to the
registry administrator(s), and to other third parties as
ICANN and applicable laws may require or permit. You further
agree and acknowledge that SilentRegister.com may make publicly
available, or directly available to third party vendors,
some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through
our "whois protection" service) or for targeted
marketing and other purposes as required or permitted by
ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish
guidelines, limits and/or requirements that relate to the
amount and type of information that SilentRegister.com may
or must make available to the public or to private entities,
and the manner in which such information is made available.
You hereby consent to any and all such disclosures and
use of, and guidelines, limits and restrictions on disclosure
or use of, information provided by you in connection with
the registration of a domain name (including any updates
to such information), whether during or after the term of
your registration of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have
arising from such disclosure or use of your domain name
registration and other information by SilentRegister.com.
You may access your domain name registration information
in our possession to review, modify or update such information,
by accessing your account at our web site (http://www.SilentRegister.com),
or via a similar service. In order to change any of your
account information with us, you must use your Account Identifier
and Password that you selected when you opened your account
with us. Please safeguard your Account Identifier and Password
from any unauthorized use. You agree that any person in
possession of you Account Identifier and Password will have
the ability and your authorization to modify your account
information. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password. SilentRegister.com
will take reasonable precautions to protect the information
it obtains from you from our loss, misuse, unauthorized
access or disclosure, alteration or destruction of that
information.
8. Ownership of Information and Data:
You agree and acknowledge that SilentRegister.com owns all
database, compilation, collective and similar rights, title
and interests worldwide in our domain name database, and
all information and derivative works generated from the
domain name database. You further agree and acknowledge
that we own the following information for those registrations
for which we are the registrar: (a) the original creation
date of the registration, (b) the expiration date of the
registration, (c) the name, postal address, e-mail address,
voice telephone number, and where available fax number of
all contacts for the domain name registration, (d) any remarks
concerning the registered domain name that appear or should
appear in the WHOIS or similar database, and (e) any other
information we generate or obtain in connection with the
provision of domain name registration services, other than
the domain name being registered, the IP addresses of the
primary nameserver and any secondary nameservers for the
domain name, and the corresponding names of those nameservers.
SilentRegister.com does not have any ownership interest
in your specific personal registration information outside
of its rights in our domain name database.
9. Agents and Licenses:
You agree that, if you are registering a domain name for
or on behalf of 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 agree that if you license the use of the domain name
registered to you to a third party, you nonetheless remain
the domain name holder of record, and remain responsible
for all obligations under this Agreement, including but
not limited to payment obligations, and providing (and updating,
as necessary) both your own full contact information, and
accurate technical, administrative, billing and zone contact
information adequate to facilitate timely resolution of
any problems that arise in connection with the domain name
and domain name registration.
10. Announcements:
We reserve the right to distribute information to you that
is pertinent to the quality or operation of our services
and those of our service partners. These announcements will
be predominately informative in nature and may include notices
describing changes, upgrades, new products or other information
to add security or to enhance your identity on the Internet
11. Limitation of Liability:
YOU AGREE THAT SILENTREGISTER.COM WILL NOT BE LIABLE
FOR ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION
IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION,
(3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES
YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5)
LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY,
MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(7) EVENTS BEYOND SILENTREGISTER.COM'S CONTROL; (8) THE
PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING
FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER
OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY.
SILENTREGISTER.COM 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 SILENTREGISTER.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL SILENTREGISTER.COM'S
MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT
GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES,
OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Indemnity:
You agree to release, indemnify, and hold all Registry Operators,
SilentRegister.com, their contractors, agents, employees,
officers, directors and affiliates harmless from all liabilities,
claims and expenses, including attorney's fees, of third
parties relating to or arising under this Agreement, the
SilentRegister.com services provided hereunder or your use
of the SilentRegister.com services, including without limitation
infringement by you, or someone else using any SilentRegister.com
service with your computer, of any intellectual property
or other proprietary right of any person or entity, or from
the violation of any SilentRegister.com operating rule or
policy relating to the service(s) provided. When SilentRegister.com
is threatened with suit by a third party, SilentRegister.com
may seek written assurances from you concerning your promise
to indemnify SilentRegister.com; your failure to provide
those assurances may be considered by us to be a breach
of your Agreement and may result in deactivation of your
domain name. This indemnification is in addition to any
indemnification required under the Dispute Policy.
