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LATEST DOMAIN STATS:
Total domains registered
worldwide: 99,727,048


WORLD DOMAIN STATS:
(COM)
(NET)
(ORG)
74,537,706
10,626,344
6,189,627
Domain name scammers get sneakier
ZDnet
Oct 29, 2007 1:40 EST
Cerf Stepping Down From ICANN, Keeps Google Role
Online Media Daily
Oct 29, 2007 1:40 EST
Google China debuts shortened domain name
Interfax China
Oct 29, 2007 1:40 EST

This REGISTRANT AGREEMENT (the "Agreement") is entered into by and between SRSplus ("SRSplus") and you regarding your registration of Domain Name(s) ("Domain Name(s)") and/or purchase of services ("Services") provided by SRSplus and offered by or through a registrar partner of ours ("Partner") (collectively, "we" or "us" refers to SRSplus).

This Agreement, the policies of SRSplus ("SRSplus Policies") and the policies of each applicable Domain Name registry ("Registry Policies"), govern your registration and use of the Domain Name(s) and any Services purchased by you, and explain the rights and obligations that exist between us in connection with the Domain Name(s) and the Services. Please carefully read this Agreement, the SRSplus Policies and the Registry Policies and indicate your acceptance of this Agreement by clicking on the appropriate button at the end of the check out page on Partner's site ("CheckOut Page"). In the event Partner does not provide a "click to accept" button, you agree that this Agreement shall still be a binding and enforceable agreement between us.

The following General Terms and Conditions of this Agreement apply to each Domain Name registered and each Service purchased by you. Following these General Terms and Conditions are additional terms and conditions that apply to Domain Names registered in specific top-level domains.

 

 General Terms and Conditions

  1. Binding Agreement and Registration Date. This Agreement is not effective until accepted by SRSplus. SRSplus may accept or reject this Agreement for any reason, in SRSplus's sole discretion, including, but not limited to, rejection due to a request for a prohibited Domain Name. SRSplus will accept this Agreement by registering the Domain Name in your name or confirming your purchase of a Service by e-mail or otherwise. The date on which SRSplus registers the Domain Name in your name or confirms your purchase of the Services to Partner or otherwise is the "Registration Date" and begins your term of registration for that Domain Name or Service.

  2. SRSplus Policies. You agree to be bound by and comply with the SRSplus Policies and the Registry Policies, including amendments and modifications thereto, with respect to the registration, purchase and/or use of Domain Names and Services.

  3. Transfer of the Domain Name.
    1. Change of Registrant. In the event you desire or are required to make any change to the name or identity of the Registrant of the Domain Name (a "Change of Registrant"), you agree to comply with the transfer requirements set forth herein together and with such other transfer requirements as may be mandated by us, Partner or the applicable Domain Name registry ("Registry"). You agree that prior to making a Change of Registrant to another person (the "Transferee") you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. We will not make a Change of Registrant until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the terms of this Agreement, along with any applicable Change of Registrant fee.

    2. Transfer to Another Registrar. In the event you elect to transfer a Domain Name from another registrar to Partner, and the transfer request is approved, you understand that SRSplus will become your Registrar of Record for that Domain Name, although you may only have contact with Partner for customer service matters. You understand and agree that the individual designated as the Administrative Contact provided for the Domain Name, among other applicable parties, shall be deemed to have authority to transfer the Domain Name or otherwise legally bind you with respect to the Domain Name registration. You agree that you will be prohibited from changing your Registrar ("Registrar Transfer") from SRSplus or Partner to another registrar during the first 60 days after the initial registration of the Domain Name. Beginning the 61st day after the initial registration with us, you may request a Registrar Transfer if and as permitted by the applicable Registry and pursuant to the procedures set forth in the SRSplus Policies and such other procedures required by Partner. In the event you transfer your Domain Name away from Partner or us, or should the Domain Name otherwise be transferred to another Registrar, the terms and conditions of this Agreement shall cease and shall be replaced by the new Registrar's contractual terms then in force for Domain Name registration.


