Terms

ATTENTION: Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms, do not use this website.

Wedding Window, Inc. takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our websites, access our online services, or participate in our online offerings. For more information please visit the Wedding Window, Inc. Privacy Policy.

This document is an agreement between you and Wedding Window, Inc. ("Wedding Window") that describes the terms of use ("TOU") subject to which you may access and use the content and services offered on the websites operated by Wedding Window or its affiliates, including but not limited to http://www.weddingwindow.com/ (collectively, the "Wedding Window Sites"). The services and tools offered on some Wedding Window Sites may be subject to additional terms and conditions described on the site or in an End-User License Agreement distributed with such services or tools. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE WEDDING WINDOW SITES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY.

Please note that Wedding Window reserves the right to revise these TOU at any time by posting an update to this page. Your continued use of the Wedding Window Sites or Services following the posting of changes to these TOU will mean you accept those changes. Wedding Window reserves the right, in its sole discretion, to determine if you have violated these TOU, and to take any action it deems appropriate. You acknowledge that Wedding Window shall have the right to terminate your access to the Wedding Window Sites or Services for violations of any of these terms.

Personal, Non-Commercial Use: The Wedding Window Sites are made available for your personal, non-commercial use only. Except as otherwise provided by specific terms governing a services, product or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or Services obtained from the Wedding Window Sites. COPYING OR REPRODUCTION OF CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED EXCEPT TO ANY EXTENT ALLOWED BY A RELEVANT LICENSE AGREEMENT.

Registered Users: Wedding Window offers various wedding related Services, including but not limited to, web site personalization, web hosting and ancillary third party tools ("Services"). In order to access the Services, users must register with Wedding Window by providing their name, e-mail address and payment information, if applicable ("Registered Users"). Subject to their compliance with the TOU, Wedding Window grants Registered Users a limited, non-exclusive license to utilize such Services so long as: (i) they are eighteen (18) years of age or older; and (ii) they are not barred from receiving the products and Services offered on the Wedding Window Site under the laws of the United States. In order to access and/or use the Services, Registered Users must provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Services, and the Registered User will be responsible for maintaining the accuracy and completeness of such information. Registered Users shall be provided with a username and/or an email address and a password to access or use the Services (the "Account Information"). Registered Users are responsible for maintaining the confidentiality of their Account Information and, accordingly, will be fully responsible for all activities that occur utilizing their Account Information. Registered Users agree to immediately notify Wedding Window of any unauthorized use of their Account Information or any other breach of security. Wedding Window will not be liable for any loss or damage arising from a Registered User's failure to provide us with accurate information or to keep their Account Information secure. Wedding Window may, at any time, revoke a Registered User's access to the Services for any reason in its sole discretion, including, but not limited to, if Wedding Window believes that the Registered User is in breach of these Terms of Use. Upon any expiration of Services ordered by a Registered User, or any termination of these TOU, the Registered User's access and other rights to these Services will be cancelled and cease. In such event the Registered User must cease any further use of the Services.

User Content: Registered Users and their visitors may have the opportunity to upload various forms of content to Wedding Window Sites which may include, but not be limited to, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials in connection with their use of the Services ("Content"). By submitting your Content, you give Wedding Window a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content.

Visitors to Wedding Window Sites acknowledge that: (i) Wedding Window may not pre-screen Content and, as such, Wedding Window does not guarantee the accuracy, integrity, or quality of such Content; (ii) you will evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content; (iii) you may be exposed to Content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will Wedding Window be liable in any way for any Content posted by Registered Users or visitors to the Wedding Window Sites, including, but not limited to, any errors or omissions in any such Content, or for any loss or damages or any kind incurred as a result of the use of any such Content.

If Wedding Window is made aware of Content that may be: (i) libelous, obscene, excessively violent, scandalous, defamatory, or that Wedding Window determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) holds Wedding Window, its affiliates or third party content or product providers open to scorn or ridicule, Wedding Window has the right, but not the obligation, to remove or disable access to such Content.

Copyright Infringement and Copyright Agent: Wedding Window will, in circumstances it deems appropriate, terminate a Registered User's right to participate in the Wedding Window Services, and/or remove or disable access to Content, if such Content is claimed to infringe the intellectual property rights of a third party.

