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Domain Registration Agreement |
This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of RELENTNET LLC.’s (“RELENTNET LLC”) domain name registration services to register an Internet domain name, your registration of that domain name, as well as other RELENTNET LLC domain name related services. In this Agreement “you” and “your” refer to each customer and “we”, “us” and “our” refer to RELENTNET LLC. This Agreement explains our obligations to you, and explains your obligations to us for various RELENTNET LLC 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 RELENTNET LLC service(s) or to cancel your RELENTNET LLC service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions. By signing or checking the consent box, 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 RELENTNET LLC. This Agreement will become effective when accepted by RELENTNET LLC. RELENTNET LLC 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: You agree and acknowledge that RELENTNET LLC 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: 3.Dispute policy: 4.Fees and payment: 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 or renewal fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to RELENTNET LLC as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. 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 $200.00. You will be notified thirty (30) and seven (7) days prior to registration expiration date, and 4 days after the expiration date. Should a renewal fee go unpaid within the time specified in a third 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 for the term specified 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. 5.Transfer to another registrar: 6.Modifications to RELENTNET LLC’s registration agreement and dispute policy: 7.Domain name registration information and its use: i. The domain name being registered; 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; 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 within seven (7) days of any change 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 fifteen (15) calendar days to inquiries by RELENTNET LLC concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for suspension or cancellation of your domain name registration. d. Privacy Policy: Disclosure and Use of Registration Information. You agree and acknowledge that RELENTNET LLC 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 RELENTNET LLC 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” 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 RELENTNET LLC 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 RELENTNET LLC. 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.relentnet.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 your 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. RELENTNET LLC 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.Spam/Unsolicited e-mail policy In extreme cases, RELENTNET LLC personnel have the option to immediately disable any account in order to forestall further abuse or damage to email systems. Unsolicited advertisements or solicitations sent from other networks which reference email accounts registered by RELENTNET LLC shall be treated as if they originated from the account referenced, unless there is sufficient reason given for RELENTNET LLC staff to believe that the message truly originated with some unrelated party. No person shall conspire with another person to initiate the transmission of a commercial electronic mail message that: (a) Uses a third party’s internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or (b) Contains false or misleading information in the subject line. At the time of a SPAM complaint, we shall investigate the claim by contacting the admin contact and/or the account owner of the domain name at the listed e-mail address. If there is no response within THREE (3) days of our request, we shall suspend and lock the domain. If the domain name owner wishes to reinstate the name after the’lock’ is in place, RELENTNET LLC will require a $100.00 reactivation fee to be paid before the name is reactivated. In the event that RELENTNET LLC receives further complaints after the domain name has been unlocked the first time, the domain name in question will be canceled by RELENTNET LLC. If there are two complaints for two different domain names within the same user’s account, and there is no response to either or both requests for explanation, we shall suspend and lock the domains in question AND lock the entire account. For those domain names within the account that have not received a SPAM complaint, they will be allowed to be transferred to another registrar at the account owner/domain name registrant’s expense. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not RELENTNET LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available. RELENTNET LLC does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RELENTNET LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available. The following are some examples of spamming that may violate the Registration Agreement and RELENTNET LLC ‘s Spam Policy: You agree to not: a.upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; b.harm minors in any way; c.impersonate any person or entity, including, but not limited to, a RELENTNET LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d.forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted; e.upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f.upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party; g.upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; h.upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i.disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; j.interfere with or disrupt servers or networks, or disobey any requirements, procedures, policies or regulations of networks; k.relaying email from a third party’s mail servers without the permission of that third party; l.using “robots” or otherwise harvesting other’s email addresses from the RELENTNET LLC site for purposes of sending unsolicited or unauthorized material; m.uploading, posting, emailing, or transmitting the same message, URL, or post multiple times; n.intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; o. “stalk” or otherwise harass another; or p. collect or store personal data about other users. You acknowledge that RELENTNET LLC does not pre-screen Content, but that RELENTNET LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via our services. Without limiting the foregoing, RELENTNET LLC and its designees shall have the right to remove any Content that violates the Registration Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by RELENTNET LLC or submitted to RELENTNET LLC, including without limitation information in Message Boards and all other parts of our services. You acknowledge and agree that RELENTNET LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Registration Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of RELENTNET LLC , its users and the public. Certain RELENTNET LLC services may have additional SPAM guidelines explaining appropriate conduct for those services. It is the user’s responsibility to check each property’s guidelines for additional details regarding SPAM. Violations of our Registration Agreement or this Spam Policy may result in legal action and/or a fine against you and the termination, without notice, of your account and/or anything associated with it, including, but not limited to, email accounts, posts, home pages, and profiles. Nothing in this policy is intended to grant any right to transmit email to or through RELENTNET LLC computer systems. RELENTNET LLC does not waive any rights by the failure to enforce this policy in every instance in which it might apply. 9.Ownership of information and data: 10.Agents and licenses: You agree that if you license the use of your domain name to a third party, you re-main the domain name holder, and remain responsible for all obligations under this Agreement. 11.Notices and announcements: 12.Limitation of liability: 13.Indemnification: 14.Representations and warranties: All domain name registration services are provided to you “as is.” except for our statement regarding our accreditation as an icann-approved domain name registrar in the introductory paragraph of this agreement, 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, RELENTNET LLC 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. 15.Breach and revocation: 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 RELENTNET LLC ) or registry administrator procedures approved by an ICANN-adopted policy, or by any other ccTLD registry administrator procedures as the case may be, (e) to correct mistakes by RELENTNET LLC , another registrar or the registry administrator in administering the name or (f) for the resolution of disputes concerning the domain name. You also agree that RELENTNET LLC 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 RELENTNET LLC 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. 16.Right of refusal: 17.Governing law: 18.Notices: 19.Infancy: 20.General: 21.Provisions specific to domain name registration and expired domain name. Registrant acknowledges that Registrar and Service Providers can choose to redirect a domain name to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, immediately after the expiration of the term of domain name registration services. Registrant acknowledges that Registrar and it’s Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection. Registrant acknowledges that the domain name will be participated in this process, typically called the “Redemption Grace Period” (“RGP”) when the domain name has not be renewed after 35 days from the domain name expiration date. Registrant acknowledges that in the event the domain name services are terminated if the domain name has not been restored during the time of the redemption period, and agrees that Registrar and Service Providers, for any reason and in our sole discretion to conduct the domain name. 22.Provisions specific to all registrations. 23.Provisions specific to .COM, .NET registrations. |
RELENTNET LLC Uniform Domain Name Dispute Resolution Policy |
(As Approved by ICANN on October 24, 1999) |
1.Purpose. 2.Your Representations. 3.Cancellations, Transfers, and Changes. a.subject to the provisions of Paragraph 4 , our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action; 4.Mandatory Administrative Proceeding. a.Applicable Disputes. b.Evidence of Registration and Use in Bad Faith. c.How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. d.Selection of Provider. e.Initiation of Proceeding and Process and Appointment of Administrative Panel. f.Consolidation. g.Fees. h.Our Involvement in Administrative Proceedings. i.Remedies. j.Notification and Publication. k.Availability of Court Proceedings. 5.All Other Disputes and Litigation. 6.Our Involvement in Disputes. 7.Maintaining the Status Quo. 8.Transfers During a Dispute. b.Changing Registrars. 9.Policy Modifications. |