  4. Registration Information and Its Use.
    1. Required Information. As part of the process for the registration of Domain Names or purchase of Services, you will be requested to provide certain specified information ("Required Information"). This Required Information includes information contained in the Whois directory, including: (i) your full name and postal address, email, voice telephone number; (ii) the IP addresses and names of the primary nameserver and any secondary nameserver(s) for the Domain Name; (iii) the full names, postal address, email addresses, and voice telephone numbers of the technical, billing and administrative contacts for the Domain Name. In the event you fail to provide or maintain accurate Required Information, or you fail to promptly update Required Information within five (5) calendar days of a request by us (or such other period of time as may be required or permitted by a Registry), we shall have the right to terminate this Agreement and/or cancel, suspend, transfer or modify your registration of the Domain Name and/or Services. You may access your Required Information or information concerning your Domain Name registration to review, modify or update such information, by accessing Partner's Domain Name account or manager service, or by such other method as we or Partner may provide.

    2. Privacy Policy. You understand and agree that we will make the Required Information and Domain Name registration information, including personally identifiable information, available to ICANN, each applicable Registry and such other third parties as ICANN and applicable laws may require or permit. In addition, you agree and understand that the Required Information will be publicly available and accessible through the Whois directory. SRSplus's Privacy Policy sets forth SRSplus's policy regarding SRSplus's use and disclosure of the information collected and maintained by SRSplus. You agree to review Partner's and Registry's web sites for their privacy policies regarding use and disclosure of your information by them. 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 further understand that the Required Information and any other information provided by you in connection with the registration of a Domain Name may be transferred outside the United States and/or European Community, and you expressly consent to such export. 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.

    3. Third Party Information. In the event that you provide any information about a third party ("Third Party Data") in connection with your registration of a Domain Name or purchase of Services, you hereby represent and warrant that you have provided notice to, and have obtained consent from, such third party with regard to: (i) the purposes for which Third Party Data has been collected; (ii) the intended recipients or categories of recipients of Third Party Data; (iii) which parts of Third Party Data are obligatory and which parts, if any, are voluntary; and (iv) how such third party can access Third Party Data. SRSplus is not responsible for any consequences, if any, resulting from your failure to provide notice or receive consent as contemplated herein or your provision of outdated, incomplete or otherwise inaccurate Third Party Data.


  5. Ownership of Data. You agree that SRSplus owns all rights, title and interests worldwide in its database containing information regarding registrants of Domain Names or purchasers of Services (the "Database") and all information and derivative works generated from the Database. You further agree that SRSplus owns all information SRSplus generates or obtains in connection with your registration of the Domain Name or purchase of a Service. Notwithstanding the foregoing, SRSplus does not have any ownership interest in your specific personal information, the IP addresses and the corresponding names of the primary nameserver and any secondary nameservers for the Domain Name(s) outside of its rights in the Database.

  6. Registrant's Representations and Warranties. You represent and warrant that:
    1. you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;

    2. in the event you are registering the Domain Name or purchasing a Service on behalf of a third party, you have the authority to bind that third party as a principal party to all terms and conditions provided herein;

    3. to the best of your knowledge, neither the registration of the Domain Name nor the manner in which you intend to use the Domain Name will directly or indirectly infringe or dilute the legal rights of any third party or violate any applicable law;

    4. SRSplus has not made any representation to you, and you have in no way relied on any representations of SRSplus, as to your legal ability to register or use the Domain Name;

    5. the information submitted by you to Partner or SRSplus is true, accurate and correct, and you shall promptly notify Partner or SRSplus of a change of any information previously submitted to Partner or SRSplus; and

    6. in the event you license the use of the Domain Name registered to you to a third party, you agree that you shall remain the Domain Name holder of record, and shall remain responsible for all obligations under this Agreement.


  7. SRSplus Representations and Warranties. ANY DOMAIN NAME OR SERVICES PROVIDED BY SRSPLUS UNDER THIS AGREEMENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SRSPLUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS REGISTRATION OF DOMAIN NAMES OR PROVISION OF SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT ANY LIMITATION TO THE FOREGOING, SRSPLUS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF THE DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO THE DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME.

  8. Disputes Involving Registrant. You acknowledge that SRSplus does not, and cannot, screen, review, evaluate or investigate your legal right to use the Domain Name. In the event any third party disputes your right to display, exploit, register or otherwise use the Domain Name in any fashion, you shall act in accordance with, and be bound by, SRSplus's Dispute Policy. SRSplus has adopted the Uniform Domain Name Dispute Resolution Policy established by the Internet Corporation for Assigned Names and Numbers ("ICANN") and has also adopted the dispute resolution policies required by individual Registries.