If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any Wedding Window Site, please provide notice to the Wedding Window Copyright Agent including the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.

  2. A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.

  3. A description of where the material that you claim is infringing is located on a Wedding Window Site.

  4. Information sufficient to permit Wedding Window to contact you, such as your physical address, telephone number, and email address.

  5. A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.

  6. A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

The Wedding Window Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:
Copyright Agent
Wedding Window, Inc.
P.O. Box 6342
Metairie, LA 70009
By telephone: +1-800-282-5149
By email: admin@weddingwindow.com

YOU SHOULD CONTACT THE COPYRIGHT AGENT ONLY IF YOU BELIEVE THAT YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND THAT SUCH INFRINGEMENT IS OCCURRING ON A WEDDING WINDOW SITE. THE COPYRIGHT AGENT WILL NOT RESPOND TO ANY OTHER INQUIRIES.

Registered User Responsibilities and Conduct: Registered User is responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). Registered User is responsible for those fees. In addition, Registered User must provide and is responsible for all equipment necessary for Registered User to access the Services.

Registered User shall (i) be responsible for its and its web page visitors' compliance with the Agreement; (ii) be solely responsible for the accuracy, quality, integrity and legality of the Content contained on their designated web pages and all electronic data or information submitted by Registered User in connection with the use of the Services; and (iii) use reasonable efforts to prevent unauthorized access to or use of the Services, and notify Wedding Window promptly of any such unauthorized access or use. Registered User represents and warrants that it has the right to use the Content and that it has obtained all third party consents, permits and/or licenses necessary or required to grant the rights granted to Wedding Window hereunder and for Wedding Window to provide the Services to Registered User and its visitors. Registered User shall not make the administrative interface of the Services available to anyone other than its authorized users.

Registered Users further agree:

  • not to use, or attempt to use, the Services to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, libelous, or invasive of another person's privacy or proprietary rights.

  • not to impersonate, or attempt to impersonate, any other individual, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Wedding Window, or otherwise attempt to mislead visitors as Registered User's identity; and

  • to monitor visitor activity on their designated web pages and to remove any Content that violates the provisions of these TOU.

If a visitor submits any Content to a Registered User's web page (i.e., a guestbook or RSVP entry), the IP address that is associated with that visitor will be recorded with such entry in the Registered User's Wedding Window account. If the Registered User deletes a visitor entry, all IP address information associated with that entry will also be removed and will not be recoverable by Wedding Window.

Charges, Billing, Payment: Charges for the Services, if applicable, as well as refund and other policies, are set forth on the Upgrade Options and Support/FAQ pages. In order to register for Services that require payment of a fee, you must provide Wedding Window with your credit card information with your other Account Information. Wedding Window may take commercially reasonable actions to validate your credit card information. You agree that on or before the first business day of each month all charges you incur for use of the Services will be charged to the credit card number you provide. Such charges will include any or all of the following: (1) monthly usage fee set forth on the Wedding Window Packages page; (2) non-recurring fees that were incurred by the Registered User in the previous month; and (3) any unpaid amounts due from previous months, including late payment fees and interest accrued, as applicable. If Wedding Window does not receive payment from your card issuer, you agree to pay Wedding Window all amounts due immediately upon demand. Fees do not include, and Registered User is responsible for, all sales, use and other applicable taxes. Prices are subject to change upon 30 days' prior written notice from Wedding Window.

You must pay for all charges in full each month as set forth in this section. In the event of late payment, Wedding Window reserves the right to suspend the provision of the Services to you and/or impose a late payment fee and/or charge interest on any amounts overdue. Such late payment fee will be the lesser of: (1) one and one-half percent (1.5%) of such overdue payment per every thirty (30) day period or portion thereof; or (2) the maximum amount permissible by applicable law. You agree to pay all attorneys' and collection fees arising from efforts by Wedding Window to collect any past due amounts from you to the extent allowed by law.

Free Accounts, Upgrades, Extensions: Registered Users may select a "Free" (Simple) or "Premium" (Sweet, Sassy, Smitten, Smart, and Savvy) account. Free accounts expire twelve (12) months from the date of registration by the Registered User unless the Registered User upgraded during this period.

