1. Fees
As consideration for the domain name registration services provided by Registrar to you, you agree to pay Registrar, prior to the effectiveness of the desired domain name registration, the amounts set forth under "Policy And Fees" at http://www.webmasters.com/domains/policy.htm for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by Registrar in its sole discretion).
You will be notified by email when renewal fees are due. It is your responsibility to ensure our email renewal notices are received, as we are unable to verify receipt after said notices are sent. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, your registration will be cancelled with no possibility of redemption unless otherwise stated by us. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge you accordingly.
2. Dispute Resolution Policy
You agree to be bound by Registrar's Domain Dispute Resolution Policy ("Dispute Policy"), which is hereby incorporated and made a part of this Agreement by reference. This Dispute Policy can be found in its entirety at http://www.webmasters.com/domains/dispute.htm. Certain disputes, as specified in the Dispute Policy, are subject to that Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party, in the event such dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Registrar harmless pursuant to the terms and conditions contained in the Dispute Policy.
3. Domain Deletion Policy
You acknowledge and agree to Registrar's Expired Domain Deletion Policy ("EDDP"), which is hereby incorporated and made a part of this Agreement by reference. This Deletion Policy can be found in its entirety at http://www.webmasters.com/domains/eddp.htm. In the event you have purchased our DropGuard protection service, you hereby give Registar your express consent to renew your domain name on your behalf indefinitely or for a contracted amount of time, in order to prevent your domain name from being deleted by the registry.
4. Changes to Registration Agreement and Dispute Resolution Policy
You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that Registrar may modify this Agreement and the Dispute Resolution Policy if necessary to comply with its ICANN agreement, and any other Agreements that Registrar is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.
5. Domain Name Registration Information and Its Use
a. Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:
i. Your name and postal address (or if different, that of the domain name holder);
ii. The domain name being registered;
iii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; and
iv. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name.
You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed.
All other information which we may request from you at registration is voluntary. However, not providing this information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.
b. Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
iv. Records of account for your domain name registration, including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
viii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
ix. The expiration date of the registration;
x. Information regarding all other activity between you and us regarding your domain name registration and related services.
c. Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
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 sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
d. Disclosure and Use of Registration Information. You agree and acknowledge that Registrar will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that Registrar 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 for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Registrar may or must make available to the public or to private entities, and the manner in which such information is made available.
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 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 Registrar.
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.
Registrar will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
6. Ownership of Data.
You agree and acknowledge that Registrar owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. Registrar does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.
7. Agents and Licenses
You agree that, if you are registering a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.
8. Limitation of Liability
YOU AGREE THAT WEBMASTERS.COM WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND REGISTRAR'S REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. REGISTRAR ALSO 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 REGISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRAR'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). 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.
9. Indemnification
You agree to release, indemnify, defend and hold WEBMASTERS.COM, in our capacities as the registry and a registrar, and the applicable registry for any top-level domain in which you are applying for services hereunder, and any of our or their contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising under this Agreement, the WEBMASTERS.COM services provided hereunder, your domain name registration, or your use of the WEBMASTERS.COM services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, of any intellectual property or other proprietary right of any person or entity, or a violation of any of our operating rules or policies relating to the service(s) provided. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.
You agree to defend, indemnify and hold harmless WEBMASTERS.COM, NetTuner Corp., its affiliates and business partners, and any applicable domain name registry, including without limitation VeriSign, Inc., Afilias Limited, NeuLevel, Inc., NeuStar, Inc., SITA and Public Interest Registry, and their respective subsidiaries and affiliates, and the directors, officers, employees and agents, subcontractors and shareholders of each of them, from and against any and all claims, actions, losses, damages, expenses and costs, including reasonable attorneys' fees and expenses, arising out of or relating to (i) your domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, or (iii) any third party claim, action, or demand related to your domain name or the use thereof. This indemnification obligation shall survive the termination or expiration of the registration 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. You agree that we will comply with
all court orders, domestic or international, directed against you and/or
the domain name registration.