  9. Indemnity. You agree to defend, indemnify, and hold harmless SRSplus and its officers, directors, shareholders, licensors (including each Registry), related companies, employees, agents, and attorneys (collectively, "Related Parties") from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees (which attorneys shall be hired at the sole discretion of SRSplus) and costs brought by third parties against SRSplus and/or its Related Parties arising from or in connection with this Agreement, or your registration or use of the Domain Name or the Services, or claims brought against SRSplus and/or its Related Parties by you in which SRSplus and/or its Related Parties prevail (collectively, the "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.

  10. Disclaimer; Limitation of Liability. SRSPLUS AND ITS RELATED PARTIES DISCLAIM ANY OR ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO, (a) SRSPLUS'S REJECTION OF YOUR APPLICATION TO REGISTER THE DOMAIN NAME OR TO PURCHASE SERVICES; (b) ERRORS RELATED TO PROCESSING OF YOUR APPLICATION TO REGISTER THE DOMAIN NAME OR TO PURCHASE SERVICES; (c) APPLICATION OF THE DISPUTE POLICY; (d) USE OR INABILITY TO USE THE DOMAIN NAME OR THE SERVICES; (e) SUSPENSION, TERMINATION, CANCELLATION OR OTHER LOSS OF YOUR REGISTRATION OF THE DOMAIN NAME OR THE SERVICES, or (f) EVENTS BEYOND SRSPLUS'S REASONABLE CONTROL. UNDER NO CIRCUMSTANCES SHALL SRSPLUS OR ITS RELATED PARTIES BE LIABLE FOR 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 SRSPLUS OR ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SRSPLUS'S MAXIMUM AGGREGATE LIABILITY EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, SRSPLUS'S OR ITS RELATED PARTIES' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
  11. Breach and Revocation.
    1. You agree that we shall have the right to suspend, cancel, transfer or modify your registration of a Domain Name or the Services and/or terminate this Agreement in the event you materially breach this Agreement and do not cure such breach within thirty (30) days of notice by us, except where this Agreement specifically provides otherwise. In the event we suspend, cancel, transfer or modify your registration of a Domain Name or terminate this Agreement pursuant to this section, you agree that SRSplus shall not refund or seek a refund from Partner for any fees previously paid by you.

    2. You agree that we shall have the right to suspend, cancel, transfer or modify your registration of a Domain Name pursuant to any ICANN policy or procedure, pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, or for the resolution of disputes concerning the Domain Name. In the event we suspend, cancel, transfer or modify your registration of the Domain Name or terminate this Agreement pursuant to this section, you agree that SRSplus shall not refund or seek a refund from Partner for any fees previously paid by you.

    3. You agree that we shall have the right to refuse to register or reserve your chosen Domain Name or provide you other Services within thirty (30) days from receipt of your payment. In the event we do not register or reserve your Domain Name or provide you such other Services, or we cancel or delete your Domain Name or other Services within such thirty (30) day period, we agree to use our commercially reasonable efforts to cause Partner to refund to you any applicable fees you have paid.

    4. You agree we shall have the right to suspend, cancel, transfer or modify your registration of a Domain Name or purchase of a Service to correct mistakes by us or the Registry in registering the Domain Name or selling the Services. In the event we cancel or transfer the Domain Name registration or the Services pursuant to this section, we agree to use our commercially reasonable efforts to cause Partner to refund to you any applicable fees you have paid.


  12. Modifications. You acknowledge that the Domain Name system and the practice of registering and administering Domain Names are evolving, and therefore, you agree that we shall have the right, in our sole discretion, to modify the terms and conditions of this Agreement or the SRSplus Policies from time to time. Any modification by us shall be binding and effective immediately upon posting of the modified Agreement or modified SRSplus Policies on our Site, except for modifications to the Dispute Policy, which shall be effective thirty (30) days from posting on the Site. You agree to periodically review our Site to be aware of any such modifications. If you do not agree with any such modification, your sole remedy is to terminate this Agreement (thereby canceling your registration of the Domain Name or Services) by providing us with notice of your intention to terminate this Agreement within thirty (30) days of the effectiveness of such modification. In the event notice is not received within such time period, you will be deemed to have agreed to the modification. Modifications that entitle you to cancel your registration include only such modifications as materially and adversely impact your registration. Notice of your termination shall be effective upon our receipt of such notice. You hereby acknowledge and agree that we will not refund nor seek a refund from Partner for any fees paid by you in the event you terminate pursuant to this section of the Agreement.