Accounts upgraded from "Free" to "Sweet," "Sassy," or "Smart" will expire twelve (12) months from the date such upgrade is requested. Accounts upgraded from "Free" to "Savvy" will expire twenty-four (24) months from the date such upgrade is requested. All other upgrades are available are available in one (1), twelve (12) or twenty-four (24) month increments. Upgrades are available at any time during the current account term by paying the difference in package price between the current and desired package.

Registered Users may extend their current package in one (1), twelve (12) or twenty-four (24) month increments. If the extension purchase is reasonably considered to be an upgrade from the Registered User's current package, the Registered User's account will be upgraded to the upgraded package on the date of the extension purchase, even if that date occurs in advance of the current package expiration date. A pro-rated discount for the time remaining in the Registered User's prior package will be applied to the extension purchase.

Domain Name Purchases: Domain name purchases are non-refundable. Once a domain name order has been received, the domain name, if available, will be registered immediately. Domain names cannot be registered to another registrar for sixty (60) days from the date of purchase. If a Registered User elects to direct their domain name to another website during the initial sixty (60) day period, the Registered User must send the nameserver information to the Wedding Window support team so that Wedding Window may update the nameservers as required. Following this sixty (60) day period, Registered Users may request an AUTH code in order to transfer the domain name to another registrar. Wedding Window will provide the AUTH code via e-mail to the e-mail address included in the Account Information.

Wedding Window Intellectual Property Rights: All content and Services on the Wedding Window Sites, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, video and other website materials (the "Materials") are the intellectual property of Wedding Window, its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. None of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of Wedding Window.

Wedding Window, the Wedding Window logo, and other marks related to Wedding Window Services ("Wedding Window Marks") are the exclusive and valuable property of Wedding Window or its affiliated companies. The Wedding Window Marks can only be reproduced or displayed with specific written permission from Wedding Window, and only in accordance with the policies and guidelines associated therewith. All third party trademarks are the property of their respective owners.

Third-Party Content, Links and Services: The Wedding Window Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services. In consideration for the convenience of Wedding Window making this third-party content and tools available or accessible to you, you acknowledge that Wedding Window is not responsible for any such third-party content or tools. You also agree that Wedding Window is not responsible or liable for any losses or damages you experience with any third-party content or tools you chose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you. Wedding Window may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable.

Compliance with Laws: By accessing or using the Wedding Window Sites, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Wedding Window Sites and any Services. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the Wedding Window Sites to countries or persons prohibited under the export control laws of the United States. Wedding Window makes no representation that the content on the Wedding Window Site is appropriate or available for use outside the United States. If you have chosen to access the Wedding Window Site from outside the United States, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.

Legal Disclaimers: The Wedding Window Sites and the information provided therein are for the convenience of users of the Wedding Window Site and for customers and potential customers of Wedding Window and its Services. The information provided on the Wedding Window Sites and the Services described on the Wedding Window Sites are subject to change without notice. WEDDING WINDOW DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE WEDDING WINDOW SITES. THE WEDDING WINDOW SITES AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WEDDING WINDOW DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEDDING WINDOW SITES SITE OR SERVICES. WEDDING WINDOW DOES NOT WARRANT THAT THE WEDDING WINDOW SITES OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE WEDDING WINDOW SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITES, SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, WEDDING WINDOW IS NOT RESPONSIBLE FOR SUCH COSTS.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.

LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS WEDDING WINDOW, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE WEDDING WINDOW SITES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF WEDDING WINDOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

The above limitation applies to your use, misuse, or reliance upon the Wedding Window Sites, including, without limitation, damages you may incur because of third-party Services or goods advertised on, or linked to the Wedding Window Sites.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnity: You agree to defend, indemnify, and hold harmless Wedding Window and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Wedding Window Sites or Services, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Wedding Window Sites or Services, (iii) any actual or alleged infringement by you, or any person accessing the Wedding Window Sites or Services using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of the password protected materials utilizing your account information, whether or not known or authorized by you.

Governing Law: These TOU and all claims related to them, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. You agree and irrevocably submit to the exclusive personal jurisdiction and venue in the state or federal courts located in Boston, Massachusetts, with respect to such matters. If for any reason, a court of competent jurisdiction finds any provision or portion of the TOU to be unenforceable, the remainder of the TOU will continue in full force and effect.

