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.
PASSWORD REQUIREMENT
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.
INDEMNITY
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.
LIABILITY
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.
SOLE REMEDY
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).
FORCE MAJEURE
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.
NO WARRANTY
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.
NOTICES
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.
NON-WAIVER
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.
ARBITRATION
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.
ENTIRETY
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.
SEVERABILITY
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.
WRITTEN 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
Copyright 2000 Domain World. All Rights reserved.