  13. Notices. All notices between us which are permitted or required under this Agreement shall be in writing and shall be delivered by personal delivery, courier delivery, electronic mail, facsimile and/or by registered or certified mail, return receipt requested, and shall be deemed given upon delivery, electronic confirmation of e-mail or facsimile transmission, or seven calendars days after deposit in the mail, whichever occurs first. Notices to you shall be delivered to one of the addresses listed in the database for you. Notices to SRSplus shall be delivered to the following address, unless we post a different address at SRSplus's Site, in which case notices to SRSplus shall be delivered to that address: SRSplus, Attention: General Counsel, 10 Universal City Plaza, 10th Floor, Universal City, CA 91608 ; Fax: 818 308-2388; or email: partners@srsplus.com.

  14. Governing Law/Forum Selection. This agreement is 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. You hereby consent to the exclusive jurisdiction of the federal or state courts in Los Angeles County, California, USA for any and all claims or disputes against SRSplus. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason and waive all rights, if any, to a trial by jury.

  15. 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 possible to reflect the original intention of SRSplus and Registrant in executing this Agreement.

  16. No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.

  17. Integration. This Agreement, together with the policies and documents incorporated by reference herein, constitutes the entire agreement between you and us relating to the your registration, purchase and/or use of the Domain Name(s) and the Services and supersedes all prior or contemporaneous agreements with respect thereto, except to the extent specifically set forth in a written agreement signed by you and us.

  18. Written Agreement. This Agreement constitutes a written agreement between SRSplus and you even though it is not physically signed by the parties hereto. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative 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.

 

 Schedule A - .tv Terms and Conditions

The following additional terms and conditions apply to the registration of Domain Names in the .tv top level domain. "We" or "us" refers to SRSplus, and ".tv" or "Registry" refers to The .tv Corporation International which acts as the registry for the .tv top level domain.

INTELLECTUAL PROPERTY LAWS, RIGHTS OF PUBLICITY AND PRIVACY, AND OTHER CONSIDERATIONS MAY LIMIT OR EVEN PROHIBIT CERTAIN USES OF WORDS, LETTERS OR COMBINATIONS THEREOF IN A DOMAIN NAME. .tv MAKES NO REPRESENTATIONS OR ASSURANCES REGARDING ANY RESTRAINTS ON REGISTRATION OR USE OF DOMAIN NAMES. YOU SHOULD CONSULT LEGAL COUNSEL PRIOR TO EXPRESSING INTEREST OR REGISTERING ANY DOMAIN NAME WITH .tv TO DETERMINE WHETHER YOUR PROPOSED DOMAIN NAME MAY BE USED FOR THE INTENDED PURPOSE UNDER APPLICABLE LAW

  1. Registry Policies. You agree to be bound by and comply with the .tv Policies including amendments and modifications thereto, with respect to the registration of Domain Names , including but not limited to the .tv Privacy Policy. The .tv Policies are incorporated into this Agreement by this reference and are enforceable as if written out in full in this Agreement.

  2. Transfer of Domain Names to another Registrar. You understand and agree that .tv does not currently support changes in Registrar.

  3. Ownership of Data. You agree that .tv owns all rights, title and interest worldwide in the database containing information regarding registrants of Domain Names (the ".tv Database") and all information and derivative works generated from the .tv Database. Notwithstanding the foregoing, .tv does not have any ownership interest in your specific personal information, the IP addresses and the corresponding names of the primary nameserver and any secondary nameservers for the Domain Name outside of its rights in the .tv Database.

  4. Use of the Domain Name.
    1. You agree that you will not register, use, display or exploit the Domain Name incontravention or violation of .tv Policies, in contravention of the laws of any jurisdiction where the Domain Name is accessible, or 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.

    2. You will register and use, display and exploit the Domain Name in good faith, and in accordance with international, federal, and state laws and regulations.

    3. You will not use the Domain Name to infringe upon or dilute the trademark, intellectual property or other rights of any third party.

    4. In the event you use the Domain Name other than as set forth above, .tv shall have the right to cancel, suspend, transfer or modify your registration of the Domain Name immediately without prior notice.