Entire Agreement, Assignment: These TOU constitute the entire agreement between you and Wedding Window, Inc., with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You may not assign or delegate any rights or obligations hereunder. Wedding Window may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party.

These Terms of Use were last amended on 01-20-2012.


Domain Name Registration and Customer Service Agreement

Last Revised: September 10, 2014

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Domain Name Registration and Customer Service Agreement (this amp;ldquo; Agreement amp;rdquo;) is entered into by and between Wedding Window, Inc., an individual (" Wedding Window, Inc. ") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of the Services offered hereunder and described in this Agreement (individually and collectively, the amp;ldquo; Services amp;rdquo;), and represents the entire agreement between you and us concerning the subject matter hereof. Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.

The terms amp;ldquo;we amp;rdquo;, amp;ldquo;us amp;rdquo; or amp;ldquo;our amp;rdquo; shall refer to Wedding Window, Inc. and the Sponsoring Registrar. The terms amp;ldquo;you, amp;rdquo; amp;ldquo;your amp;rdquo; and amp;ldquo;User amp;rdquo; shall refer to any individual or entity who accepts this Agreement.

We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and Service limitations as last revised. If you do not agree to be bound by this Agreement and the Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. You acknowledge and agree that the Sponsoring Registrar is an intended third-party beneficiary of this Agreement, with a right to enforce the terms and provisions contained herein.

Wedding Window, Inc. is not an Internet Corporation for Assigned Names and Numbers (" ICANN ") accredited registrar; we are an authorized reseller of domain name registration services. Accordingly, you acknowledge and agree that we may modify this Agreement in order to comply with any terms and conditions set forth by (i) the sponsoring registrar ( amp;ldquo; Sponsoring Registrar amp;rdquo;), (ii) ICANN, and/or (iii) the registry applicable to the top level domain (" TLD ") or country code top level domain (" ccTLD ") in question. As used herein, the terms "registry", "Registry", "registry operator" or "Registry Operator" shall refer to the registry applicable to the TLD or ccTLD in question. To identify the sponsoring registrar, click here . For more information regarding domain name registration, you may review ICANN amp;rsquo;s Registrant Rights and Responsibilities .

2. ELIGIBILITY; AUTHORITY

The Services are available only to Users who can form legally binding contracts under applicable law. By using the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services under the laws of the United States or any other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your" and "User" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, we find that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you.

3. FEES AND PAYMENTS

You agree to pay any and all prices and fees (including any registration fees required by ICANN) due for the Services at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. We expressly reserve the right to change or modify our prices and fees at any time, and such changes or modifications shall be posted online and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal.

4. LIMITATIONS

Legal Use . You acknowledge and agree that your use of the Services will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

General Rules of Conduct and Restrictions . You acknowledge and agree that:

a. You will not use the Services or allow or enable others to use the Services in a manner (as determined in our sole discretion) that:

  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
  • Promotes, encourages or engages in any spam or other unsolicited bulk mail, or computer or network hacking or cracking;
  • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
  • Infringes on the intellectual property rights of any other person or entity;
  • Violates the privacy or publicity rights of any other person or entity, or breaches any duty of confidentiality that you owe to any other person or entity;
  • Interferes with the operation of the Services or causes repetitive, high volume inquiries into any of our Services (i.e., domain name availability, etc.);
  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding our or Sponsoring Registrar amp;rsquo;s services.

b. You will not impersonate any other person or entity, or submit content on behalf of any other person or entity without their express prior written consent.

c. You will not collect or harvest (or permit anyone else to collect or harvest) any non-public or personally identifiable information about any other person or entity without their express prior written consent.

d. You will not copy or distribute in any medium any part of the Services, except where expressly authorized by us and/or Sponsoring Registrar.

e. You will not modify or alter any part of the Services or any of the technology related to the Services.

f. You agree to back-up all of your own content that you may upload or use with the Services so that you can access and use it when needed. We do not warrant that we back-up any account or user content, and you agree to accept as a risk the loss of any and all of your user content.

g. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested by us or Sponsoring Registrar.

Server Restrictions . If you are hosting your domain name system ( amp;ldquo; DNS amp;rdquo;) on our servers, or are using our systems to forward a domain name, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with us, you are responsible for ensuring there is no excessive overloading on our servers. You may not use our servers and your domain name as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that we reserve the right to deactivate your domain name from our DNS if we deem it is the recipient of activities caused by your site that threaten the stability of our network.

