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TL Design & Marketing Inc. Domain Name Registration Agreement

IF YOU ACCEPT THIS AGREEMENT WITHOUT READING IT IN ITS ENTIRETY YOU ARE STILL BOUND BY THIS AGREEMENT IN ITS ENTIRETY

1. AGREEMENT.
In this Registration Agreement ("Agreement") YOU, YOUR and YOURSELF refer to each customer, WE, US and OUR refer to TL Design & Marketing Inc. and "Services" refers to the domain name registration services provided by US and OUR designated contractors, agents, and assignees (collectively referred to in this Agreement as "TL Design & Marketing Inc").

2. SELECTION OF A DOMAIN NAME.
YOU represent that, to the best of the YOUR knowledge and belief, neither the registration of a second level domain (SLD) name nor the manner in which it is used infringes the legal rights of a third party, and that the Domain Name is not being registered for any unlawful purpose.

3. FEES.
As consideration for the Services YOU have selected, YOU agree to pay to US applicable service fees. All fees payable hereunder are non-refundable. As further consideration for the Services, YOU agree to: (1) provide certain current, complete and accurate information about YOU as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information is referred to as "Account Information". By completing and submitting this Agreement, YOU represent that the statements in YOUR Account Information are true.

4. TERM.
YOU agree that this Agreement will remain in force during the length of the term of YOUR Domain Name Registration as selected, recorded and paid for upon registration of the domain name. If YOU renew or otherwise lengthen the term of YOUR Domain Name Registration, the term of this Registration Agreement will be extended accordingly. If YOU transfer YOUR domain name or the domain name is otherwise transferred to or is in the name of another Registrar, the terms and conditions of this Agreement will cease and be replaced by the terms of the new Registrar. No fees are refundable on termination.

5. MODIFICATIONS TO AGREEMENT.
YOU agree, during the period of this Agreement, that WE may: (1) revise the terms and conditions of this Agreement; and (2) change the Service provided under this Agreement. Any revisions or changes will be binding and effective immediately on posting of the revisions or changes at OUR Web site www.tldesign.ca, or on notification to YOU by e-mail or regular mail as per the Notices section of this agreement. YOU agree to review OUR Web site, including the Agreement as posted thereon, periodically, to inform YOURSELF of any such revisions. If YOU do not agree with any revision to the Agreement, YOU may terminate this Agreement within 2 (two) calendar weeks thereafter by providing US with notice by e-mail or regular mail as per the Notices section of this agreement. Notice of YOUR termination will be effective on receipt and processing by US. YOU agree that, by continuing to use the Services following notice of any revision to this Agreement or change in service(s), YOU will abide by any such revisions or changes. YOU further agree to abide by any dispute resolution policy as promulgated from time-to-time by any relevant and applicable top-level domain name registry or Registrar connected to YOUR domain name.

6. MODIFICATIONS TO YOUR ACCOUNT.
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. It is YOUR responsibility to safeguard YOUR Account Identifier and Password from unauthorized use. In no event are WE liable for unauthorized use of YOUR Account Identifier or Password.

7. DOMAIN NAME DISPUTE POLICY.
If YOU reserved or registered a domain name through US, or transferred a domain name to US from another registrar, YOU agree to be bound by applicable Dispute Policies, as promulgated by the relevant top-level domain (TLD) name Registries, such Policies being incorporated by reference herein. It is YOUR responsibility to become familiar with and abide by the relevant TLD Registry policies. In the case of TLDs administered by ICANN, you specifically agree to be bound by the dispute policies at http://www.icann.org/udrp/. In the case of TLDs administered by CIRA, you specifically agree to be bound by the dispute policies at http://www.cira.ca/en/cat_Registrar.html.

8. DOMAIN NAME DISPUTES.
YOU agree that, if the registration or reservation of YOUR domain name is challenged by a third party, YOU will be subject to the provisions specified in the applicable 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 in any event. If TL Design & Marketing Inc. is notified that a complaint has been filed with a judicial or administrative body regarding YOUR domain name, TL Design & Marketing Inc. may in its sole discretion, suspend YOUR ability to use YOUR domain name or to make modifications to YOUR registration records until either TL Design & Marketing Inc. (i) is directed to do so by the judicial or administrative body, or (ii) receives notification by YOU and the other party contesting YOUR domain that the dispute has been settled. If YOU are subject to litigation regarding YOUR registration or use of YOUR domain name, TL Design & Marketing Inc. may deposit control of YOUR registration record into the relevant TLD registry or judicial body by supplying a third party with a registrar certificate from TL Design & Marketing Inc.. For any dispute, YOU irrevocably agree to submit to the jurisdiction of the courts of The Province of Ontario.