13. Representations and Warranties:
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND
BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME NOR
THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED INFRINGES
THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT
AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION
WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR
ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES
ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE
FOREGOING, SILENTREGISTER.COM MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE
OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU
EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION,
OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN
NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SILENTREGISTER.COM'S E-MAIL FORWARDING OR
OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SILENTREGISTER.COM
MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SILENTREGISTER.COM
OR THROUGH THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
14. Breach and Revocation:
SilentRegister.com reserves the right to suspend, cancel,
transfer or modify your domain name registration or suspend,
cancel or modify other services we provide in the event
(a) you materially breach this Agreement (including the
Dispute Policy) and do not cure such breach within thirty
(30) days of notice by SilentRegister.com, (b) you use the
domain name registered to you to send unsolicited commercial
advertisements in contradiction to either applicable laws
or customary acceptable usage policies of the Internet,
(c) you use your domain name in connection with unlawful
activity, or (d) grounds arise for such suspension, cancellation,
transfer or other modification as provided for in this Agreement.
You further acknowledge and agree that your registration
of a domain name is subject to suspension, cancellation
or transfer by any ICANN procedure, by any registrar (including
SilentRegister.com) or registry administrator procedures
approved by an ICANN-adopted policy, (1) to correct mistakes
by SilentRegister.com, another registrar or the registry
administrator in administering the name or (2) for the resolution
of disputes concerning the domain name.
You also agree that SilentRegister.com shall have the right
in its sole discretion to suspend, cancel, transfer or otherwise
modify a domain name registration upon seven (7) calendar
days prior written notice, or at such time as SilentRegister.com
receives a properly authenticated order from a court of
competent jurisdiction, or arbitration award, requiring
the suspension, cancellation transfer or modification of
the domain name registration.
15. Right Of Refusal:
We, in our sole discretion, reserve the right to refuse
to register or reserve your chosen domain name or register
you for other SilentRegister.com service(s), or to delete
your domain name within thirty (30) calendar days from receipt
of your payment for such services. In the event we do not
register or reserve your domain name or register you for
other SilentRegister.com service(s), or we delete your domain
name or other SilentRegister.com service(s) within such
thirty (30) calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be liable
to you for loss or damages that may result from our refusal
to register or reserve, or delete your domain name or register
you for other SilentRegister.com service(s)
16. Governing Law:
Except as otherwise set forth in the Dispute Policy with
respect to disputes, this Agreement, your rights and obligations
and all actions contemplated by this Agreement shall be
governed by the laws of the United States of America and
the State of Maryland, as if the Agreement was a contract
wholly entered into and wholly performed within the State
of Maryland. Except as otherwise set forth in the Dispute
Policy with respect to disputes, any action to enforce this
Agreement or any matter relating to your use of the SilentRegister.com
site shall be brought exclusively in the United States District
Court for the State of Maryland.
17. Notices:
You agree that any notices required to be given under this
Agreement by SilentRegister.com to you will be deemed to
have been given if delivered in accordance with the contact
information you have provided.
18. Infancy:
You attest that you are of legal age to enter into this
Agreement.
19. General:
This Agreement, SilentRegister.com's Disclaimer and the
Dispute Policy, together with all modifications, constitute
the complete and exclusive agreement between you and SilentRegister.com,
and supersede and govern all prior proposals, agreements,
or other communications. Nothing contained in this Policy
shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties. The
failure of SilentRegister.com to require your performance
of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor
shall the waiver by SilentRegister.com of a breach of any
provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of this
Policy shall be unenforceable or invalid under any applicable
law or be so held by applicable court decision, such unenforceability
or invalidity shall not render this Policy unenforceable
or invalid as a whole. SilentRegister.com will amend or
replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, the original
objectives and intent of SilentRegister.com as reflected
in the original provision. This Agreement, SilentRegister.com's
Disclaimer and the Dispute Policy may not be amended or
modified by you except by means of a written document signed
by both you and an authorized representative of SilentRegister.com.
20. Additional Registry Requirements
Listed below are additional contractual requirements that
you, the registrant, must agree to should you desire to
register a domain name in these registries.
- (.NU) In addition to the terms set forth above,
the following terms shall apply to registrants of .tv,
.cc, .bz, .nu and .ws domain names. Your registration
of a domain name in the .TV, .CC, .BZ, .NU or .WS top-level
domain ("New TLD Domain Name"), is subject to
policies established or revised from time to time by the
registry for such New TLD Domain Name ("New TLD Registry"),
in its capacity as the registry for its respective Top
Level Domain. Each respective New TLD Registry's current
policies ("New TLD Registry Policies") are available
for you to review at each New TLD's respective website.
