INTRODUCTION By submitting an application for registration of a Domain Name, the applicant ("Registrant") offers to enter in this domain name Registration Agreement ("Agreement") with DomainWorld ("REGISTRY MANAGER") for the purpose of the possible registration of a domain name or sub-domain (a "Domain Name") and Domain Name Services for use for a specified time on the Internet. In the event that Registrant's application is accepted by REGISTRY MANAGER, and a Domain Name is registered and assigned to the Registrant through REGISTRY MANAGER, the Registrant shall be bound by the terms and conditions of this Agreement and the .mu Domain Policies, which are incorporated herein by this reference and are enforceable as if written in full in this Agreement. In the event of multiple registrations by the Registrant, whether at the same time or at different times, it is agreed that the occurrence of any event that allows for the termination of Registrant's Domain Name Services for any one Domain Name shall, at the option of REGISTRY MANAGER, allow for the termination of Domain Name Services for all such registrations. Not all Domain Names will be available for registration through this or any other website.
OWNERSHIP OF DATA Registrant agrees that REGISTRY MANAGER owns all database, compilation and collective similar rights, title and interest worldwide in the .mu database and all information and derivative works generated from the .mu database (the ".mu Database"). Registrant further agrees that Registry Manager and/or Registry Manager Affiliates (as defined below) own all information generated or obtained in connection with Registrant's registration of the Domain Name (the "Registrant Information"). Notwithstanding the foregoing, Registry Manager and/or Registry Manager Affiliates (as defined below) do not have any ownership interest in Registrant's IP addresses and the corresponding names of the primary nameserver and an secondary name servers for the Domain Name outside of the rights in the .mu Database.
REGISTRANT INFORMATION Registrant represents and warrants that Registrant is of legal age to enter into this Agreement and has all requisite power and authority to enter into this Agreement and perform Registrant's obligations hereunder. Registrant further represents and warrants that the statements in its application are true. Registrant agrees to keep Registry Manager informed of any changes to such information throughout the term of the Domain Name Services. In the event Registrant breaches this Section 3, Registry Manager shall have the right to immediately, with or without notice, terminate this Agreement and/or cancel, suspend, transfer or modify Registrant's registration of the Domain Name.
CONDITIONS FOR REGISTRATION No application for a Domain Name will be
accepted, and no Domain Name will be registered to the Registrant, unless
each of the following conditions are met:
A. Registrant must provide the Registrant Information required by the Registration Application;
B. Registrant must acknowledge having read and agreed to abide by this Registration Agreement and any policies of the Registry Manager; and
C. The Registrant must have made the appropriate payment for registration of the Domain Name.
The Registrant's offer to register a Domain Name is not effective until accepted by the Registry Manager. Unless provided otherwise by the Registry Manager's policies, notice of such acceptance will be e-mailed to Registrant and will provide Registrant with a password code. ACCEPTANCE IS COMPLETELY WITHIN THE REGISTRY MANAGER'S SOLE DISCRETION AND UNLESS AND UNTIL SUCH ACCEPTANCE OCCURS, REGISTRATION OF THE DOMAIN NAME HAS NOT OCCURRED AND REGISTRANT HAS NO INTEREST IN, OR RIGHT TO, THE DOMAIN NAME. A Domain Name remains available for registration by another party until the requirements set forth above have been satisfied. The Registry Manager reserves the right to revoke a registration for a Domain Name for any reason in the first thirty (30) days after registration and, in such limited circumstances, will refund the registration fee.
TRANSFER OF DOMAIN NAMES
In the event Registrant desires to make a change to the name of the registrant of the Domain Name (a "Transfer"), Registrant agrees that as a condition for any Transfer of any Domain Name, i) Registrant will pay any applicable Transfer Fee, and ii) the person or entity to who the Domain Name will be Transferred (the "Transferee") shall agree in writing to become a party to and be bound by this Agreement. Registrant agrees that if the Transferee fails to become a party to and be bound by this Agreement, any such Transfer shall be null and void, and Registry Manager shall have the right to immediately, with or without prior notice, terminate this Agreement and/or suspend, cancel, transfer or modify the registration of the Domain Name.