9. RENEWAL.
YOU agree that WE will, on your behalf, take all required steps to automatically renew YOUR domain name registration on a yearly basis, and that YOU will be solely responsible for all costs in so doing. YOU undertake to indemnify TL Design & Marketing Inc. for any expenses it incurs in such renewals. YOU further designate TL Design & Marketing Inc. to act on your behalf and as your domain name temporary administrative contact when required, and agree that WE may take all steps necessary to ensure both renewal and transfer of the subject domain name to TL Design & Marketing Inc. as the registrar of record.

10. FURTHER AGREEMENTS.
In the case of all domain names regardless of name extension, YOU further agree to be bound by the terms of registration as promulgated by the relevant TLD Registry and other relevant registrars if applicable, from time to time, these terms being continually incorporated herein by reference.

11. AGENCY.
Regardless of whether YOU intend to license use of a domain name to a third party YOU are nonetheless the domain name holder of record and are therefore responsible for providing YOUR own full contact information, and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with YOUR domain name. YOU accept all liability for harm caused by wrongful use of the domain name by YOUR licensee unless YOU promptly disclose the identity of the licensee to a party providing YOU with reasonable evidence of actionable harm. YOU also represent that YOU have provided notice of the terms and conditions in this Agreement to YOUR licensee, and that YOUR licensee agrees to all the terms herein.

12. ANNOUNCEMENTS.
WE reserve the right to distribute information to YOU that is pertinent to the quality or operation of OUR services and those of OUR service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance YOUR identity on the Internet. YOU agree that such information is prima facie communication solicited by YOU, by virtue of YOUR acceptance of this agreement.

13. LIMITATION OF LIABILITY.
YOU agree that OUR entire liability, and YOUR exclusive remedy, with respect to any Service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount YOU paid for such Service(s). WE are not liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, OUR liability is limited to the extent permitted by law. WE disclaim any and all loss or liability including loss or liability resulting from: (1) access delays or access interruptions; (2) data non-delivery or data mis-delivery; (3) acts of God or acts not under OUR control; (4) the unauthorized use or misuse of YOUR account identifier or password; (5) errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) the interruption of YOUR Service. YOU agree that WE are not liable for any loss of registration and use of YOUR domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if WE have been advised of the possibility of such damages. In no event will OUR maximum liability exceed five hundred ($500.00 USD) dollars.

14. INDEMNITY.
YOU agree to release, indemnify, and hold US, OUR contractors including any relevant TLD registry, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or YOUR use of the Services, including without limitation infringement by YOU, or someone else using the Service with YOUR computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of OUR operating rules or policy relating to the service(s) provided. YOU also agree to release, indemnify and hold US harmless pursuant to the terms and conditions contained in any applicable Dispute Policy. If WE are threatened with such a claim by a third party, WE may seek written assurances from YOU concerning YOUR promise to indemnify US; YOUR failure to provide those assurances will be deemed a breach of this Agreement and may result in deactivation of YOUR domain name.

15. TRANSFER OF OWNERSHIP.
The person named as administrative contact at the time the controlling user name and password are secured is the owner of the domain name. YOU agree that prior to transferring ownership of YOUR domain name to another person (transferee) YOU will require the transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. YOUR domain name will not be transferred until WE receive such written assurance or other reasonable assurance that the transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by US in OUR sole discretion) along with the applicable transfer fee. If the transferee fails to be bound in a reasonable fashion (as determine by US in OUR sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

16. BREACH.
YOU agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by US, may be considered by US to be a material breach and that WE may provide a written notice, describing the breach, to YOU. If within 30 (thirty) calendar days of the date of such notice, YOU fail to provide evidence, which is reasonably satisfactory to US, that YOU have not breached YOUR obligations under the Agreement, then WE may delete the registration or reservation of YOUR domain name. Any such breach by YOU will not be excused simply because WE did not act earlier in response to that, or any other breach by YOU.

17. NO GUARANTY.
YOU agree that, by registration or reservation of YOUR chosen domain name, such registration or reservation does not confer immunity from objection to the registration, reservation, or use of the domain name.

18. DISCLAIMER OF WARRANTIES.
YOU agree that YOUR use of OUR Services is solely at YOUR own risk. YOU agree that such Service(s) is provided on an "as is," "as available" basis. WE expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. WE make no warranty that the Services will meet YOUR requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do WE make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. YOU understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at YOUR own discretion and risk and that YOU will be solely responsible for any damage to YOUR computer system or loss of data that results from the download of such material and/or data. WE make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by YOU from US or through the Service creates any warranty not expressly made herein.

19. INFORMATION.
As part of the registration process, YOU are required to provide US certain information and to update US promptly as such information changes such that OUR records are current, complete and accurate. YOU are obliged to provide US the following information:

i) YOUR name and postal address (or, if different, that of the domain name holder);

ii) The domain name being registered

iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name.

iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name. Any other information that WE request from YOU at registration is voluntary, and is collected so WE can continue to improve the products and services offered to YOU.