You agree to be bound by and comply with the applicable
New TLD Registry Policies, including amendments and modifications
thereto, with respect to your New TLD Domain Name registration.
Such policies shall not alter the terms and conditions
of this Agreement. To the extent there is a conflict between
the New TLD Registry policies and the terms of this Agreement,
the terms of this Service Agreement shall prevail. You
agree that the New TLD Registry has the right to enforce
the New TLD Registry Policies.
- (.INFO) Should you seek to register a .INFO second
level domain name you, the registrant, must agree to the
following terms:
- Registrant consents to the use, copying, distribution,
publication, modification, and other processing of
Registered Domain Name Holder's Personal Data by Afilias,
the .INFO Registry Operator, and its designees and
agents in a manner consistent with the purposes specified
pursuant in its contract.
- Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Name Dispute Policy (UDRP)
and comply with the requirements set forth by Afilias
for domain names registered during the Sunrise Period,
including the mandatory Sunrise Dispute Resolution
Policy. These policies are subject to modification.
- Registrant agrees to immediately correct and update
the registration information for the Registered Name
during registration term for the Registered Name,
failure to correct this information shall constitute
a breach of this Agreement.
- Registrant acknowledges that Afilias, the registry
operator for .INFO, 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 Name during these periods,
and (b) the results of any dispute over a Sunrise
Registration.
- Registrar and Afilias, the registry operator for
.INFO, 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 Registrar and/or Afilias as well as
their affiliates, subsidiaries, officers, directors
and employees. Registrar and Afilias also reserve
the right to freeze a domain name during resolution
of a dispute.
- (.BIZ) Should you seek to register a .BIZ second
level domain name you, the registrant, must agree to the
following terms:
- BIZ RESTRICTIONS. Registrations in the .biz TLD
must be used or intended to be used primarily for
bona fide business or commercial purposes. For purposes
of the .biz Registration Restrictions ("Restrictions"),
"bona fide business or commercial use" shall
mean the bona fide use or bona fide intent to use
the domain name or any content, software, materials,
graphics or other information thereon, to permit Internet
users to access one or more host computers through
the DNS:
I. To exchange goods, services, or property of any
kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or
property of any kind; or,
b) the ordinary course of trade or business.Registering
a domain name solely for the purposes of
i. selling, trading or leasing the domain name for
compensation, or
ii. the unsolicited offering tosell, trade or lease
the domain name for compensation shall not constitute
a"bona fide business or commercial use"
of that domain name.
- BIZ CERTIFICATION. As a .biz domain name registrant,
you hereby certify to the best of your knowledge that:
The registered domain name will be used primarily
for bona fide business or commercial purposes and
not
i. exclusively for personal use; or
ii. solely for the purposes of
a. selling, trading or leasing the domain name for
compensation, or
b. the unsolicited offering to sell, trade or lease
the domain name for compensation. For more information
on the .biz restrictions, which are incorporated herein
by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
1. The domain name registrant has the authority to
enter into the registration agreement; and
2. the registered domain name is reasonably related
to the registrant's business or intended commercial
purpose at the time of registration.
- PROVISION OF REGISTRATION DATA.
a) Provision of Registration Data. As part of the
registration process, you are required to Provide
us with certain information and to update this information
to keep it current, complete and accurate. This information
includes (i) your full name, postal address, e-mail
address, voice telephone number, and fax number if
available; (ii) the name of an authorized person for
contact purposes in the case of a registrant that
is an organization, association, or corporation; (iii)
the IP addresses of the primary nameserver and any
secondary nameserver(s) for the domain name; (iv)
the corresponding names of those nameservers; (v)
the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
technical contact for the domain name; (vi) the full
name, postal address, e-mail address, voice telephone
number, and fax number if available of the administrative
contact for the domain name; (vii) the name, postal
address, e-mail address, voice telephone number, and
fax number if available of the billing contact for
the domain name; and (viii) any remark concerning
the registered domain name that should appear in the
Whois directory. You agree and understand that the
foregoing registration data will be publicly available
and accessible on the Whois directory as required
by ICANN/Registry Policy and may be sold in bulk in
accordance with the ICANN Agreement.