Account Modification or Termination . We expressly reserve the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Services for any reason (as determined in our sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by us in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of our network and any domain name registry, (iii) to correct mistakes made by any domain name registry, (iv) to assist with fraud and abuse detection and prevention efforts, (v) to comply with applicable local, state, national and international laws, rules and regulations, and ICANN policies (vi) to comply with requests of law enforcement, including subpoena requests, (vii) to comply with any dispute resolution process, (viii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (ix) to avoid any civil or criminal liability on the part of us and Sponsoring Registrar, and their officers, directors, employees, agents and affiliates, or (x) for any violations of this Agreement.

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

5. PROVISIONS SPECIFIC TO ALL DOMAIN NAME REGISTRATIONS

Registry Rules . You agree to be bound by the rules, policies, and agreements of each Registry from which you purchase a domain name registration, which may include, but are not limited to, top level domain registries and second level domain registries.

Up To Date Information . You agree that for each domain name registered by you, the following contact data is required: name, postal address, email address, telephone number, and if available, a facsimile number for the Registered Name Holder and, if different from the Registered Name Holder, the same contact information for a technical contact, an administrative contact and a billing contact (cumulatively amp;ldquo; Registration Information amp;rdquo;). You agree to notify us within five (5) business days when any of the Registration Information changes. It is your responsibility to keep the Registration Information in a current and accurate status. Failure by you, for whatever reason, to provide us with accurate and reliable Registration Information on an initial and continual basis shall be considered a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by us to determine the validity of Registration Information provided by you, shall also be considered a material breach of this Agreement. You agree to retain a copy of the receipt of purchase for your domain name.

WhoIs Database . You acknowledge and agree that ICANN requires that Registration Information be shared with the registry operator and be made publicly available by means of Whois. We and the registry operator also may be required to archive this information with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure.

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

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

You agree that, to the extent permitted by ICANN, we may make use of the publicly available information you provide during the registration process.

Default Domain Name Settings . When you register a domain name with us, you or we will also set up your domain name settings. In some cases, if your domain name is not directed away from our name servers, we will direct your domain name to a parked page ( amp;ldquo; Parked Page amp;rdquo;). A Parked Page is an online domain monetization system designed to generate revenue (through the use of pay per click advertising) from domain names that are not actively being used as websites. If your domain name is directed to a Parked Page, you acknowledge and agree that we may display advertising for our own services and/or advertising for third parties on your Parked Page, and that we may aggregate for our own use related usage data by means of cookies and other similar means. In addition, you acknowledge and agree that all content on our Parked Page, including the advertising, will be selected by us and our advertising partners, as appropriate, and that you will not be permitted to customize the advertising (or any portion of the Parked Page) or be entitled to any compensation in exchange therefore. Please note that the third-party advertising displayed on our Parked Pages may contain content offensive to you including, but not limited to, links to adult content. We make no effort to edit, control, monitor, or restrict the content and third-party advertising displayed on our Parked Pages, and expressly disclaim any liability or responsibility to you or any third party in connection therewith.

Domain Tasting . You agree that you will not engage in amp;ldquo;domain tasting amp;rdquo; by using the five (5) day grace period in which a registrant may choose to cancel a domain name and get a full refund of the registration fee as a vehicle to test the marketability or viability of a domain name. If we determine in our sole and absolute discretion that you have been engaging in amp;ldquo;domain tasting, amp;rdquo; then we reserve the right to (a) charge you a fee which shall be deducted from any refund issued, or (b) refuse your cancellation/refund request altogether.

Transfers . You agree that you will not transfer any domain name registered through us to another domain name registrar during the first sixty (60) days after its initial registration date or transfer to us, during which time the domain name will be placed on lock status. After the first sixty (60) days expire, you may transfer your domain name away to a new Registrar. To initiate a transfer away, you must place your domain name in unlock status, make sure your Administrative Contact email address is current, and initiate your transfer request with the new Registrar.

