.INFO Registration Agreement
AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your" refers to the registrant of each domain
name registration, "we", "us" and "our" refers to Web2win, "Registry
Operator" refers to Afilias Ltd. and "Services" refers to the domain
name registration provided by us. This Agreement explains our
obligations to you, and explains your obligations to us for various
Services. If you are registering your name during the finite period of
time when owners of trademarks and service marks issued prior to
October 2, 2000 and having national effect will have the exclusive
opportunity to register identical domain names (“Sunrise Period”), you
agree to comply with the procedures, terms and obligations. You
acknowledge and agree that registrations for domain names during the
Sunrise Period will only be accepted for a minimum registration term
of five (5) years.
SELECTION OF A DOMAIN NAME. You represent that, to the best of
the your knowledge and belief, neither this registration of a domain
name nor the manner in which it is directly or indirectly to be used
infringes upon the legal rights of a third party and, further, that
the domain name is not being registered for nor shall it at any time
whatsoever be used for any unlawful purpose whatsoever.
FEES. As consideration for the Services you have selected, you
agree to pay the applicable service fees. All fees payable hereunder
are non-refundable. As further consideration for the Services, you
agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process and (2)
maintain and update this information as needed to keep it current,
complete and accurate. All such information shall be referred to as
account information ("Account Information"). By submitting this
Agreement, you represent that the statements in your Application are
true, complete and accurate.
TERM. This Agreement shall remain in full force during the
length of the term of your domain name registration(s) as selected,
recorded, and paid for upon registration of the domain name. Should
you choose to renew or otherwise lengthen the term of your domain name
registration, then the term of this Registration Agreement shall be
extended accordingly. Should the domain name be transferred to another
Registrar, the terms and conditions of this contract shall cease.
MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise
the terms and conditions of this Agreement; and (2) change the
services provided under this Agreement. You agree to be bound by any
such revision or change will which shall be effective immediately upon
posting on our website or upon notification to you by e-mail or your
country's postal service pursuant to the Notices section of this
Agreement. You agree to review this Agreement as posted on our website
periodically to maintain an awareness of any and all such revisions.
If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with notice by
e-mail or postal service pursuant to the Notices section of this
Agreement. Notice of your termination shall be effective after
processing by us. You agree that, by continuing the use of Services
following notice of any revision to this Agreement or change in
service(s), you shall be bound by any such revisions and changes. All
domain names registered under the Sunrise terms and conditions remain
bound to the Sunrise Challenge Resolution Policy ("Sunrise Challenge
Policy") found at http://www.afilias.com/register/dispute_resolution/sunrise_challenge_policy.
You further agree to be bound by the ICANN Uniform Dispute Resolution
Policy ("Dispute Policy") as presently written and posted on http://www.icann.org/udrp/udrp-policy-24oct99.htm
and as shall be amended from time to time. You acknowledge that if you
do not agree to any such modifications, you may request that your
domain name be deleted from the domain name database.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use your Account Identifier and
Password that you selected when you opened your account with us. You
agree to safeguard your Account Identifier and Password from any
unauthorized use. In no event shall we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
DOMAIN NAME DISPUTE POLICY. If you reserved or registered a
domain name through us, or transferred a domain name to us from
another registrar, you agree to be bound by the Dispute Policies that
are incorporated herein and made a part of this Agreement by
reference. The current version of the general registration Dispute
Policy may be found at http://www.opensrs.org/legal/udrp.shtml. Please
take the time to familiarize yourself with this policy.
DOMAIN NAME DISPUTES. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you
will be subject to the provisions specified in the Sunrise Challenge
Policy or the Dispute Policy, as applicable. 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
contained in the Sunrise Challenge Policy or Dispute Policy, as
applicable. You agree that neither Web2win nor the Registry Operator
will have any liability of any kind for any loss or liability
resulting from the proceedings and processes relating to the Sunrise
Period or the Land Rush Period, including, without limitation: (a) the
ability or inability of a registrant to obtain a particular domain
name registration, and (b) the results of any dispute regarding a
domain name.
POLICY. You agree that your registration of the domain name
shall be subject to suspension, cancellation, or transfer pursuant to
a Web2win, Registry Operator, ICANN or government-adopted policy, or
pursuant to any registrar or registry procedure not inconsistent with
a Web2win, Registry Operator, ICANN or government-adopted policy, (1)
to correct mistakes by us or the Registry in registering the name or
(2) for the resolution of disputes concerning the domain name.