b) Inaccurate or Unreliable Data. You hereby represent
and warrant that the data provided in the domain name
registration application is true, correct, up to date
and complete and that you will continue to keep all
the information provided up to date. Your willful
provision of inaccurate or unreliable information,
your willful failure promptly to update information
provided to us, or any failure to respond for over
five calendar days to our inquiries addressed to the
e-mail address of the administrative, billing or technical
contact then appearing in the Whois directory with
respect to an domain name concerning the accuracy
of contact details associated with any registration(s)
or the registration of any domain name(s) registered
by or through you or your account, shall constitute
a breach of this Agreement. Any information collected
by us concerning an identified or identifiable natural
person ("Personal Data") will be used in
connection with the registration of your domain name(s)
and for the purposes of this Agreement and as required
or permitted by the ICANN Agreement or any ICANN/Registry
Policy.
- DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a .biz domain name through us, you agree to be bound
by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement
by reference. Please take the time to familiarize
yourself with that policy. In addition, you hereby
acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the
following documents, as they may be amended from time
to time, which are hereby incorporated and made an
integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy,
available at http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"),
available at http://www.neulevel.com/countdown/stop.html;
and
(iii) The Restrictions Dispute Resolution Criteria
and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection
with a dispute between a registrant of a .biz domain
name ("Registrant") with any third party
(other than Registry Operator or Registrar) over the
registration or use of a .biz domain name registered
by Registrant that is subject to the Intellectual
Property Claim Service. The Intellectual Property
Claim Service a service introduced by Registry Operator
to notify a trademark or service mark holder ("Claimant")
that a second-level domain name has been registered
in which that Claimant claims intellectual property
rights. In accordance with the STOP and its associated
Rules, those Claimants will have the right to challenge
registrations through independent ICANN-accredited
dispute resolution providers. The UDRP sets forth
the terms and conditions in connection with a dispute
between a Registrant and any party other than the
Registry Operator or Registrar over the registration
and use of an Internet domain name registered by Registrant.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and any party
other than the Registry Operator or Registrar over
the registration and use of an Internet domain name
registered by Registrant.
The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business
or commercial purposes shall be enforced on a case-by-case,
fact specific basis by an independent ICANN-accredited
dispute provider. None of the violations of the Restrictions
will be enforced directly by or through Registry Operator.
Registry Operator will not review, monitor, or otherwise
verify that any particular domain name is being used
primarily for business or commercial purposes or that
a domain name is being used in compliance with the
SUDRP or UDRP processes.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree
that we, in our sole discretion, may modify our dispute
policy. We will post any such revised policy on our
Web site at least thirty (30) calendar days before
it becomes effective. You agree that, by maintaining
the reservation or registration of your domain name
after modifications to the dispute policy become effective,
you have agreed to these modifications. You acknowledge
that if you do not agree to any such modification,
you may terminate this Agreement. We will not refund
any fees paid by you if you terminate your Agreement
with us.
- DOMAIN NAME DISPUTES. You agree that, if your use
of our domain name registration services is challenged
by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time
of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms
and conditions set forth below in this Agreement.
If we are notified that a complaint has been filed
with a judicial or administrative body regarding your
use of our domain name registration services, you
agree not to make any changes to your domain name
record without our prior approval. We may not allow
you to make changes to such domain name record until
(i) we are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the
other party contesting your registration and use of
our domain name registration services that the dispute
has been settled. Furthermore, you agree that if you
are subject to litigation regarding your registration
and use of our domain name registration services,
we may deposit control of your domain name record
into the registry of the judicial body by supplying
a party with a registrar certificate from us.
- RESERVATION OF RIGHTS. SilentRegister.com. and the
.biz Registry Operator, NeuLevel, Inc. expressly reserve
the right to deny, cancel or transfer any registration
that it deems necessary, in its discretion, to protect
the integrity and stability of the registry, to comply
with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability,
civil or criminal, on the part of SilentRegister.com.
and/or NeuLevel, Inc., as well as their affiliates,
subsidiaries, officers, directors and employees. SilentRegister.com.
and NeuLevel, Inc. also reserve the right to freeze
a domain name during resolution of a dispute.
- (.NAME) Should you seek to register a .NAME second
level domain name you, the registrant, must agree to the
following terms:
- DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally
registered marks to exclusively pre-register on the
.name space and create a protective barrier for their
trademarks. A "Defensive Registration" is
a registration granted to a third party of a specific
string on the second or third level, or of a specific
set of strings on the second and third levels, which
will not resolve within the domain name system but
may prevent the registration of the same string(s)
on the same level(s) by other third party applicants.