If you are transferring a domain name registration from another Registrar to us, you must ensure that the domain name is in unlock status at the losing Registrar, make sure your Administrative Contact email address is current, provide all of the information requested through our online transfer application and pay for the transfer. We will send a transfer approval request to the Administrative Contact amp;rsquo;s email address, which approval must be received before we can initiate the transfer. Once initiated, a transfer will be accepted or denied by the losing Registrar within five (5) days. Upon successful transfer, you shall remain the registrant of the domain name and we shall become the Registrar of record.

Failure to Renew . All domain name registrations are for a specific period of time and must be renewed upon expiration if you want to continue using the domain name. You agree that we will not be responsible for cancelled domain names that you fail to renew. If you fail to renew your domain name in a timely fashion, additional charges may apply. If you fail to renew your domain name in the applicable timeframes, you agree that we may, in our sole discretion, renew your expired domain name on your behalf and provide you with a renewal grace period during which time you may reimburse us for the renewal and keep your domain name. If we provide you with a renewal grace period and you do not reimburse us for the renewal during the renewal grace period, your domain name will be placed on hold and flagged for deletion.

If your domain name is deleted, the Registry may also provide a redemption grace period during which you may pay a redemption fee and redeem your domain name. If you do not redeem your domain name prior to the end of the Registry's redemption grace period, the Registry will release your name and it will become available for registration on a first-come-first-served basis. Renewal grace periods and redemption grace periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event there is a conflict between the provisions of this paragraph and the ccTLD terms, the ccTLD terms shall control.

Any time after expiration, your domain name may resolve to a Parked Page containing advertisements.

Refusal of Service . You agree that we, in our sole discretion and without liability to you, may refuse to accept the registration of any domain name. We also may in our sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. We may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by us in our sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities include, but are not limited to:

  • Activities prohibited by the laws of the United States and/or foreign territories in which you conduct business;
  • Activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; and
  • Activities designed to harm or unethically use minors in any way.

Dispute Resolution Policy . You agree to be bound by ICANN amp;rsquo;s Uniform Domain Name Dispute Resolution Policy . This policy is incorporated herein and made a part of this Agreement. You agree that if a dispute arises as a result of any domain names you have registered, you will indemnify, defend and hold us harmless. You also agree that if we are notified that a complaint has been filed with a governmental, administrative or judicial body regarding a domain name registered by you, we may take whatever action, in our sole discretion, we deem necessary regarding further modification, assignment of and/or control of the domain name to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold us harmless for any action we take.

7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED amp;ldquo;AS IS amp;rdquo;, amp;ldquo;AS AVAILABLE amp;rdquo; AND amp;ldquo;WITH ALL FAULTS amp;rdquo;. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE SERVICES FOUND AT THIS SITE, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (III) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF SERVICES, (VI) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE SERVICES, (VII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, amp;ldquo;X-RATED amp;rdquo;, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (VIII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.

9. INDEMNITY

You agree to protect, defend, indemnify and hold harmless us and our officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys amp;rsquo; fees) imposed upon or incurred by us directly or indirectly arising from (i) your use of and access to the Services; (ii) your violation of any provision of this Agreement or any policies or agreements incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

10. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

11. U.S. EXPORT LAWS

The Services are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control ( amp;ldquo; OFAC amp;rdquo;), State Department, and other United States authorities (collectively, amp;ldquo; U.S. Export Laws amp;rdquo;). Users shall not use the Services to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services in violation of any U.S. Export Laws. None of the Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using the Services you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including amp;ldquo;anti-boycott amp;rdquo;, amp;ldquo;deemed export amp;rdquo; and amp;ldquo;deemed re-export amp;rdquo; regulations). If you access the Services from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access the Services. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

12. COMPLIANCE WITH LOCAL LAWS

We make no representation or warranty that the Services are appropriate in every country or jurisdiction, and access to the Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access the Services are responsible for compliance with all local laws, rules and regulations.

13. TRANSFER OF DATA ABROAD

If you are visiting this site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this site and communicating electronically with us, you consent to such transfers.

14. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above, this Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Arizona, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Maricopa County, Arizona, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Maricopa County, Arizona. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

15. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

16. PROVISIONS SPECIFIC TO .BIZ REGISTRATIONS

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

.BIZ Restrictions

Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .BIZ Registration Restrictions (" Restrictions "), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one (1) 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 (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business. Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

.BIZ Certification

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

i. The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. More information on the .BIZ restrictions, which are incorporated herein by reference, are available online;

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

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

Domain Name Dispute Policy

If you reserved or registered a .BIZ domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

i. The Uniform Domain Name Dispute Policy;

ii. The Start-up Trademark Opposition Policy (" STOP "); and

iii. The Restrictions Dispute Resolution Criteria and Rules.