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, TL Design & Marketing may make use of the publicly available information YOU provided during the registration process. If You engage in the reselling of domain names You agree to provide any individuals whose personal information YOU've obtained, information about the possible uses of their personal information pursuant to ICANN policy. YOU also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by the CIRA or any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name:

i. the domain or sub-domain name(s) registered by you;

ii. your organization name, type and postal address;

iii. the name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s);

iv. the full hostnames and Internet protocol (IP) addresses of at least two nameserver hosts (one primary and at least one secondary) for your domain or subdomain. Up to six nameservers may be specified. If a host has more than one IP address, use a comma-separated list;

v. the corresponding names of those nameservers;

vi. the original creation date of the registration; and

vii. the expiration date of the registration. We may be required to make this information available in bulk form to third parties. We may also transfer or assign this information to CIRA or such other third party as we may decide, in our sole discretion.

20. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
YOU agree and acknowledge that WE will make domain name registration information YOU provide available to the relevant TLD registry, to the registry administrators, and to other third parties as applicable agreements and laws may require or permit. YOU further agree and acknowledge that WE 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 other purposes as required or permitted by applicable agreements and laws.

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 information by US.

YOU may access YOUR domain name registration information in OUR possession to review, modify or update such information, by accessing OUR domain control panel, or similar service, made available by US.

WE will not process data about any identified or identifiable natural person that WE obtain from YOU in a way incompatible with the purposes and other limitations that WE describe in this Agreement.

WE will take reasonable precautions to protect the information WE obtain from YOU from OUR loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

21. REVOCATION.
YOUR wilful provision of inaccurate or unreliable information, failure to promptly update information provided to US, or to respond for over fifteen calendar days to inquiries by US concerning the accuracy of contact details associated with the YOUR registration shall is a material breach of this Agreement and a basis for cancellation of YOUR domain name registration.

22. RIGHT OF REFUSAL.
WE, in OUR sole discretion, reserve the right to refuse to register or reserve YOUR chosen domain name or register YOU for other Services within 30 (thirty) calendar days from receipt of YOUR payment for such services. In the event WE do not register or reserve YOUR domain name or register YOU for other Services, or WE delete YOUR domain name or other Services within such thirty (30) calendar day period, WE agree to refund YOUR applicable fee(s) paid. YOU agree that WE are not liable to YOU for loss or damages that may result from OUR refusal to register, reserve, or delete YOUR domain name or register YOU for other Services.

23. SEVERABILITY.
YOU agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

24. NON-AGENCY.
Nothing contained in this Agreement or any applicable Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the YOU and US.

25. NON-WAIVER.
OUR failure to require performance by YOU of any provision hereof does not affect the full right to require such performance at any time thereafter; nor does the waiver by US of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

26. NOTICES.
Any notice, direction or other communication given under this Agreement must be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice is deemed given only when the sender has obtained an electronic confirmation of delivery. In the case of e-mail notification to US, e-mail must be sent to domains@tldesign.ca or, in the case of notice to YOU, at the e-mail address provided by YOU in YOUR WHOIS record. Any e-mail communication is validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it is deemed delivered on the next business day. In the case of regular mail notice, valid notice is deemed valid and effective 5 (five) business days after the date of mailing and, in the case of notification to US shall be sent to:

TL Design & Marketing Inc., 2289 Fairview St, Suite 105, Burlington, Ontario L7R 2E3 and in the case of notification to YOU shall be to the address specified in the "Administrative Contact" in YOUR WHOIS record.

27. ENTIRETY.
YOU agree that this Agreement, the rules and policies published by US, and the applicable Dispute Policy, are the complete and exclusive agreement between YOU and US regarding OUR Services. This Agreement and any applicable Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

28. GOVERNING LAW.
This agreement is governed by, interpreted and enforced in accordance with the laws of province of Ontario and the federal laws of Canada without recourse to rules governing choice of laws. Any action relating to this agreement must be brought in Ontario and you irrevocably consent to the jurisdiction of such courts.

29. INFANCY.
YOU attest that YOU are of legal age to enter into this Agreement.

30. ACCEPTANCE OF AGREEMENT.
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of the service and are not relying on any representation, agreement, guarantee or statement other than as set forth in this agreement.

31. PROVISIONS SPECIFIC TO ALL REGISTRATIONS
YOU agree to be bound by the rules, policies, and agreements of each Registry from which YOU purchase a domain registration, which may include, but are not limited to, Top Level Domain Registries and Second Level Domain Registries.

32. 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.

33. 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 the registration agreement.

34. 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 the registration agreement.