- PHASES OF DEFENSIVE REGISTRATIONS
(a) As a Defensive Registration Registrant ("Defensive
Registrant"), you hereby certify to the best
of your knowledge that for Phase I Defensive Registrations
("Phase I Defensive Registrants"), you own
valid and enforceable trademark or service mark registrations
having national effect that issued prior to April
16, 2001 for strings that are identical to the textual
or word elements, using ASCII characters only, subject
to the same character and formatting restrictions
as apply to all registrations in the Registry TLD.
You understand that trademark or service mark registrations
from the supplemental or equivalent Registry of any
country, or from individual states or provinces of
a nation, will not be accepted. Subject to the same
character and formatting restrictions as apply to
all registrations in the Registry TLD, if a trademark
or service mark registration incorporates design elements,
the ASCII character portion of that mark may qualify
to be a Phase I Defensive Registration.
(b) Phase II Defensive Registrants may apply for a
Defensive Registration for any string or combination
of strings.
(c) Defensive Registrants, whether Phase I or Phase
II shall comply with the following Eligibility Requirements,
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
(i) There are two levels of Defensive Registrations,
each of which is subject to payment of a separate
fee;
(ii) Multiple persons or entities may obtain identical
or overlapping Defensive Registrations upon payment
by each of a separate registration fee;
(iii) The Defensive Registrant must provide the information
requested in Section 3(a) below;
(iv) A Defensive Registration will not be granted
if it conflicts with a then-existing Personal Name
Registration or other reserved word or string.
- PROVISION OF REGISTRATION DATA
(a) 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. You must provide contact information, including
name, email address, postal address and telephone
number, for use in disputes relating to the Defensive
Registration. You understand and agree that this contact
information will be provided as part of the Whois
record for the Defensive Registration. You further
understand that the foregoing registration data may
be transferred outside of the European Community,
such as to the United States, and you expressly consent
to such export.
(b) In addition to the information provided in subsection
(a) above, Phase I Defensive Registrants must also
provide (1) the name, in ASCII characters, of the
trademark or service mark being registered; (2) the
date the registration issued; (3) the country of registration;
and (4) the registration number or other comparable
identifier used by the registration authority
(c) You hereby represent and warrant the data provided
in the registration application is true, correct,
up-to-date and complete and that you will continue
to keep all of the information provided up-to-date.
Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update
information provided to us, or any failure to respond
for over five (5) calendar days to our inquiries addressed
to the email address of the administrative, billing
or technical contact then appearing in the publicly
available Whois directory with respect to a Defensive
Registration(s) concerning the accuracy of contact
details associated with any such Defensive Registration(s)
registered by or through you or your account shall
constitute a breach of this Agreement.
- DOMAIN NAME DISPUTE POLICY
(a) If you registered a Defensive Registration, you
agree that: (i) the Defensive Registration will be
subject to challenge pursuant to the Eligibility Requirements
Dispute Resolution Policy ("ERDRP"); (ii)
if the Defensive Registration is successfully challenged
pursuant to the ERDRP, the Defensive Registrant will
pay the challenge fees; and (iii) if a challenge is
successful, then the Defensive Registration will be
subject to the procedures described in Section 2(h)
of Appendix L to the agreement of Global Name Registry
("Registry Operator") with the Internet
Corporation for Assigned Names and Numbers ("ICANN"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
(b) You further agree that if a Phase I Defensive
Registration is successfully challenged on the basis
that it did not meet the applicable Eligibility Requirements,
the Defensive Registrant 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 that the Defensive Registrant is unable
to demonstrate the foregoing with respect to any such
Phase I Defensive Registration(s), those Defensive
Registration(s) will be cancelled.
(c) The ERDRP applies to, among other things, challenges
to Defensive Registrations within .name and is available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
- DEFENSIVE REGISTRATION DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify
our dispute policy. We will post any such revised
policy on our Web site at least thirty (30) calendar
days before it becomes effective. You agree that,
by maintaining the Defensive Registration after modifications
to the dispute policy become effective, you have agreed
to these modifications. You acknowledge that if you
do not agree to any such modification, you may terminate
this Agreement. We will not refund any fees paid by
you if you terminate your Agreement with us.