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 is a service introduced by Registry Operator to notify a trademark or service mark holder (" Claimant ") that a second level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

Domain Name Dispute Policy Modifications

You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our website 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 cancel or terminate your Services 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

We 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 us and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. We and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

Indemnification

You agree to indemnify, defend and hold harmless the .BIZ Registry Operator, NeuLevel, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.

17. PROVISIONS SPECIFIC TO .COM AND .NET REGISTRATIONS

Indemnification

You agree to indemnify, defend and hold harmless the .COM .and NET Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.

18. PROVISIONS SPECIFIC TO .INFO REGISTRATIONS

Indemnification

You agree to indemnify, defend and hold harmless the .INFO Registry Operator, Afilias Limited, and its subcontractors, shareholders, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.

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

i. Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .info Registry Operator and its designees and agents;

ii. Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy (" UDRP ") and the Sunrise Dispute Resolution Policy (" SDRP ");

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

iv. Acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (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.

19. PROVISIONS SPECIFIC TO .MOBI REGISTRATIONS

You acknowledge and agree that you shall comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide, found here. You consent to the monitoring of your website for compliance with the Style Guide.

Further, you acknowledge and agree the Style Guide is subject to modification by the dotmobi registry, and you acknowledge and agree that you will comply with any such changes in the time allotted.

You agree to indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration and or use, and this indemnification obligation survives the termination or expiration of this Agreement;

You agree to indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration and or use, and this indemnification obligation survives the termination or expiration of this Agreement;

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

You agree to comply with ICANN requirements, standards, policies, procedures, and practices for which dotmobi has responsibility in accordance with the Registry Agreement between ICANN and dotmobi or other arrangement with ICANN.

You consent to the use, copying, distribution, publication, modification and other processing of your personal data by dotmobi and its designees and agents in a manner consistent with the purposes for which your personal data is collected by us and submitted to dotmobi and with relevant mandatory local data protection, law and privacy.

You shall immediately correct and update your registration information for your registered domain name(s) during the registration term for each Registered Name.

You further agree to comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty (30) days notice by Registry Operator to Registrar;

You acknowledge and agree that dotmobi and Afilias Limited, acting in consent with dotmobi, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of dotmobi as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; (v) or to correct mistakes made by dotmobi or any registrar in connection with a domain name registration, and dotmobi also reserves the right to freeze a domain name during resolution of a dispute.

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

You acknowledge and agree if the domain name being registered is a dotMobi Premium Name, and as such is listed here , then use of the domain name is also subject to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement) posted here , which is incorporated by reference herein.

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

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

20. PROVISIONS SPECIFIC TO .ORG REGISTRATIONS

Indemnification

You agree to indemnify, defend and hold harmless the .ORG Registry Operator, Public Interest Registry, and its subcontractors, shareholders, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.

21. PROVISIONS SPECIFIC TO .US REGISTRATIONS

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein. These policies may prohibit you from changing, transferring, or assigning the name you have submitted as Registrant.

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

A. Registrants must be either:

i. A natural person (a) who is a United States citizen, (b) who is a permanent resident of the United States of America or any of its possessions or territories, or (c) whose primary place of domicile is in the United States of America or any of its possessions; or

ii. An entity or organization that is (a) incorporated within one of the fifty (50) U.S. states, the district of Columbia, or any of the United States possessions or territories or (b) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions (including a federal, state, or local government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States); or

iii. A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or (ii) maintains an office or other property within the United States.

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

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

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

Indemnification

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

.US Registration Restrictions

You understand and agree that when you register one of these domain names you are prohibited from using any profanity in the domain name pursuant to the .US Registration Review Policy available here . The definition of profanity can be found in Federal Communications Commission v. Pacifica Foundation, 438 U.S. 726, 98 S. Ct. 3026, 57 L.Ed.2d 1073 (1978).

Further, you acknowledge and agree that you are not permitted to purchase private or proxy .US registrations. You shall register for any and all .US registrations using your personal information, which information you represent and warrant is current, accurate and complete.