LAWFUL USE OF DOMAIN NAME
Registry Manager encourages proper and responsible use of Domain Names by Registrants. However, Registrant is solely responsible for proper use of any particular Domain Name. The Registry Manager cannot and does not review registration applications to determine whether the Registrant is legally entitled to register the requested Domain Name. By submitting a registration application, Registrant warrants that Registrant's registration and use of the Domain Name requested will not violate, infringe upon, or dilute the rights, including trademark and other intellectual property rights, of any third party. Registrant warrants and agrees that Registrant will not register or use the Domain Name in contravention of this Registration Agreement, any policies posted on websites of Registry Manager's Affiliates or the laws of any jurisdiction where the Domain Name is accessible, or for any improper or unlawful purpose.
By registering the Domain Name, Registrant warrants that, to the best of the Registrant's knowledge, the selected Domain Name does not interfere with or infringe upon the rights of any third party in any country. The Registrant also represents that the Domain Name is not being registered for any unlawful purpose, including but not limited to child pornography, child entrapment or abuse, advocacy of hatred, bigotry or violence towards persons or groups on the basis of their religion, race, ethnicity, sexual orientation or other immutable characteristics, theft of e-mail service, or as a source of unsolicited bulk e-mail or as an address to use for replying to unsolicited bulk e-mail. Registry Manager makes no representations or assurances regarding any restraints on registration or use of Domain Names. Registrant should consult competent legal counsel to determine whether the proposed Domain Name may be used for the intended purpose prior to registering any Domain Name with Registry Manager.
No Registrant may sell or otherwise offer subdomains of the Domain Name.
THIRD PARTY INFORMATION
The Registry Manager may permit third party product and service providers ("Third Party Vendors") to advertise their products and services on this Site ("Third Party Products") or have links to their own web sites ("Third Party Sites"), in order to facilitate the provision of Third Party Products. Registrant acknowledges and agrees that at no time is the Registry Manager making any representation or warranty regarding any Third Party Products, nor will the Registry Manager be liable to Registrant or any third party for any claims arising from or in connection with such Third Party Products. You also understand and agree that the Third Party Sites are not under the control of the Registry Manager and the registry Manager is not responsible for the contents of any Third Party Site or any link contained in a Third Party Site, or any changes or updates to such Third Party Sites. The Registry Manager is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Registry Manager is providing these links to Third Party Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by the Registry Manager of the Third Party Site.
FEES, PAYMENTS AND REFUNDS
Registrant agrees to pay the current established registration or renewal fee, as applicable. This fee is non-refundable. The Registry Manager reserves the right to increase or decrease the registration at any time by providing notice at their respective websites, as applicable. The continued use or registration of the Domain Name will indicate agreement to such change. Any such change will not entitle any Registrant to any credit, refund or other adjustment to the registration fee paid or to be paid. Registrant will have the right to renew its registration in accordance with Registry Manager's policies in effect at the end of the Registrant's then current term. In the event of a charge back by a credit card company or a similar action by another payment provider allowed by Registry Manager arising in connection with payment of any registration or renewal fee, Registrant acknowledges and agrees that Registry Manager shall retain all rights to the Domain Name registration, including, without limitation, the right to immediately, with or without notice, terminate this Agreement and/or suspend, cancel, transfer or modify Registrant's Domain Name registration.