AGENCY. Should you intend to license use of a domain name to a
third party you shall nonetheless be the domain name holder of record
and are therefore responsible for providing your own full contact
information and for providing and updating accurate technical and
administrative contact information adequate to facilitate timely
resolution of any problems that arise in connection with the domain
name. You shall accept liability for harm caused by wrongful use of
the domain name. You represent that you have provided notice of the
terms and conditions in this Agreement to a third party licensee and
that the third party agrees to the terms hereof.
ANNOUNCEMENTS. We reserve the right to distribute information
to you that is pertinent to the quality or operation of our services
and those of our service partners. These announcements will be
predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security
or to enhance your identity on the Internet.
LIMITATION OF LIABILITY. You agree that our entire liability,
and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s). Neither we nor our
contractors or third party beneficiaries shall be liable for any
direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the Services or for
the cost of procurement of substitute services. Because some
jurisdictions do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such jurisdictions, our
liability is limited to the extent permitted by law. We disclaim any
and all loss or liability resulting from, but not limited to: (1) loss
or liability resulting from access delays or access interruptions; (2)
loss or liability resulting from data non-delivery or data
miss-delivery; (3) loss or liability resulting from acts of God; (4)
loss or liability resulting from the unauthorized use or misuse of
your account identifier or password; (5) loss or liability resulting
from errors, omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You agree that we
will not be liable for any loss of registration and use of your domain
name, or for interruption of business, or any indirect, special,
incidental, or consequential damages of any kind (including lost
profits) regardless of the form of action whether in contract, tort
(including negligence), or otherwise, even if we have been advised of
the possibility of such damages. In no event shall our maximum
liability exceed five hundred ($500.00) dollars.
INDEMNITY. You agree to release, indemnify, and hold us and the
Registry Operator, and their/our contractors, agents, employees,
officers, directors, affiliates harmless from all liabilities, claims
and expenses, including attorney's fees, of third parties relating to
or arising under this Agreement, the Services provided hereunder or
your use of the Services, including without limitation infringement by
you, or someone else using the Service of any intellectual property or
other proprietary right of any person or entity, or from the violation
of any of our operating rules or policy relating to the Service(s)
provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy.
When we are threatened with suit by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your
failure to provide those assurances shall be a breach of your
Agreement and may result in deactivation of your domain name. This
indemnification obligation will survive the termination or expiration
of this Agreement.
TRANSFER OF OWNERSHIP. The person named as registrant on the
WHOIS shall be the registered name holder. The person named as
administrative contact at the time the controlling user name and
password are secured shall be deemed the designate of the registrant
with the authority to manage the domain name. You agree that prior to
transferring ownership of your domain name 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. Your
domain name will not be transferred until we receive such written
assurances or other reasonable assurance that the Transferee has been
bound by the contractual terms of this Agreement (such reasonable
assurance as determined by us in our sole discretion) along with the
applicable transfer fee. If the Transferee fails to be bound in a
reasonable fashion (as determine by us in our sole discretion) to the
terms and conditions in this Agreement, any such transfer will be null
and void. You acknowledge that you will not be entitled to change
registrars during the first sixty (60) days following the registration
of your domain name.
BREACH. You agree that failure to abide by any provision of
this Agreement, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach and
that we may provide a written notice, describing the breach, to you.
If within fifteen (15) calendar days of the date of such notice, you
fail to provide evidence, which is reasonably satisfactory to us, that
you have not breached your obligations under the Agreement, then we
may delete the registration or reservation of your domain name. Any
such breach by you shall not be deemed to be excused simply because we
did not act earlier in response to that, or any other breach by you.
NO GUARANTY. You acknowledge that registration or reservation
of your chosen domain name does not confer immunity from objection to
either the registration, reservation, or use of the domain name.
DISCLAIMER OF WARRANTIES. You agree that your use of our
Services is solely at your own risk. You agree that such Service(s) is
provided on an "as is", "as available" basis. We expressly disclaim
all warranties of any kind, whether express or implied, including but
not limited to the implied warranties of merchantability, fitness for
a particular purpose and non-infringement. We make no warranty that
the Services will meet your requirements, or that the Service(s) will
be uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information
obtained through the Service or that defects in the Service will be
corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at
your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results
from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the
Service or any transactions entered into through the Service. No
advice or information, whether oral or written, obtained by you from
us or through the Service shall create any warranty not expressly made
herein.
INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us promptly
as such information changes such that our records are current,
complete and accurate. You are obliged to provide us the following
information:
-
Your name and postal address (or, if different,
that of the domain name holder);
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The domain name being registered;
-
The name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the administrative
contact for the domain name;
-
The name, postal address, e-mail address, and
voice and fax (if available) telephone numbers of the billing
contact for the domain name.