  5. Representations and Warranties of Registrant. You represent and warrant that:
    1. you have all requisite power and authority to execute or accept this Agreement and to perform your obligations hereunder;

    2. in the event you are registering the Domain Name on behalf of a third party, you have the authority to bind that third party as a principal party to all terms and conditions provided herein;

    3. to the best of your knowledge, neither the registration of the Domain Name nor the manner in which you intend to use the Domain Name will directly or indirectly infringe or dilute the legal rights of any third party;

    4. you understand that use of the Domain Name may be subject to applicable laws in all jurisdictions in which the Domain Name is used or accessible, including those concerning trademarks and other types of intellectual property;

    5. you understand that it is your obligation to determine whether you have the right to use the Domain Name and to determine whether your use of the Domain Name will infringe upon or dilute the trademark or other rights of any third party;

    6. .tv has not made any representation to you, and you have in no way relied on any representations of .tv , as to your legal ability to register or use the Domain Name;

    7. you understand that use of the Domain Name is subject to all terms and conditions of this Agreement and any .tv Policies that are or may be enacted by .tv ; and

    8. you shall not publicly offer, advertise, or otherwise make available the delegation of subdomains from the Domain Name.


  6. Registry's Representations and Warranties. ANY DOMAIN NAME SERVICES PROVIDED BY REGISTRY UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REGISTRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH ITS REGISTRATION OF .TV DOMAIN NAMES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT ANY LIMITATION TO THE FOREGOING,REGISTRY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF .TV DOMAIN NAMES WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO A DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF A DOMAIN NAME.

  7. Disputes Involving Registrant. You acknowledge that Registry does not, and cannot, screen, review, evaluate or investigate your legal right to use a Domain Name. In the event any third party disputes your right to display, exploit, register or otherwise use a Domain Name in any fashion, you shall act in accordance with, and be bound by, Registry's Dispute Policy. Registry has adopted the Uniform Domain Name Dispute Resolution Policy established by the Internet Corporation for Assigned Names and Numbers ("ICANN"). In accordance with ICANN procedures, Domain Name disputes involving .tv Domain Names are administered by the World Intellectual Property Organization Arbitration and Mediation Center ("WIPO"), among others. For further information regarding dispute resolution procedures, go to http://arbiter.wipo.int/domains.

  8. Indemnity. You agree to defend, indemnify, and hold harmless the Registry and its officers, directors, shareholders, licensors, related companies, employees, agents, and attorneys (collectively, "Related Parties") from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees (which attorneys shall be hired at the sole discretion of the Registry) and costs brought by third parties against the Registry and/or its Related Parties arising from or in connection with your registration or use of .tv Domain Names or the Services, or claims brought against the Registry and/or its Related Parties by you in which the Registry and/or its Related Parties prevail (collectively, the "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.

  9. Disclaimer; Limitation of Liability. THE REGISTRY AND ITS RELATED PARTIES DISCLAIM ANY OR ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO, (A) THE REGISTRY'S REJECTION OF YOUR APPLICATION TO REGISTER .TV DOMAIN NAMES; (B) ERRORS RELATED TO PROCESSING OF YOUR APPLICATION TO REGISTER .TV DOMAIN NAMES; (C) APPLICATION OF THE DISPUTE POLICY; (D) USE OR INABILITY TO USE .TV DOMAIN NAMES; (E) SUSPENSION, TERMINATION, CANCELLATION OR OTHER LOSS OF YOUR REGISTRATION OF .TV DOMAIN NAMES, OR (F) EVENTS BEYOND THE REGISTRY'S REASONABLE CONTROL. UNDER NO CIRCUMSTANCES SHALL REGISTRY OR ITS RELATED PARTIES BE LIABLE FOR 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 REGISTRY OR ITS RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRY'S OR ITS RELATED PARTIES' MAXIMUM AGGREGATE LIABILITY EXCEED US $500. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, REGISTRY'S AND ITS RELATED PARTIES' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

  10. Suspension, cancellation, or transfer of Domain Names. You agree that your registration of any .tv Domain Name(s) shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by SRSplus, the Registry or a third party in registering the Domain Name(s) or (2) for the resolution of disputes concerning the Domain Name. You agree that Registry shall not be liable to you for loss or damages that may result from any such suspension, cancellation or transfer.

  11. Modifications. You acknowledge that the Domain Name system and the practice of registering and administering Domain Names are evolving, and therefore, you agree that Registry shall have the right, in its sole discretion, to modify the terms and conditions of the .tv Policies from time to time. Any modification by Registry shall be binding and effective immediately upon posting of the modified Registry Policies on Registry's Site, except for modifications to the Dispute Policy, which shall be effective thirty (30) days from posting on the Site. You agree to periodically review Registry'sSite to be aware of any such modifications. If you do not agree with any such modification, your sole remedy is to terminate this Agreement (thereby canceling your registration of the Domain Name) by providing Partner with notice of your intention to terminate this Agreement. For clarification, only modifications that materially and adversely impact your registration entitle you to cancel your registration under this Section. You hereby acknowledge and agree that Registry will not refund any fees paid by you to Partner, or SRSplus or Registry in the event you terminate this Agreement. By continuing to use a Domain Name after a modification becomes effective, you agree to abide by and be bound by such modification.