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

  1. 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;
  2. submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");
  3. immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
  4. 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.

35. PROVISIONS SPECIFIC TO .WS (WEBSITE) 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.

36. ADDITIONAL REQUIREMENTS FOR .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 or more host computers through the DNS:

  1. To exchange goods, services, or property of any kind;
  2. In the ordinary course of trade or business; or
  3. To facilitate (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:

  1. 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.
  2. The domain name registrant has the authority to enter into the registration agreement; and
  3. 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:

  1. The Uniform Domain Name Dispute Policy;
  2. The Start-up Trademark Opposition Policy ("STOP"); and
  3. 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 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 Web site at least thirty (30) calendar days before it becomes effective. YOU agree that, by maintaining the reservation or registration of YOUR domain name after modifications to the dispute policy become effective, YOU have agreed to these modifications. YOU acknowledge that if YOU do not agree to any such modification, YOU may terminate this Agreement. We will not refund any fees paid by YOU if YOU terminate YOUR Agreement with us.

Domain Name Disputes
YOU agree that, if YOUR use of our domain name registration services is challenged by a third party, YOU will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. YOU agree that in the event a domain name dispute arises with any third party, YOU will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding YOUR use of our domain name registration services, YOU agree not to make any changes to YOUR domain name record without our prior approval. We may not allow YOU to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by YOU and the other party contesting YOUR registration and use of our domain name registration services that the dispute has been settled. Furthermore, YOU agree that if YOU are subject to litigation regarding YOUR registration and use of our domain name registration services, we may deposit control of YOUR domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

Reservation of Rights


TL Design & Marketing Inc. 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 TL Design & Marketing Inc. and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. TL Design & Marketing Inc. 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.

37. 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:

  1. A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or;
  2. An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the district of Columbia, or any of the United States possessions or territories or (ii) 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;
  3. 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 TL Design & Marketing Inc. has 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 domains, that YOU are prohibited from using any profanity in the domain name, pursuant to the .US policy available online. The definition of profanity can be found in the Supreme Court decision, FCC v. Pacifica Foundation, made famous by George Carlin.

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.

38. PROVISIONS SPECIFIC TO .NAME REGISTERED ITEMS

Eligibility Requirements - Dispute Resolution
YOU represent and warrant that the name YOU are registering is YOUR legal, personal name, or that YOU own the intellectual property rights to that name. If at any time it is discovered that it is not YOUR legal personal name, or YOUR intellectual property, the .NAME Registry Operator, Global Name Registry (GNR) and TL Design & Marketing Inc. reserve the right to cancel YOUR registration without refund, or transfer it to another party. In addition to the above YOU agree to be bound by the provisions of the entire Eligibility Requirements Dispute Resolution Policy.

Consent - Defensive Registration
A Defensive Registration is a registration designed for the protection of trademarks and service marks and may be granted to prevent a third party from registering a variation of a trademark or the exact trademark. If the name YOU wish to register is subject to a Defensive Registration, YOU have three options: (i) YOU may register a variation of the name, (ii) YOU may challenge the Defensive Registration under the Eligibility Requirements Dispute Resolution Policy ("ERDRP"), or (iii) YOU may request Consent from the Defensive Registrant. YOU can request Consent by contacting the Defensive Registrant listed in the GNR Whois database and requesting consent to register the .name domain. If the Defensive Registrant grants consent, they must confirm in writing that they grant consent. If the Defensive Registrant does not grant consent, YOU may wish to challenge the Defensive Registration under the ERDRP. The policy is available >online.

Acceptable Use Policy
YOU agree to be bound by GNR’s Acceptable Use Policy. Among other limitations, this policy prohibits YOU from using YOUR .name Email to engage in Spamming activities. YOU will be limited to a maximum of 500 messages sent from YOUR .name at a time.

Waiver of Liability
YOU agree that GNR and TL Design & Marketing Inc. will have no liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, the ability or inability to obtain a domain name or email address registration using these processes; or (ii) any dispute over any domain name or email address registration, including the decision of any dispute resolution proceeding related to any of the foregoing.

Indemnification
YOU agree to indemnify, defend and hold harmless GNR, 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 Item Holder's registration. YOU agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.

39. PROVISIONS SPECIFIC TO .EU REGISTRATIONS

.EU Registration Restrictions
YOU acknowledge and agree that YOU are not permitted to purchase private or proxy .EU registrations. YOU shall register for any and all .EU registrations using YOUR personal information, which information YOU represent and warrant is current, accurate and complete. Further, YOU acknowledge and agree that YOU are not permitted and shall not attempt to register any .EU registrations unless YOU have a physical presence in the European Union.

Compliance with Applicable Law
YOU agree to obey, comply with and be bound by any and all applicable laws, regulations and administrative policies promulgated by the European Registry of Internet Domain Names ("EURID").