22. PROVISIONS SPECIFIC TO .WS REGISTRATIONS

Indemnification

You agree to indemnify, defend and hold harmless the .WS Registry Operator, Global Domains International, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration policies for this ccTLD are available online and are incorporated herein.

23. OTHER COUNTRY CODE TOP LEVEL DOMAINS

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

24. PROVISIONS SPECIFIC TO .BR REGISTRATIONS

You agree to be bound by the current and future .BR registry policies as detailed or linked to on the .br website, located here .

25. PROVISIONS SPECIFIC TO .BZ REGISTRATIONS

You agree to be bound by current future .BZ registry policies as detailed or linked to on the .BZ website, located here.

You acknowledge and agree that the .BZ registry reserves the right to instruct its registry services provider to deny, cancel, transfer or otherwise make unavailable any registration that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of the .BZ Registry, as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (4) for violations of this Agreement; or (5) to correct mistakes made by the .BZ registry or any registrar in connection with a domain name registration. The .BZ registry also reserves the right to place on LOCK, HOLD or other similar status any domain name during resolution of a dispute.

26. PROVISIONS SPECIFIC TO .ES REGISTRATIONS

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

27. PROVISIONS SPECIFIC TO .IN REGISTRATIONS

You agree to be bound by current and future .IN registry policies as indicated on the .IN registry website located here.

You acknowledge and agree the .IN registry reserves the right to instruct its registry services provider to deny, cancel, transfer or otherwise make unavailable any registration that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of the .IN Registry, as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (4) for violations of this Agreement (including its Exhibits); or (5) to correct mistakes made by the .IN registry or any registrar in connection with a domain name registration. The .IN registry also reserves the right to freeze a domain name during resolution of a dispute.

You agree to be bound by the policy and procedures for resolution of disputes concerning registered .IN domain names in accordance with the .IN Registry's Domain Name Dispute Resolution Policy (" Dispute Policy ").

You agree to be bound by current and future .IN registry policies as indicated on the .IN registry website located at www.registry.in .

You acknowledge and agree that the .IN registry reserves the right to instruct its registry services provider to deny, cancel, transfer or otherwise make unavailable any registration that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of the .IN Registry, as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (4) for violations of this Agreement (including its Exhibits); or (5) to correct mistakes made by the .IN registry or any registrar in connection with a domain name registration. The .IN registry also reserves the right to freeze a domain name during resolution of a dispute.

You agree to be bound by the policy and procedures for resolution of disputes concerning registered .IN domain names in accordance with the .IN Registry's Domain Name Dispute Resolution Policy (" Dispute Policy ").

28. PROVISIONS SPECIFIC TO .ME REGISTRATIONS

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

You agree to indemnify, defend and hold harmless the .ME Registry, its owners, subsidiaries, affiliates, subcontractors and agents, and the respective directors, officers, employees, affiliates and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration or the use of any domain name registered in the TLD by or on your behalf.

29. PROVISIONS SPECIFIC TO .MX REGISTRATIONS

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration policies for this ccTLD are available here.

You acknowledge and agree that in regards to disputes over domain name ownership, we will not resolve disputes over ownership. If we are provided with a filed court dispute in a court of competent jurisdiction, the domain name will remained locked pending the court's decision.

You acknowledge and agree that during landrush registration, the .MX registry may decrease the registration fees over time. You agree that in the event you purchase a domain name, you are not entitled to a refund in the event the registration fees are decreased after your purchase.

You agree to indemnify, defend and hold harmless the .MX registry operator, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration.

You acknowledge and agree a copy of the customer contact data you provide will be used as the initial domain name contact data and made public in the Whois database.

IN NO EVENT SHALL THE .MX REGISTRY OPERATOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE DOMAIN NAME, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE .MX REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

30. PROVISIONS SPECIFIC TO .NL REGISTRATIONS

You represent and warrant that all information provided by you is correct, complete and complies with all .nl General Terms and Conditions for .NL Registrants, which may be found here.

You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines are available here and are incorporated herein.

31. PROVISIONS SPECIFIC TO .TV REGISTRATIONS

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

.TV Registration Restrictions

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


Revised: 9/10/14
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