 

 Schedule B - .COM .NET and .ORG Terms and Conditions

The following additional terms and conditions apply to the registration of Domain Names in the .com, .net or .org top level domains. "We" or "us" refers to SRSplus, and "Registry" refers to VeriSign Global Registry Services, Inc. which acts as the registry for the .com, .net and .org top level domains.

  1. Registrant Information. You shall provide accurate and reliable contact details and promptly correct and update them during the term of the registration, as provided in the Agreement. You agree that your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided by you, or your failure to respond for over fifteen (15) calendar days to inquiries concerning the accuracy of contact details associated with your Domain Name Registration shall constitute a material breach of the SRSplus Registrant Agreement and be a basis for cancellation of the registration.

  2. Domain Name Disputes. You agree that in connection with disputes over your Domain Name Registrations:
    1. Jurisdiction. You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where SRSplus is located.

    2. Dispute Policy. You shall comply with the Uniform Domain Name Dispute Resolution Policy identified on ICANN's website, until different policies and procedures are established by ICANN for resolution of 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 Registry's dispute policy in effect at the time of the dispute.

  3. Suspension, cancellation, or transfer of Domain Names. You agree that your registration of the Domain Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by SRSplus or the Registry in registering the name or (2) for the resolution of disputes concerning the Domain Name.

  4. Right of Refusal. You agree and understand that Registry reserves the right to refuse to register or reserve your chosen Domain Name within thirty (30) calendar days from receipt of your payment. In the event Registry does not register or reserve your Domain Name, or Registry deletes your Domain Name within such thirty (30) calendar day period, you agree that Registry shall not be liable to you for loss or damages that may result from its refusal to register, reserve, or delete your Domain Name.

 

 Schedule C- .BIZ Terms and Conditions

The following additional terms and conditions apply to the registration of Domain Names in the .biz top level domain. "We" or "us" refers to SRSplus, and "Registry" or "Registry Operator" refers to Neulevel, Inc., which acts as the registry for the .biz top level domain.

  1. Term. Your right to use each Domain Name registered will commence as of the Registration Date and will continue for a minimum of two (2) years ("Initial Term").

  2. .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.


  3. .biz Representation and Warranty. 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. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html.

    2. The Domain Name registrant has the authority to enter into the registration agreement; and

    3. The registered Domain Name is reasonably related to your business or intended commercial purpose at the time of registration.


  4. .biz Registration Information and Privacy.
    4.1 Provision of Registration Data. As part of the registration process, you are required to provide SRSplus (through Partner) with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the Domain Name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the Domain Name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the Domain Name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Domain Name; and (viii) any remark concerning the registered Domain Name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.

    4.2 Inaccurate or Unreliable Data. You shall provide accurate and reliable contact details and promptly correct and update them during the term of the registration, as provided in the Agreement. You agree that your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over five (5) calendar days to inquiries concerning the accuracy of contact details associated with your Domain Name Registration(s) shall constitute a material breach of this Agreement and be a basis for cancellation of the registration.

    4.3 Privacy. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") may be used in connection with the registration of your Domain Name (s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

  5. .biz Dispute Policy. If you reserved or registered a .biz Domain Name through us, you agree to be bound by the Registry's 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 Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.

    2. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and

    3. The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.

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.

  1. .biz Dispute Policy Modifications. You agree that we or the Registry, in our sole discretion, may modify our dispute policy. We or the Registry will post any such revised policy on our respective Web sites 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 or the Registry will not refund any fees paid by you if you terminate your Agreement with us.

  2. .biz 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.

  3. Reservation of Rights. Registry expressly reserves 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 Registry and its affiliates, subsidiaries, officers, directors and employees. Registry also reserves the right to freeze a Domain Name during resolution of a dispute.

 

 Schedule D - .INFO Terms and Conditions

The following additional terms and conditions apply to the registration of Domain Names in the .info top level domain. "We" or "us" refers to SRSplus, and "Registry" refers to Afilias, Inc. which acts as the registry for the .info top level domain.