DW will require each Registrant to submit a series of words or pass-phrases that will be used to verify the Registrant's identity during changes or alterations to the Registrant's Domain Name Agreement or account data and configuration. REGISTRANTS ARE SOLELY RESPONSIBLE FOR MAINTAINING AN ACCURATE RECORD OF ANY PASSWORDS AND KEY-PHRASES REQUIRED FOR ACCESS TO ANY SERVICES PROVIDED UNDER THE TERMS OF THIS AGREEMENT. REGISTRANT AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS REGISTRY MANAGER AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS REGISTRY MANAGER'S AFFILIATES, RESELLERS, CONSULTANTS, MARKETING AGENTS OR OTHER AGENTS OFREGISTRY MANAGER (COLLECTIVELY HEREINAFTER, "REGISTRY MANAGER AFFILIATES") FOR ANY USE OF REGISTRANT'S PASSWORDS OR KEY-PHRASES.
PROPER USE OF DOMAIN NAMES
Registrant may not register, use, display or exploit a Domain Name which constitutes or involves an illegal activity or violates Registry Manager's Domain Policies as amended from time to time. Registrant agrees that a breach of this paragraph will constitute a material breach of this Agreement and will entitle Registry Manager to terminate the Agreement and the registration of Registrant's Domain Name(s). No portion of the registration fees paid by Registrant shall be refunded. In addition, Registry Manager reserves the right, in its sole discretion, to cancel the registration of any Domain Name within thirty (30) days of its registration. In the case of such cancellation, Registry Manager shall refund to Registrant the registration fees paid, and shall not be liable to Registrant for any loss, damage or other injury caused by Registry Manager's cancellation of Registrant's Domain Name(s).
The Registry Manager reserves the right to refuse or cancel, at any time upon seven (7) days' written notice, the registration of any Domain Name (1) that is determined by the Registry Manager, in its sole discretion, to be offensive or inappropriate, including, but not limited to, sexual and racist names, or (2) the Registry Manager believes, in its sole discretion, may violate the terms and conditions of this Agreement. In the case of such cancellation, the Registry Manager shall refund to Registrant the registration fees paid, and shall not be liable to Registrant for any loss, damage or other injury caused by the Registry Manager's cancellation of the Registrant's Domain Name(s).
USE AND DISCLOSURE OF REGISTRANT INFORMATION
Registrant agrees that Registry Manager may make directly available to third parties, or publicly available, some, or all, of the Registrant Information, for inspection (through our WHOIS service) and other purposes as required or permitted by applicable laws or policies. As a material element of the Domain Name Services, Registrant hereby authorizes Registry Manager to share Registrant Information with third parties, including, but not limited to, Registry Manager Affiliates, and to undertake reasonable communications with and to Registrant, including by electronic mail. Registrant hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Registrant in connection with the registration of the Domain Name(including any updates to such Registrant Information), whether during or after the term of registration of the Domain Name. Registrant hereby irrevocably waives and releases any and all claims and causes of action it may have arising from such disclosure or use of Registrant's Registrant information. Registry Manager and Registry Manager Affiliates will have no liability to Registrant nor any third party with respect to any loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of Registrant Information. Registry Manager may assign such information in total in the event of a sale of all or substantially all of Registry Manager's assets.
Registrant agrees to indemnify, defend and hold harmless Registry Manager, its officers, directors and employees, and Registry Manager Affiliates from and against any losses, liabilities, claims (including claims without legal merit or brought in bad faith), demand, damages, costs or expenses, causes of action, suits, proceedings, judgements, awards, executions and liens, including reasonable attorneys' fees (which attorneys shall be hired by Registry Manager in its sole discretion) and costs brought by third parties against Registry Manager arising from or in connection with this Agreement or the registration f Registrant's Domain Name(s), or claims brought by Registrant in which Registry Manager prevails (collectively, "Claims"). The Claims shall include, without limitation, those based on infringement of intellectual property rights, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation.
The Registry Manager does not provide resolution of disputes or act as an arbitrator between registrants and third parties concerning usage or registration of domain names. The Registrant agrees that the total liability of Registry Manager and/or its employees or any Registry Manager Affiliate related to any Domain Name will not under any circumstance exceed the amount of the domain registration paid to Registry Manager.