Compliance with EURID Rules
YOU agree to obey, comply with and be bound by EURID rules and regulations and any and all updates, revisions and modifications thereto, which may be made by EURID from time to time, including, but not limited to, their dispute policies, which may be found here.

Compliance with EURID Domain Name WHOIS Policy
YOU agree to obey, comply with and be bound by the EURID Domain Name WHOIS Policy and any and all updates, revisions and modifications thereto, which may be made by EURID from time to time, which may be found here.

Jurisdiction
For the adjudication of disputes concerning or arising from use of the registered .EU domain name, YOU agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) YOUR domicile state, (2) the State of Arizona and (3) the United Kingdom.

Sunrise and General Pre-registration Applications
YOU acknowledge and agree that the submitting of a "Sunrise or General Pre-registration Application" does not ensure that a domain name shall be successfully awarded or registered. In the event that an application does not result in a successful registration, the registration fee shall be refunded. In the case of a "Sunrise Application" where an application fee was collected, a portion of that fee shall be refunded after the deduction of a handling fee, which YOU acknowledge and agree is subject to change based on fluctuations in the US Dollar and Euro exchange rates.

.EU Dispute Resolution/ADR
EURID offers an alternative procedure for resolving disputes concerning .EU domain names, which can be found here. When applicable, YOU acknowledge such procedure and agree that YOU shall comply with and abide by its terms and conditions.

40. OTHER COUNTRY CODE TOP LEVEL DOMAINS
YOU represent and warrant that YOU meet the eligibility requirements of each country code top level domain ("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.

41. PROVISIONS SPECIFIC TO .AT REGISTRATIONS

YOU understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry.

42. PROVISIONS SPECIFIC TO .BE REGISTRATIONS

YOU understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry.

43. PROVISIONS SPECIFIC TO .CO.NZ, .NET.NZ, AND .ORG.NZ REGISTRATIONS

YOU understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry.

44. ADDITIONAL REQUIREMENTS FOR .UK ( .ORG.UK , .ME.UK, .CO.UK ) REGISTRATIONS

YOU understand and agree that when YOU register one of these domains, that the minimum term is two years.

45. PROVISIONS SPECIFIC TO .BE 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.

46. PROVISIONS SPECIFIC TO .DE 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 online and are incorporated herein.

.DE Registration Restrictions

YOU represent and warrant that YOU or YOUR administrative contact has a German address, which cannot be a P.O. Box. YOU may not use the names of other top-level domains (e.g. .ARPA, .COM, .EDU, .GOV, .INT, .NET, .NATO, .MIL, .ORG and all country-related TLDs) or German automobile identification numbers as domain names.

.DE Local Presence Service
If YOU do not provide an administrative contact ("Admin-C") with a German address, then YOU shall be subject to the local presence service terms and conditions, which are part of the registration guidelines for this ccTLD. YOU also agree to the following:

  1. TL Design & Marketing Inc. and YOU hereby request and authorize Key-Systems to list an individual designated by Key-Systems as Admin-C for the requested DENIC domain(s). Neither Key-Systems nor the Admin-C are required to monitor the legality of the domain name use including, not limited to, contents and services offered;
  2. TL Design & Marketing Inc. and YOU acknowledge and agree that Key-Systems and/or the Admin-C may, without any liability to YOU or any third-party, take such steps as in the opinion of Key-Systems and/or the Admin-C are necessary in order to (a) limit Key-System's and/or the designated Admin-C's liability related to, directly or indirectly, the DENIC domain(s); (b) comply with any laws, regulations or other legal requirements; and/or (c) address any letter, causes of action, suits, proceeding, complaints, cease and desist orders and demands of any kind or any other inquiry from DENIC or any other third party related to the DENIC domain(s). Such actions may include, but are not limited to, (a) disabling the website pending resolution of the conflict and/or redirecting the DENIC domains to a blank page or placeholder; (b) cancelling the registration of the DENIC domain name(s); (c) ceasing administration of the domain name and placing it in a transit state; (d) removing or replacing the Admin-C from or in the Whois record, (e) redirecting the DENIC domain(s) to an alternate IP address; (f) allowing the registration of the DENIC domain to lapse; (g) transferring the registration to an individual or entity which is awarded the registration through any court proceeding, arbitration, or by DENIC; (h) settling any and all third party, whether threatened or made, arising out of YOUR use of the DENIC domain names; and/or (i) terminating the Local Presence Service. TL Design & Marketing Inc. and YOU undertake to respond in writing to requests by Verisign and/or the Admin-C immediately within time limits set by Key-Systems and/or the Admin-C. Unless a different response deadline is requested in writing by Key-Systems and/or the Admin-C, TL Design & Marketing Inc. and YOU agree to respond in writing to such requests within forty eight (48) hours. Correspondence sent to TL Design & Marketing Inc. or YOU shall be regarded as delivered. Key-Systems or the Admin-C may, at its own discretion, request a security for its expenses which may occur in case a third party alleges that the use of the domain name is an infringement of laws. The amount of security will be determined at the Admin-C discretion in accordance with the Court Costs (GKG) and the Attorney's Remuneration Act (RVG). The security must be paid in cash or guaranteed by a major German bank or savings bank (Sparkasse) within the time limit set by Key-Systems and/or the Admin-C.
  3. TL Design & Marketing Inc. AND YOU ACKNOWLEDGE AND AGREE THAT KEY-SYSTEMS AND THE ADMIN-C SHALL HAVE NO LIABILITY TO YOU, TL Design & Marketing Inc. OR ANY THIRD-PARTY RELATED TO, DIRECTLY OR INDIRECTLY, THE LOCAL PRESENSE SERVICES AND/OR THE EXERCISE OF ANY OF THEIR RIGHTS UNDER THESE LOCAL PRESENSE SERVICES TERMS AND CONDITIONS. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF VERISIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, KEY-SYSTEM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  4. TL Design & Marketing Inc. and YOU agree to release, defend, indemnify and hold harmless Key-Systems, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and the individual designated as Admin-C for the DENIC domain(s), from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable attorneys' fees, arising out of or related in any way to, the Local Presence Services, the DEMINC domain(s), and/or YOUR use of the DEMIN domain(s).

