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Application and Registration Agreement
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for Assignment of Second Level Domain Name in a generic Top Level Domain
G+D International LLC (“G+D:) submits your domain registration request
to our partner Aktiv GmbH (“Aktiv”), member of the Internet Council of
Registrars (“CORE”), to facilitate a domain name registration on your behalf.
By submitting the application form, you acknowledge that you have read
and agree to the following Registration Agreement as well as the Domain
Name Dispute Policy, both of which are part of the application.
REGISTRATION AGREEMENT
This Registration Agreement ("Agreement") sets forth the terms
and conditions of your use of CORE, Aktiv and G+D to register a domain
name on the Internet. To complete the registration process, you must read
and agree to be bound by all terms and conditions of this Agreement,
the accompanying fee schedule and dispute policy, and any rules or policies
that are or may be published by CORE, Aktiv and G+D. This Agreement will
become effective if accepted by
CORE, Aktiv and G+D. CORE is an accredited registrar with the
Internet Corporation for Assigned Names and Numbers ("ICANN")
under an agreement between CORE and ICANN ("ICANN Agreement"). Aktiv
is a member of CORE, authorized to facilitate domain name registrations
under an agreement between Aktiv and CORE. G+D is a partner of Aktiv under
an agreement between Aktiv and G+D. You acknowledge that CORE, Aktiv and/or
G+D may modify this Agreement if necessary to comply with its respective
Agreements, or otherwise.
1. Fees
As consideration for the domain name registration services
provided by CORE and Aktiv, the CORE member through which your application
is processed shall pay all applicable initial registration fees
and renewal fees.
As consideration for the domain name registration services provided
by Aktiv and G+D, you agree to pay the current initial registration fees
and renewal fees according to the fee schedule which is incorporated into
this Agreement by reference. The fee schedule can be found at http://www.Express-Registration.com/service/domainprice_us.html
Payments must be made by credit card as specified on the application
form. Your domain name will not be registered unless and until G+D has
received appropriate authorization from your credit card company.
You will be notified when renewals are due, and it shall be your responsibility
to ensure that such fees are paid. Should these fees go unpaid by
the time specified in the renewal notice, your registration will
be cancelled. You agree that CORE, Aktiv and G+D shall have
no liability whatsoever with respect to any such cancellation.
If at anytime fees or other charges payable to the applicable registry
or to any other regulatory body for a domain name registered by Aktiv and
G+D on your behalf, shall increase, or any additional fee, tax or charge
shall become due and payable to any third party related to a domain name
registered by Aktiv and G+D on your behalf, fees payable by you to Aktiv
and G+D under this Agreement will increase by such amount. All fees are
non-refundable.
2. Dispute Policy
You agree to be bound by the current CORE Domain Name Dispute
Policy ("Dispute Policy") which is incorporated into this
Agreement by reference. The Dispute Policy can be found at
http://www.icann.org/udrp/udrp.htm. Any disputes regarding the
right to use your domain name will be subject to the Dispute
Policy. CORE may modify the Dispute Policy in its sole discretion
at any time. Your continued registration of your domain name
after modification to the Dispute Policy becomes effective
constitutes your acceptance of those modifications. If you do not
agree to such a modification, you may request that your domain
name be deleted.
You agree that you will be subject to the provisions specified in
the Dispute Policy in effect at the time your domain name is
challenged by a third party. You also agree that in the event a
domain name dispute arises with any third party, you will
indemnify and hold CORE, Aktiv and G+D harmless pursuant to the
terms and conditions contained in the Dispute Policy.
3. Use of Your Information
As part of the registration process, you are required to provide
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 nameservers 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 zone contact for the domain name; and (viii) any remark
concerning the registered domain name that should appear in the
Whois data.
You acknowledge that willfully providing inaccurate information
or willfully failing to update information promptly will
constitute a material breach of this Agreement and will be a
basis for cancellation of your domain name. If you license use
of a domain name to a third party, you are nonetheless the holder
of record of the domain name and are responsible for providing
your own full contact information and for providing and updating
accurate technical, administrative, and zone contact information.