LEGALITY OF REGISTRATION OF DOMAIN NAME
Registrant agrees that registration of a Domain Name does not provide any immunity, protection consent or implied consent from objections from third parties the Registrant's use of the Domain Name. Registry Manager does not determine the legality of the Domain Name. Registry Manager does not evaluate or investigate whether registration of the Domain Name or any use of the Domain Name may infringe upon the rights of a third party.
SCOPE, CHANGES AND MODIFICATIONS
The Domain Policies which are, or in the future may be, published at the web site through which the Domain Name was registered and/or the Registry Manager's Internet web site located at http://www.DomainWorld.com. Registrant agrees and acknowledges that Registry Manager may modify this Agreement (including the Domain Policies) at anytime without providing the Registrant notice except by posting notice at such web sites. All future modifications are binding upon the registrant. Registrant agrees to review such Domain Policies at least every thirty (30) days to remain aware of the rules and policies regulating the Domain Name Services. If Registrant does not agree with any such modification, registrant's sole remedy is to terminate this Agreement (thereby canceling Registrant's registration of the Domain Name). Registrant acknowledges and agrees that Registry Manager will not refund any fees paid by Registrant to Registry Manager in the event Registrant terminates this Agreement.
REVOKE , SUSPEND OR TRANSFER
In addition to Registry Manager's other rights herein to modify or terminate this Agreement and the registration of the Registrant's Domain Name, Registrant agrees that Registry Manager has the right, at Registry Manager's sole discretion, to suspend, revoke, transfer or modify the Domain Name Services in the event that Registry Manager receives a properly authenticated order from a court of competent jurisdiction.
DISCLAIMER; LIMITATION ON LIABILITY
REGISTRANT AGREES THAT NEITHER REGISTRY MANAGER NOR ANY REGISTRY MANAGER AFFILIATE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATING TO THE USE, OR THE INABILITY TO USE, THE DOMAIN NAME, OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, OR FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. ADDITIONALLY, NEITHER REGISTRY MANAGER NOR ANY REGISTRY MANAGER AFFILIATE SHALL BE LIABLE FOR LOSSES OR DAMAGES THAT REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN NAME ARISING FROM "HACKING" OR OTHERWISE. FINALLY, NEITHER THE REGISTRY MANAGER NOR ANY REGISTRY MANAGER AFFILIATE SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF PROFITS, THAT REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, THE LOSS OF, OR FAILURE TO STORE OR FORWARD E-MAIL, OR BREACH OF SECURITY, EVEN IF REGISTRY MANTER AND/OR ANY REGISTRY MANAGER AFFILIATE HAD BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF REGISTRY MANAGER AND/OR ANY REGISTRY MANAGER AFFILIATE MAY HAVE FORESEEN SUCH POSSIBLE DAMAGES.
REGISTRANT'S SOLE REMEDY FOR ANY BREACH OF AGREEMENT BY REGISTRY MANAGER OR REGISTRY MANAGER AFFILIATE SHALL BE A REFUND OF THE REGISTRATION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY REGISTRANT ACKNOWLEDGES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM SAID AGREEMENT. REGISTRANT'S SOLE REMEDY FOR ANY NON-CONTRACTUAL ACTION (I.E., IN TORT OR OTHERWISE) SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500.00).
DW shall not be in default of this Agreement nor liable for any delay in performance or failure to perform, in whole or in part, its obligations hereunder, if such delay or failure resulted from acts of God or other occurrences beyond its reasonable control or without its fault or negligence. Such acts or occurrences shall include, but are not limited to, earthquakes, fires, floods, power failures, communications failures, Internet failures, epidemics, strikes, lockouts, war, terrorist activity or government regulations that occur after the effective date of this Agreement. Either party may terminate this Agreement, effective immediately upon notice, if the force majeure event lasts longer than thirty (30) days. Such termination by Registrant shall not entitle Registrant to any refund of fees paid by registrant to Registry Manager.