Any other information, which we request from you at
registration, is voluntary. Any voluntary information we request is
collected for the purpose of improving the products and services
offered to you.
DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, and to
other third parties as applicable. You further agree and acknowledge
that we may make publicly available, or directly available to third
party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through
our WHOIS service) or other purposes as required or permitted by ICANN
and applicable laws.
You hereby consent to any and all such disclosures and use of
information provided by you in connection with the registration of a
domain name (including any updates to such information), whether
during or after the term of your registration of the domain name. You
hereby irrevocably waive any and all claims and causes of action you
may have arising from such disclosure or use of your domain name
registration information by us.
You may access your domain name registration information in our
possession to review, modify or update such information, by accessing
our domain manager service, or similar service, made available by us.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we
obtain from you from our loss, misuse, unauthorized accessor
disclosure, alteration or destruction of that information.
REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed
to the email address of the registrant, the administrative, billing or
technical contact appearing in the “Whois” directory with respect to a
domain name concerning the accuracy of contact details associated with
the registration shall constitute a material breach of this Agreement
and be a basis for cancellation of the domain name registration. Any
information collected by us concerning an identified or identifiable
natural person (“Personal Data”) will 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 an
ICANN/Registry Operator policy.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right
to refuse to register or reserve your chosen domain name or register
you for other Services. In the event we do not register or reserve
your domain name or register you for other Services, or we delete your
domain name or other Services within such thirty (30) calendar day
period, we agree to refund your applicable fee(s). You agree that we
shall not be liable to you for loss or damages that may result from
our refusal to register, reserve, or delete your domain name or
register you for other Services.
We reserve the right to delete or transfer your domain name
registration if we believe the registration has been made possible by
a mistake, made either by us or by a third party. Web2win and/or the
Registry Operator reserve the right to deny, cancel or transfer any
registration that it deems necessary, in its discretion, to protect
the integrity and stability of the registry, to comply with any
applicable laws, government rules or regulations, requests of law
enforcement, in compliance with any dispute resolution process, to
avoid any liability, criminal or civil, on the part of Web2win and/or
the Registry Operator as well as their affiliates, subsidiaries,
officers, directors, and employees. We also reserve the right to
suspend a domain name during resolution of any dispute.
SEVERABILITY. You agree that the terms of this Agreement are
severable. If any term or provision is declared invalid or
unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will
remain in full force and effect.
NON-AGENCY. Nothing contained in this Agreement or the Dispute
Policies shall be construed as creating any agency, partnership, or
other form of joint enterprise between the parties.
NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us of a
breach of any provision hereof be taken or held to be a waiver of the
provision itself.
NOTICES. Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending it via
e-mail or via regular mail. In the case of e-mail, valid notice shall
only have been deemed to be given when an electronic confirmation of
delivery has been obtained by the sender. In the case of e-mail
notification to us to info@web2win.net, in the case of notice to you,
at the e-mail address provided by you in your WHOIS record. Any e-mail
communication shall be deemed to have been validly and effectively
given on the date of such communication, if such date is a business
day and such delivery was made prior to 5:00 p.m. PST, otherwise it
will be deemed to have been delivered on the next business day. In the
case of regular mail notice, valid notice shall be deemed to have been
validly and effectively given 5 business days after the date of
mailing and, in the case of notification to us shall be sent to:
Web 2 Win
No.25, First Floor, Anna Nagar Plaza,
C 47, IInd Avenue Anna Nagar, Chennai 600040.
India.
and in the case of notification to you shall be to the address
specified in the "Administrative Contact" in your WHOIS record.
ENTIRETY. You agree that this Agreement, the rules and policies
published by web2win, ICANN and/or the Registry Operator and the
Dispute Policy are the complete and exclusive agreement between you
and us regarding our Services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF
BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN
WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION
RELATING TO THIS AGREEMENT MUST BE BROUGHT IN BRITISH COLUMBIA AND YOU
IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
INFANCY. You attest that you are of legal age to enter into
this Agreement.
FORCE MAJEURE. You acknowledge and agree that neither we nor
the Registry shall be responsible for any failures or delays in
performing our respective obligations hereunder arising from any cause
beyond our reasonable control, including but not limited to, acts of
God, acts of civil or military authority, fires, wars, riots,
earthquakes, storms, typhoons and floods.
FOREIGN LANGUAGE: Controlling Language. In the event that you
are reading this agreement in a language other than the English
language, you acknowledge and agree that the English language version
hereof shall prevail in case of inconsistency or contradiction in
interpretation or translation.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT
RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER
THAN AS SET FORTH IN THIS AGREEMENT.