You acknowledge that CORE will make some of the information that
you provide during the registration process publicly available as
required by ICANN. Additionally, you acknowledge that ICANN may impose
guidelines, limits and/or requirements that relate to the
amount and type of information that CORE may or must make
available to the public or to private entities. CORE will not
otherwise disclose your information to any third party unless it
is required to maintain your domain name. You may request a copy
of your information in CORE's possession to review, modify or
update such information.
4. Use Policies
CORE reserves the right to suspend or cancel your domain name in
the event that you use the domain name to send unsolicited
commercial advertisements in contradiction to either applicable
laws or customary acceptable usage policies of the Internet, or
if you use your domain name in connection with unlawful activity.
5. Agents and Licenses
You agree that, if your domain name is registered on your behalf
by anyone acting as your agent (e.g., an Internet Service
Provider, employee, etc.), you are nonetheless bound as a
principal by all terms and conditions provided herein, including
the Dispute Policy.
You agree that if you license the use of your domain name to a
third party, you re-main the domain name holder, and remain
responsible for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT CORE, AKTIV AND G+D WILL NOT BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS
OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF
YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO CORE'S,
AKTIV`S AND/OR G+D`S REGISTRATION SYSTEM; (d) THE NON-DELIVERY
OR MISDELIVERY OF DATA BETWEEN YOU AND CORE, AKTIV AND/OR G+D; (e)
EVENTS BEYOND CORE'S, AKTIV`S AND G+D`S REASONABLE CONTROL;
(f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY
MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h)
THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE
APPLICATION OF THE DISPUTE POLICY. FURTHER, CORE, AKTIV AND G+D WILL
NOT 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 CORE, AKTIV AND/OR G+D HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CORE'S,
AKTIV`S AND G+D`S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY
YOU TO CORE FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS
UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO
THE EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend, indemnify and hold harmless CORE, Aktiv
and G+D and any applicable domain name registry, including Network
Solutions, Inc., and the directors, officers, employees and agents
of each of them, for any loss, damages or costs, including reasonable
attorneys' fees, resulting from any third party claim, action, or
demand related to your domain name or the use thereof. This
indemnification is in addition to any indemnification required
under the Dispute Policy.
8. Representations and Warranties
You represent and warrant that all information provided by you in
connection with your registration is complete and accurate. CORE,
Aktiv and G+D make no representation or warranties of any kind in
connection with this Agreement. CORE, Aktiv and G+D do not represent
or warrant that registration of your domain name will immunize you
from challenges to your domain name.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be
remedied by you within 30 days of notice by CORE, Aktiv and G+D.
If you fail to cure the breach, CORE, Aktiv and G+D may revoke your
registration of the domain name.
You also agree that CORE, Aktiv and G+D shall have the right in
its sole discretion to revoke, suspend, transfer or otherwise modify a
domain name registration upon seven (7) calendar days prior
written notice, or at such time as CORE, Aktiv and/or G+D receive
a properly authenticated order from a court of competent jurisdiction,
or arbitration award, re-querying the revocation, suspension,
transfer or modification of the domain name registration.
10. Governing Law
This Agreement, your rights and obligations and all actions
contemplated by this Agreement shall be governed by the laws of
Switzerland, as if the Agreement was a contract wholly entered
into and wholly performed within Switzerland. Any action to
enforce this Agreement or any matter relating to your use of the
CORE, Aktiv and/or G+D site shall be brought exclusively in the
courts of Switzerland located in Geneva.
11. General
This Agreement, the fee schedule and the Dispute Policy,
together with all amendments or modifications to any of them,
constitute the complete and exclusive agreement between you and
CORE, Aktiv and G+D, and supersede and govern all prior proposals,
agreements, or other communications.
Nothing contained in this Policy shall be construed as creating
any agency, partner-ship, or other form of joint enterprise
between the parties. The failure of CORE, Aktiv and/or G+D to require
your performance of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor
shall the waiver by CORE, Aktiv and/or G+D of a breach of any
provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Agreement shall be unenforceable
or invalid under any applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not
render this Agreement unenforceable or invalid as a whole. CORE,
Aktiv and/or G+D will amend or replace such provision with one that
is valid and enforceable and which achieves, to the extent possible, the
original objectives and intent of CORE, Aktiv and/or G+D as reflected
in the original provision. No provision of this Agreement, including the
fee schedule and the Dispute Policy, may not be amended or modified
by you except by means of a written document signed by CORE,
Aktiv and G+D.