47. .JP REGISTRATION RESTRICTIONS

YOU represent and warrant that YOU have a local presence in Japan with a home or office address. YOU agree that certain domains are reserved and can only be registered by certain parties. These include:

  1. TLDs, other than ccTLDs, as determined by ICANN;
  2. Geographical-type .JP domain names that are defined as metropolitan, prefectural, and municipal labels;
  3. Names of primary and secondary educational organizations
  4. Names of organizations related to Internet management;
  5. Names required for .JP domain name operations; and
  6. Character strings which may be confused with ASCII-converted Japanese domain names.

The complete list of .JP Reserved Domains is available online.

Additional Requirements for .JP Registrants
YOU agree to be bound by any registry rules, policies, and agreements for this ccTLD, which are incorporated herein. YOU must choose from the following list of Japanese Prefecture codes and submit this information with YOUR order. Prefecture codes are defined as follows:

01 HOKKAIDO
13 SAITAMA
25 OSKA
37 TOKUSHIMA

02 AOMORI
14 IBARAKI
26 WAKAYAMA
38 EHIME

03 IWATE
15 TOCHIGI
27 HYOGO
39 KOCHI

04 AKITA
16 GUNMA
28 TOYAMA
40 FUKUOKA

05 YAMAGATA
17 YAMANASHI
29 FUKUI
41 SAGA

06 MIYAGI
18 SHIZUOKA
30 ISHIKAWA
42 NAGASAKI

07 FUKUSHIMA
19 GIFO
31 OKAYAMA
43 KUMAMOTO

08 NIIGATA
20 AICHI
32 SHIMANE
44 OITA

09 NAGANO
21 MIE
33 YAMAGUCHI
45 MIYAZAKI

10 TOKYO
22 KYOTO
34 TOTTORI
46 KAGOSHIMA

11 KANAGAWA
23 SHIGA
35 HIROSHIMA
47 OKINAWA

12 CHIBA
24 NARA
36 KAGAWA

48. PROVISIONS SPECIFIC TO .NZ REGISTRATIONS (.CO.NZ, .ORG.NZ, .NET.NZ)

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 online and are incorporated herein.

If YOU are registering a Second Level Domain under this ccTLD, YOU further agree to be bound by the Second Level Domain's rules, policies, and agreements, which are incorporated and made a part of this Agreement herein.

.NZ Registration Restrictions (.CO.NZ, .ORG.NZ, NET.NZ)
YOU represent and warrant that YOU are an identifiable individual over 18 years of age or a properly constituted organization.

49. PROVISIONS SPECIFIC TO .AT 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.

50. PROVISIONS SPECIFIC TO .UK REGISTRATIONS (.ORG.UK, .ME.UK, .CO.UK)

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 the rules are available here, and are incorporated herein.

If you are registering a Second Level Domain under this ccTLD, YOU further agree to be bound by the Second Level Domain's rules, policies, and agreements, which are incorporated and made a part of this Agreement herein.

51. PROVISIONS SPECIFIC TO .CC 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.

Indemnification
YOU agree to indemnify, defend and hold harmless the .CC 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 expenes arising out of or relating to the Registered Name holders domain name registration.

52. 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.