  1. Term. Your right to use each Domain Name registered will commence as of the Registration Date and will continue for a minimum of two (2) years ("Initial Term").

  2. Registrant Information. You shall provide accurate and reliable contact details and promptly correct and update them during the term of the registration, as provided in the Agreement. You agree that your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided by you, or your failure to respond for over fifteen (15) calendar days to inquiries concerning the accuracy of contact details associated with your Domain Name Registration shall constitute a material breach of the SRSplus Registrant Agreement and be a basis for cancellation of the registration.

  3. Domain Name Disputes. You agree that in connection with disputes over your Domain Name Registration:
    1. Jurisdiction. You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where SRSplus is located.

    2. Dispute Policy. If you have registered your name during the Sunrise Period, you agree to be bound by the Sunrise Dispute Resolution Policy ("Sunrise Dispute Policy") found at (http://www.afilias.com/faq/sunrise-challenge.html).
      In addition you agree to comply with the Uniform Domain Name Dispute Resolution Policy identified on ICANN's website (www.icann.org/general/consensus-policies.htm), until different policies and procedures are established by us, the Registry or ICANN for resolution of 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.


  4. Suspension, cancellation, or transfer of Domain Names. You agree that your registration of the Domain Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by SRSplus, the Registry or a third party in registering the name or (2) for the resolution of disputes concerning the Domain Name.

  5. Right of Refusal. You agree and understand that the Registry reserves the right to refuse to register or reserve your chosen Domain Name within thirty (30) calendar days from receipt of your payment. In the event the Registry does not register or reserve your Domain Name, or it deletes your Domain Name within such thirty (30) calendar day period, you agree that the Registry shall not be liable to you for loss or damages that may result from the refusal to register, reserve, or delete your Domain Name.

 

 Schedule E - .Name Terms and Conditions

We provide registration services for .name Domain Names through an agreement with the .name Registry, Global Name Registry Ltd. (the "Registry"). By electing to offer .name Domain Names for registration, you agree: (a) that you shall review and abide by the Registry's policies as they may be published from time to time on the Registry's website, currently located at www.gnr.com, ("Registry Policies") and (b) that we have the right to modify our respective obligations hereunder in order to comply with the Registry's Policies, and that you shall abide by such modifications or terminate this Agreement in accordance with the terms hereof.

The following terms and conditions apply to your provision of registration services for .name Domain Names:

  1. SRSplus Registrant Agreement. You shall provide Registrants with a means for reviewing and accepting the SRSplus Registrant Agreement prior to registering a .name Domain Name.

  2. Application and Registration Restrictions.


    1. Landrush. You understand that prior to open Domain Name Registration, there will be a pre-registration or "land rush" period for .name Domain Names ("Landrush period"). During the .name Landrush period, you may submit applications to register .name Domain Names on behalf of your customers (each, an "Application"). The Landrush period is currently projected to last until second quarter 2002 and is open to all applicants; however, you agree to inform each of your customers that no Application is guaranteed of a successful registration, as registration will be determined in a process designed by the Registry. You further agree to inform each of your customers if an Application results in a successful or unsuccessful registration. You may only submit one Application for the same name. Other parties may submit applications for the same name through other registrars, but the Registry will register ultimately only one. For Applications submitted during the Landrush period, the Registry will process the Applications, allocate the corresponding Domain Names, and confirm or deny registration thereafter. You are encouraged to review the Registry web site for further information should you elect to participate in the .name Landrush. Following the Landrush period, Domain Names will be registered on a first-come, first-served basis.

    2. Format. A .name Domain Name must be of the format "firstname.lastname.name" or "lastname.firstname.name". Other restrictions may be found at the URL http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.

    3. Corresponding Services. Upon successful registration of a .name Domain Name, the identical corresponding service will be reserved by the Registry until the Domain Name registration expires or until the corresponding service is registered. For a Domain Name, the corresponding service is the email address where the email user name = third level Domain Name and second level Domain Names are identical. For an email address, the corresponding service is the Domain Name where the email user name = third level Domain Name and second level domains are identical. (See Section 3 below.)

    4. NameWatch Service. We will not be participating in the .name NameWatch service as described on the Registry's website.

    5. Defensive Registrations. We will not be participating in the .name defensive registration process as described on the Registry's website.