- DEFENSIVE REGISTRATIONS DISPUTEs
You agree that, if your Defensive Registration is
challenged by a third party, you will be subject to
the provisions specified in our Defensive Registration
dispute policy in effect at the time of the dispute.
You agree that in the event a Defensive Registration
dispute arises with any third party, you will indemnify
and hold SilentRegister.com. harmless pursuant to
the terms and conditions set forth below in this Agreement.
If we are notified that a complaint has been filed
with a judicial or administrative body regarding your
Defensive Registration, you agree not to make any
changes to your Defensive Registration record without
our prior approval. We may not allow you to make changes
to such Defensive Registration record until (i) we
are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the
other party contesting your Defensive Registration
and use of our domain name registration services that
the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your
Defensive Registration and use of our domain name
registration services, we may deposit control of your
Defensive Registration record into the registry of
the judicial body by supplying a party with a Registrar
certificate from us.
- CONSENT
Defensive Registrants may be asked to give their consent
to allow individuals to share a part of their space.
For example, if you have filed a Defensive Registration
on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name),
you may be asked to give consent to John Pqr to register
JOHN.PQR.name if he can prove that PQR is his name.
In such a circumstance, you will have five (5) days
to respond to a request for consent.
- .name REGISTRATION RESTRICTIONS
Registrations in the .name TLD must constitute an
individual's "Personal Name". For purposes
of the .name restrictions (the "Restrictions"),
a "Personal Name" is a person's legal name,
or a name by which the person is commonly known. A
"name by which a person is commonly known"
includes, without limitation, a pseudonym used by
an author or painter, or a stage name used by a singer
or actor.
- .name CERTIFICATIONS
As a .name domain name Registrant, you hereby certify
to the best of your knowledge that:
(a) You have the authority to enter into this Agreement;
and
(b) The registered domain name or second level domain
("SLD") email address is your Personal Name.
- PROVISION OF REGISTRATION DATA
(a) As part of the registration process, you are required
to provide us with certain information and to update
this information to keep it current, complete and
accurate. This information includes the information
contained in the Whois directory, including: (i) your
full name and postal address, email address, voice
telephone number, and fax number, if available; (ii)
the IP addresses and names of the primary nameserver
and any secondary nameserver(s) for the domain name;
(iii) the full name, postal address, email address,
voice telephone number, and fax number, if available,
of the technical contact for the domain name; (iv)
the full name, postal address, email address, voice
telephone number, and fax number if available of the
administrative contact for the domain name; (v) the
name, postal address, email address, voice telephone
number, and fax number, if available, of the billing
contact for the domain name. You agree and understand
that the foregoing registration data will be publicly
available and accessible on the Whois directory as
required by Internet Corporation for Assigned Names
and Numbers ("ICANN")/Registry Policy. You
further understand that the foregoing registration
data may be transferred outside of the European Community,
such as to the United States, and you expressly consent
to such export.
(b) You hereby represent and warrant the data provided
in the registration application is true, correct,
up-to-date and complete and that you will continue
to keep all of the information provided up-to-date.
Your willful provision of inaccurate or unreliable
information, your willful failure promptly to update
information provided to us, or any failure to respond
to our inquiries addressed to the email address of
the administrative, billing or technical contact then
appearing in the Whois directory with respect to a
domain name concerning the accuracy of contact details
associated with any registration(s) or the registration
of any domain name(s) registered by or through you
or your account shall constitute a breach of this
Agreement. Any information collected by us concerning
an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration
of your domain name(s) and for the purposes of this
Agreement and as required or permitted by the ICANN
Agreement or an ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .name domain name
through us, you agree to be bound by our current domain
name dispute policy that is incorporated herein and
made a part of this Agreement by reference. Please
take the time to familiarize yourself with that policy.