53. ADDITIONAL REQUIREMENTS FOR .TW REGISTRATIONS

If YOU are registering a .TW domain name YOU also agree to the following:

Compliance with Applicable Law
YOU agree to obey and comply with any and all applicable laws, regulations and administrative policies promulgated by the Taiwan Network Information Center ("TWNIC").

Compliance with TWNIC Rules
YOU agree to obey, comply with and be bound by TWNIC rules and regulations and their any and all updates, revisions and modifications, which may be made by TWNIC from time to time, including but not limited to:

  1. Supervision and Guidance Regulation for Internet Protocol (IP) Address and Domain Name Registration and Management Services here.
  2. Guidelines for Administration of Domain Name Registration here.
  3. Guidelines for Authorization of Domain Name Registration Services here.
  4. TWNIC Domain Name Dispute Resolution Policy here.
  5. Rules for TWNIC Domain Name Dispute Resolution Policy here.

Right to Accept Notice
YOU give TL Design & Marketing Inc. the right to accept written complaints from third parties against false and/or inaccurate Whois data and YOU agree to follow any procedural regulation that may exist between the .TW registry operator, currently NeuLevel Inc. and TL Design & Marketing Inc..

Governing Law
With regards to .TW domain names, the Domain Registration Agreement will be interpreted and governed by the Laws of Taiwan.

Indemnification
YOU agree to indemnify, defend and hold harmless the .TW 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.

.TW Registration Restrictions
YOU acknowledge and agree that YOU are not permitted to purchase private or proxy .TW registrations. YOU shall register for any and all .TW registrations using YOUR personal information, which information YOU represent and warrant is current, accurate and complete.

54. ADDITIONAL REQUIREMENTS FOR .CN REGISTRATIONS

If YOU are registering a .CN domain name YOU also agree to:

Limitations on Registration
YOU may not register or use a domain name that is deemed by China Internet Network Information Center (“CNNIC”) to:

  1. Be against the basic principles prescribed in the Constitution of the Peoples Republic of China (“PRC”);
  2. Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt the state of integrity of the PRC;
  3. Harm national honor and national interests of the PRC;
  4. Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
  5. Violate the PRC’s religion policies or propagate cult and feudal superstition;
  6. Spread rumors, disturb public order or disrupt social stability of the PRC;
  7. Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
  8. Insult, libel against others and infringe other people’s legal rights and interests in the PRC; or
  9. Take any other action prohibited in laws, rules and administrative regulations of the PRC.

Restrictions on Transfer of cnTLD Domain Names
YOU understand that YOU may not transfer to or from a domain registrar that is headquartered or controlled by an entity located inside China.

Jurisdiction
For the adjudication of disputes concerning or arising from use of the registered .cn Domain Name, YOU agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) YOUR domicile state, (2) Arizona, and (3) the People’s Republic of China.

Suspension of Service:
YOU agree that YOUR registration of the .cnTLD domain name shall be subject to suspension, cancellation, or transfer pursuant to any NeuLevel or CNNIC adopted specification or policy.

Compliance with CNNIC Dispute Resolution Policy

YOU agree to obey, comply with and be bound by the CNNIC Dispute Resolution Policy and any and all updates, revisions and modifications, which may be made by CNNIC from time to time. The CNNIC Dispute Resolution Policy may be currently accessed here.

Right to Accept Notice
YOU give TL Design & Marketing Inc. the right to accept written complaints from third parties against false and/or inaccurate Whois data and YOU agree to follow any procedural regulation that may exist between the .CN registry operator, currently NeuLevel Inc. and TL Design & Marketing Inc..

Indemnification
YOU agree to indemnify, defend and hold harmless the .CN 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.

.CN Registration Restrictions
YOU acknowledge and agree that YOU are not permitted to purchase private or proxy .CN registrations. YOU shall register for any and all .CN registrations using YOUR personal information, which information YOU represent and warrant is current, accurate and complete.

55. ADDITIONAL REQUIREMENTS FOR .JOB REGISTRATIONS

If YOU are registering a .JOB domain name YOU also:

  1. Agree to provide information regarding membership in a Human Resource Association, and the identity of any such association;
  2. Agree to provide the URL of YOUR existing company website;
  3. Acknowledge that YOU have read, understood and agree to be bound by the .Job's Registry-Registrant agreement as amended from time to time, located here;
  4. Warrant that YOU meet the eligibility requirements as provided by the Registry and as modified from time to time, and to abide by the JOBS Usage Policy and Terms and Conditions as amended from time to time and stated here;
  5. Agree to abide by the SHRM code of professional ethics as stated here;
  6. Agree to indemnify, defend and hold harmless the Registry Operator and its subcontractors, shareholders, 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. This indemnification obligation shall survive the termination or expiration of this Agreement; and
  7. Further acknowledge and agree that the Registry Operator is an intended third party beneficiary of this Agreement, with a right to enforce the terms and provisions contained herein.