THE REGISTRATION SERVICES AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SYSTEM INTEGRATION. IN PARTICULAR, BUT WITHOUT LIMITATION, REGISTRY MANAGER AND/OR ANY REGISTRY MANAGER AFFILIATE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
All notices concerning this agreement from Registry Manager shall be in writing, inclusive of E-mail. E-mail notification from Registry Manager to the Registrant shall be sent to the Registrant's E-mail address as provided to Registry Manager in the registration application or thereafter. The Registrant is required to provide at all times now and in the future Registry Manager a current E-mail address. Failure to receive or acknowledge notices sent from Registry Manager to the current E-mail address provided shall be the sole responsibility of the Registrant. It is the sole responsibility of the Registrant to maintain a current E-mail address in order to maintain usage of the Domain Name. In the event that Registrant, for any reason ignores or fails to respond, to a minimum of three E-mails sent no less than 48 hours apart during a 20 business day period Registry Manager has the right to completely revoke the Registrant's Domain Name. Lack of reasonable response (automatic responders are not considered to be reasonable responses) by the Registrant shall be determined to imply the Registrant is no longer interested in the domain name and Registry Manager will revoke the Domain Name.
At anytime, failure of Registry Manager to require the performance by the Registrant shall in now way affect the right of Registry Manager to require the Registrant to perform at any time in the future.
Registrant hereby agrees to participate in a binding arbitration hearing to resolve any and all disputes, claims, or controversies between Registrant and Registry Manager or any Registry Manager Affiliate including, but not limited to, any claims related to the Domain Name, the Domain Name Services provided by Registry Manager, and for breach of this Agreement, which they may arise in the future. The costs of the arbitration, which shall be held in Los Angeles, California USA, shall be shared equally between the parties. Registry Manager and/or any Registry Manager Affiliate may at it's sole election choose to participate in any arbitration hearing via telephone during normal Pacific Standard Time business hours in the USA. Any binding arbitration hearing, if any, shall be in accordance with the rules and procedures of the American Arbitration Association, except that any claim submitted for arbitration shall include a detailed account of the facts and contentions of the party making such claim. The arbitrator of any such arbitration shall only grant remedies that can be granted by the Superior Court of California. The parties understand and acknowledge that any decision rendered or award given by the arbitrator(s) shall be final, conclusive, and binding upon each party and enforceable by judgment in a court of law.
GOVERNING LAW/FORUM SELECTION
This Agreement is and shall be governed by the laws of the State of California, USA applicable to contracts made and performed in the State of California, without regard to California's conflict of laws principles. Registrant hereby consents to the exclusive jurisdiction of the federal or state courts in Los Angeles County, California USA for enforcement of any arbitration awards, and if it is determined that there are any claims or disputes against Registry Manager and/or any Registry Manager Affiliate which are not subject to the mandatory arbitration procedures set forth in paragraph 15 above. Registrant hereby waives any right to object to the venue or jurisdiction based on inconvenient forum or for any other reason and waives all rights, if any, to trial by jury.
This Agreement, together with any Domain Policies posted on the web sites of Registry Manager and/or a Registry Manager Affiliate, constitutes the entire agreement between Registrant on the one hand and Registry Manager and the Registry Manager Affiliate on the other hand, relating to the Registrant's Domain Name(s) and the Domain Name Services provided to Registrant. No prior or contemporaneous written, oral, or electronic representation, negotiation or agreement form a part of this Agreement, and this Agreement supersedes all prior written, oral or electronic agreements between Registrant and Registry Manager and Registry Manager's Affiliates relating to Registrant's Domain Name and the Domain Name Services provided to Registrant. The Registrant agrees that this agreement is immediately valid upon the actual registration date of a Domain Name with Registry Manager.
If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intent of Registrant and Registry Manager in executing this Agreement.
This Agreement constitutes a written agreement between Registrant and Registry Manager even though Registrant's offer underlying this Agreement may be dispatched electronically. A printed version of this Agreement, and any notice given in electronic form related to this Agreement shall be admissible in arbitration or judicial proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
Last modified October 24,2000
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