    6. Eligibility Requirements. You shall require that Applications for Domain Names and Email Addresses in the .name TLD constitute an individual's "Personal Name", meet the eligibility requirements set forth by ICANN and/or the Registry ("Eligibility Requirements"), and otherwise comply with the .name Registration Terms and Conditions as set forth in the SRSplus Registrant Agreement. For purposes of the .name registration Eligibility Requirements, a "Personal Name" shall mean a person's legal name or a name by which the person is commonly known. A "name by which the person is commonly known "includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor. The following categories of .name Domain Names may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character. (Any person or entity can register the Personal Name of a fictional character if that person or entity has trademark or service mark rights in that character's Personal Name) and (iii) Personal Name, as defined above, with additional numeric characters that may be added to the beginning or the end of a .name Domain Name so as to differentiate it from other .name Domain Names. Further description of the Eligibility Requirements for registering a .name Domain Name are available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm. In addition to the Eligibility Requirements, certain names and combinations are not registerable according to ICANN/Registry restrictions.


  3. Email Addresses. At such time as electronic mail forwarding is included as a part of our .name Service either on its own ("Email Forwarding"), or in combination with a .name Domain Name ("Dual Registration"), you may apply for .name Email Forwarding accounts on behalf of your customers (e.g., firstname@lastname.name). Applications for .name Email Forwarding accounts will be subject to all of the restrictions applicable to .name Domain Names set forth herein and on the Registry's website. Your customers' use of Email Forwarding will be subject to all applicable legislation, and all use restrictions implemented by either the Registry or us, including measures against the transmission of bulk unsolicited email ("spam"), and all of the restrictions set forth herein and on the Registry's website. At such time as Email Forwarding is offered, you understand and agree that Registry and/or we (a) may delete material that we determines to constitute a misuse of Email Forwarding, (b) may block your customer's access to Email Forwarding, or suspend or cancel your customer's Email Forwarding address registration if your customer uses Email Forwarding in a way that contravenes this Agreement or the Registry's policies, and (c) reserve the right to implement additional anti-email abuse measures. The Registry further reserves the right to immediately discontinue Email Forwarding without notice if the technical stability of Email Forwarding is threatened in any way, or if the customer is in breach of the SRSplus Registrant Agreement. On discontinuing Email Forwarding, neither we nor the Registry shall be obliged to store any contents or to forward unsent email to you or a third party.

  4. Domain Name Application Fees. You may submit .name Applications on behalf of your customers during the Landrush period through May 20, 2002, or another date as may be specified by the .name Registry. You shall inform your customers that submission of a .name Application is no guarantee of a successful registration of the requested Domain Name or Email Forwarding account. For each .name Application submitted by you, your Registration Fund shall be immediately debited a US $7.75 fee per .name Application per Domain Name registration year. In the event a .name Application submitted by you is not successful, your Registration Fund will be credited the Application fee.

  5. Registration Fees. Upon the end of the Landrush period and initiation of the Live Shared Registration System ("Live Registry period"), for each .name Domain Name or Email Forwarding account registration year registered or renewed by you on behalf of your customers in each month of the Term, your Registration Fund shall be debited by the applicable Base Registration Fee in U.S. Dollars as set forth below for such registration. After determining the volume of .name Domain Names you registered (excluding renewals) in a calendar month, your Registration Fund shall be credited by such amount as is required to give effect to the reduced effective Registration Fees you have earned for such month as a result of your registration volume of .name Domain Names. We will use our commercially reasonable efforts to credit (as applicable) your Registration Fund within ten (10) days of the end of each month based on the volume of .name Domain Names you registered in such month. Any payments made by you shall be made without any deduction or withholding on account of any tax, duty, charge or penalty except as required by law, in which case the sum payable by you shall be increased to the extent necessary to ensure that, after making such deduction or withholding, we receive and retain (free from any liability in respect thereof) a net sum equal to the sum we would have received but for such deduction or withholding being required.

    Base Registration Fee for .name Domain Names

    Monthly Volume of New .tv Registrations Annual .name Registration Fees per
    Domain Name
    0 - 24
    (Base Registration Fee)
    US $7.75
    25 - 249 US $6.75
    > 250 US $5.75
    ** Pricing for Live Registry Note: SRSplus will not be initially offering Email or Dual Registrations. We will inform you when these services are available for registration. Please see our .name FAQs for more details.

  6. Term of Domain Name Registration. The initial registration period for a .name Domain Name and Email Address shall be for one (1), two (2), or ten (10) years, and each subsequent renewal period for a Domain Name Registration shall be for between one (1) year and ten (10) years, subject to the then-current Registry or SRSplus policies.

 



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