In addition, you hereby acknowledge that you have
read and understood and agree to be bound by the terms
and conditions of the following documents, as they
may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
(a) the Eligibility Requirements (the "Eligibility
Requirements"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(b) the Eligibility Requirements Dispute Resolution
Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
the Uniform Domain Name Dispute Resolution Policy
(the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD email addresses
will be granted on a first-come, first-served basis,
except for registrations granted as a result of a
dispute resolution proceeding or during the landrush
procedures in connection with the opening of the Registry
TLD. The following categories of Personal Name Registrations
may be registered: (i) the Personal Name of an individual;
(ii) the Personal Name of a fictional character, if
you have trademark or service mark rights in that
character's Personal Name; (iii) in addition to a
Personal Name registration, you may add numeric characters
to the beginning or the end of your Personal Name
so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to (i) registered
domain names and SLD email address registrations within
.name on the grounds that a Registrant does not meet
the Eligibility Requirements, and (ii) to Defensive
Registrations within .name.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other
than Global Name Registry ("Registry Operator")
or Registrar over the registration and use of an Internet
domain name registered by a Registrant.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify
our dispute policy. We will post any such revised
policy on our Web site at least thirty (30) calendar
days before it becomes effective. You agree that,
by maintaining the reservation or registration of
your domain name or SLD email address after modifications
to the dispute policy become effective, you have agreed
to these modifications. You acknowledge that if you
do not agree to any such modification, you may terminate
this Agreement. We will not refund any fees paid by
you if you terminate your Agreement with us.
- DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration
services is challenged by a third party, you will
be subject to the provisions specified in our dispute
policy in effect at the time of the dispute. You agree
that in the event a domain name dispute arises with
any third party, you will indemnify and hold SilentRegister.com
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.
- EMAIL FORWARDING
(a) The service for which you have registered may,
at your option, include Email Forwarding. To the extent
you opt to use Email Forwarding, you are obliged to
do so in accordance with all applicable legislation
and are responsible for all use of Email Forwarding,
including the content of messages sent through Email
Forwarding.
(b) You undertake to familiarize yourself with the
content of and to comply with the generally accepted
rules for Internet and email usage. This includes,
but is not limited to the Acceptable Use Policy, available
at _____________, as well as the following restrictions.
Without prejudice to the foregoing, you undertake
not to use Email Forwarding:
(i) to encourage, allow or participate in any form
of illegal or unsuitable activity, including but not
restricted to the exchange of threatening, obscene
or offensive messages, spreading computer viruses,
breach of copyright and/or proprietary rights or publishing
defamatory material;
(ii) to gain illegal access to systems or networks
by unauthorized access to or use of the data in systems
or networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system
or network or breaching the security or access control
without the sufficient approval of the owner of the
system or network;
(iii) to interrupt data traffic to other users, servers
or networks, including, but not restricted to, mail
bombing, flooding, Denial of Service (DoS) attacks,
willful attempts to overload another system or other
forms of harassment; or
(iv) for spamming, which includes, but is not restricted
to, the mass mailing of unsolicited email, junk mail,
the use of distribution lists (mailing lists) which
include persons who have not specifically given their
consent to be placed on such a distribution list.
Users are not permitted to provide false names or
in any other way to pose as somebody else when using
Email Forwarding.
(c) Registry Operator reserves the right to implement
additional anti-spam measures, to block spam or mail
from systems with a history of abuse from entering
Registry Operator's Email Forwarding. However, due
to the nature of such systems, which actively block
messages, Registry Operator shall make public any
decision to implement such systems a reasonable time
in advance, so as to allow you or SilentRegister.com.
to give feedback on the decision.
(d) You understand and agree that Registry Operator
may delete material that does not conform to clause
(c) above or that in some other way constitutes a
misuse of Email Forwarding. You further understand
and agree that Registry Operator is at liberty to
block your access to Email Forwarding if you use Email
Forwarding in a way that contravenes this Agreement.
You will be given prior warning of discontinuation
of the Email Forwarding unless it would damage the
reputation of Registry Operator or jeopardize the
security of Registry Operator or others to do so.
Registry Operator reserves the right to immediately
discontinue Email Forwarding without notice if the
technical stability of Email Forwarding is threatened
in any way, or if you are in breach of this Agreement.
On discontinuing Email Forwarding, Registry Operator
is not obliged to store any contents or to forward
unsent email to you or a third party.
(e) You understand and agree that to the extent Registry
Operator is required by law to disclose certain information
or material in connection with your Email Forwarding,
Registry Operator will do so in accordance with such
requirement and without notice to you.
- RESERVATION OF RIGHTS
SilentRegister.com. and Registry Operator Operator,
expressly reserve the right to deny, cancel or transfer
any Defensive Registration that it deems necessary,
in its discretion, to protect the integrity and stability
of the Registry, to comply with any applicable laws,
government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution
process, or to avoid any liability, civil or criminal,
on the part of SilentRegister.com. and/or Registry
Operator, as well as their affiliates, subsidiaries,
officers, directors and employees. SilentRegister.com.
and Registry Operator also reserve the right to freeze
a Defensive Registration during a resolution of a
dispute.