56. PROVISIONS SPECIFIC TO .AG 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.

57. PROVISIONS SPECIFIC TO .AM 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.

58. PROVISIONS SPECIFIC TO .FM 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.

59. PROVISIONS SPECIFIC TO .GS, .MS, .TC AND .VG 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 these ccTLDs, which may be found here.

60. PROVISIONS SPECIFIC TO .NU 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.

61. PROVISIONS SPECIFIC TO .SC 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.

62. PROVISIONS SPECIFIC TO .TK 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.

63. 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 that 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 survive the termination or expiration of the registration agreement;

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 indemnification obligation survive the termination or expiration of the registration 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 TL Design & Marketing Inc. 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 TL Design & Marketing Inc. 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 days notice by Registry Operator to Registrar;

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

64. PROVISIONS SPECIFIC TO .ASIA REGISTRATIONS

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

YOU consent to the use, copying, distribution, publication, modification and other processing of YOUR personal information by DotAsia Organisation Limited and its designees and agents in a manner consistent with the purposes specified pursuant to the Registry-Registrar agreement and with relevant mandatory local data protection laws and privacy.

YOU agree to correct and update the registration information for the domain name immediately during the registration term for the domain name.

YOU agree to comply with those ICANN requirements, standards, policies, procedures and practices for which DotAsia Organisation Limited has monitoring responsibility in accordance with the Registry Agreement or with other arrangements with ICANN.

YOU agree to comply with all the operational standards, policies, procedures and practices for the .ASIA Registry as established from time to time in a non-arbitrary manner by DotAsia Organisation Limited ("Registry Policies"). YOU acknowledge that Registry Policies are applicable to all registrars and domain name registrants. Any changes to the Registry Policies by the DotAsia Organisation Limited that are consistent with the Registry Agreement shall be effective upon thirty (30) days' notice by DotAsia Organisation Limited to Registrar.

YOU agree to be bound by the terms and conditions as set down by DotAsia Organisation Limited during the initial launch and the general operations of the .ASIA TLD, including without limitation its Start-Up Policies where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.

YOU agree to submit to the proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and to proceedings commenced under ICANN's Charter Eligibility Dispute Resolution Policy ("CEDRP").

YOU agree to submit to proceedings commenced under other dispute resolution policies as set forth by DotAsia Organisation Limited from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual rights holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .ASIA Registry.

YOU acknowledge and agree to comply with the .ASIA Charter Eligibility Requirement.

YOU, acting as Registrant Contact, represent and warrant that YOU have made known to the Charter Eligibility Declaration Contact (the "CED Contact"), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the domain name in the event of a dispute or a challenge over YOUR legal entitlement to or the ownership of the domain name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement Policy published from time to time.

YOU, acting as Registrant Contact, agree that it has obtained an agreement from the CED Contact that YOU shall remain the Operating Contact for all operations of the domain name, including but not limited to domain transfer and updates.

YOU agree to indemnify, to the maximum extent permited by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited and its director, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including resonable legal fees and expenses, arising out of or relating to YOUR domain name registration and or use.

Notwithstanding the other provisions in this Agreement, YOU agree that this indemnification obligation shall survive the termination or expiration of this Agreement.

YOU acknowledge and agree that DotAsia Organisation Limited and TL Design & Marketing Inc., acting in consent with DotAsia Organisation Limited, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its sole discretion (i) to protect the integrity, security and stability of the registry; (ii) to comply with all appropriate 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 DotAsia Organisation Limited, as well as its affiliates, subsidiaries, officers, directors, representatives, employees and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by DotAsia Organisation Limited, TL Design & Marketing Inc. or any registrar in connection with a domain name registration. DotAsia Organisation Limited also reserves the right to freeze a domain name such as placing a domain name on hold, lock or other status during the resolution of a dispute.

Notwithstanding anything in the Agreement to the contrary, DotAsia Organisation Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this Agreement. As such, YOU acknowledge and agree that the third party beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third party beneficiary rights under this Agreement in agreeing to TL Design & Marketing Inc. being a registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation Limited shall survive any termination or expiration of this Agreement.

YOU acknowledge and agree that the submitting of a "Sunrise or General Pre-registration Application" does not ensure that a domain name shall be successfully awarded or registered. In the event that an application does not result in a successful registration, the registration fee shall be refunded. In the case of a "Sunrise Application" where an application fee was collected, that fee shall not be refunded.

YOU acknowledge that in the event of conflict between this section of the Agreement and other sections of the same, this section shall prevail.

65. PROVISIONS SPECIFIC TO .ME REGISTRATION

YOU acknowledge and agree to obey, comply and be bound by any and all registry rules, policies and agreements, and any and all updates, revisision 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.


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