- LIMITATION OF LIABILITY
You agree that Registry Operator will have no liability
of any kind for any loss or liability resulting from
(i) the processing of Defensive Registration requests
prior to live SRS launch, including, without limitation,
your ability or inability to obtain a Registered Name
or SLD email address registration using these processes;
or (ii) any dispute over any .name domain name, SLD
email address, Defensive Registration or NameWatch
Registration, including the decision of any dispute
resolution proceeding related to any of the foregoing.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless Registry
Operator, and its directors, officers, employees 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 registration. This indemnification obligation
will survive the termination or expiration of this
Agreement.
- COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
(a) ICANN standards, policies, procedures, and practices
for which Registry Operator has monitoring responsibility
in accordance with the Registry Agreement or under
any other arrangement with ICANN; and
(b) operational standards, policies, procedures, and
practices for the Registry TLD established from time
to time by Registry Operator in a non-arbitrary manner
and applicable to all Registrars, including affiliates
of Registry Operator, and consistent with ICANN's
standards, policies, procedures, and practices and
Registry Operator's Registry Agreement with ICANN.
Among Registry Operator's operational standards, policies,
procedures, and practices are those set forth in Exhibit
E of the Registry-Registrar Agreement, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational
standards, policies, procedures, and practices for
the Registry TLD shall be effective upon thirty (30)
days notice by Registry Operator to Registrar.
20. Whois Protection Service:
You agree that SilentRegister.com will be the listed
Registrant and domain owner as per the information contained
within the official whois record. Additional restrictions
and stipulations pertaining to the Whois Protection service
are as follows:
Full Ownership rights retained by you:
Although SilentRegister is listed as the registrant, you
will retain full domain ownership rights,
such as:
- The ability to sell or transfer each domain(internal
or external transfer)
- The ability to manage domain name servers to the settings
of your choice
- The ability to create/manage/nameservers for your
domain
- The ability to have access to all standard(free) and
paid services offered via SilentRegister.com that would
require changes to your domain settings
- The ability to renew your domain upon expiration
Information that will be made publicly available for each
domain
The following publicly available information will be listed
for your domain as per Icann policy. In lieu of your information
SilentRegister.com contact information will be listed:
- Registrant - name, email, address, phone and fax contacts
- SilentRegister will be listed
- Technical - name, email, address, phone and fax contacts
- SilentRegister will be listed
- Billing - name, email, address, phone and fax contacts
- SilentRegister will be listed
- Administrative - name, email, address, phone and fax
contacts - SilentRegister will be listed
Your obligations relative to information
For each domain that utilizes the SilentRegister service
you agree to provide the following VERIFIABLE
information
- Registrant - name, email, address, phone and fax contacts
- Technical - name, email, address, phone and fax contacts
- Billing - name, email, address, phone and fax contacts
- Administrative - name, email, address, phone and fax
contacts
Reservation of rights:
SilentRegister.com expressly reserves the right to deny
acceptance of your subscription, cancel your account or
transfer your domain ownership back to you. We also reserve
the right to disclose your information when required by
law(court orders, subpoenas, official government inquiries).
In the event of being named as defendant in any civil, criminal
or legal related proceedings, the whois protection service
for the affected domain will be terminated and the ownership
information will transfer back to you. All verified spam
complaints will result in your SilentRegister service being
terminated, consequently your domain ownership information
will revert back to yours. Additional regulations for spam
abuse are available via our TOS.
Notice of termination:
In the event you wish to cancel the Whois Protection service
for a given name, you agree to explicitly cancel/suspend
via SilentRegister.com website. The official URL to manage,
suspend or cancel services is located at http://www.SilentRegister.com.
Upon suspension or cancellation the SilentRegister service
will cease for the specific domain, the publicly available
whois information will revert back to yours and you will
retain full ownership of the domain. Additional notice or
proof of cancellation is not required beyond what is available
via our online interface.
Indemnification:
You agree to indemnify, defend and hold harmless SilentRegister.com,
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 registration. This indemnification
obligation will survive the termination or expiration of
this Agreement.
Governing Law:
Except as otherwise set forth in the Dispute Policy with
respect to disputes, this Agreement, your rights and obligations
and all actions contemplated by this Agreement shall be
governed by the laws of the United States of America and
the State of Maryland, as if the Agreement was a contract
wholly entered into and wholly performed within the State
of Maryland. Except as otherwise set forth in the Dispute
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