10. Ownership Disputes
In the event the ownership of any domain becomes disputed, we will recognize the person or entity whose name is listed on the credit card making the original purchase of the domain. If that entity is not a natural person, such as a corporation or partnership, the official registered agent for that entity, as verified by proper documentation which will be accepted at our discretion, shall be recognized as the rightful owner. If that person has become deceased, incapacitated or has willingly relinquished control of the account to another party, and that party subsequently requests an ownership change, legal supporting documents will be required and accepted at our discretion prior to any modifications being made or access being granted. You further agree to hold us harmless from any liability arising from any type of ownership dispute pertaining to your domain.
11. Representations and Warranties
You represent that, to the best of your knowledge and belief, neither
the registration of the domain name nor the manner in which it is
directly or indirectly used infringes the legal rights of a third party.
You further represent and warrant that all information provided by you
in connection with your domain name registration is accurate.
ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME
REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY
LIMITATION TO THE FOREGOING, REGISTRAR MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN
NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR
TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
12. Breach and Revocation
Registrar reserves the right to suspend, cancel, transfer or modify your
domain name registration in the event (a) you materially breach this
Agreement (including the Dispute Policy) and do not cure such breach
within thirty (30) days of notice by Registrar, (b) you use the domain
name registered to you to send unsolicited commercial advertisements in
contradiction to either applicable laws or customary acceptable usage
policies of the Internet, (c) you use your domain name in connection
with unlawful activity, or (d) grounds arise for such suspension,
cancellation, transfer or other modification as provided for in this
Agreement.
You further acknowledge and agree that your registration of a domain
name is subject to suspension, cancellation or transfer by any ICANN
procedure, by any registrar (including WEBMASTERS.COM) or registry
administrator procedures approved by an ICANN-adopted policy, or by any
other ccTLD registry administrator procedures as the case may be, (X) to
correct mistakes by WEBMASTERS.COM, another registrar or the registry
administrator in administering the name or (Y) for the resolution of
disputes concerning the domain name.
You also agree that Registrar shall have the right in its sole
discretion to suspend, cancel, transfer or otherwise modify a domain
name registration upon seven (7) calendar days prior written notice, or
at such time as Registrar receives a properly authenticated order from a
court of competent jurisdiction, or arbitration award, requiring the
suspension, cancellation transfer or modification of the domain name
registration.
13. Governing Law
Except as otherwise set forth in the Dispute Policy with respect to
disputes, this Agreement, your rights and obligations and all actions
contemplated by this Agreement shall be governed by the laws of the
United States of America and the State of Florida, as if the Agreement
was a contract wholly entered into and wholly performed within the State
of Florida. Except as otherwise set forth in the Dispute Policy with
respect to disputes, any action to enforce this Agreement or any matter
relating to your use of the Registrar's site shall be brought
exclusively in the United States District Court for the District of
Florida, or if there is no jurisdiction in such court, then in a state
court in Hillsborough County, Florida.
14. Notices
You agree that any notices required to be given under this Agreement by
WEBMASTERS.COM to you will be deemed to have been given if delivered in
accordance with the contact information you have provided.
15. General
This Agreement and the Dispute Policy, together with all modifications,
constitute the complete and exclusive agreement between you and
Registrar, and supersede and govern all prior proposals, agreements, or
other communications.
Nothing contained in this Policy shall be construed as creating any
agency, partnership, or other form of joint enterprise between the
parties. The failure of Registrar 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 Registrar 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 Policy 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 Policy unenforceable or invalid as a whole. Registrar 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 Registrar as reflected in the original provision.
This Agreement may not be amended or modified by you except by means of
a written document signed by both you and an authorized representative
of WEBMASTERS.COM.
16. Additional Registry Requirements
The following provisions apply to any domain names that you register through WEBMASTERS.COM in the relevant registry(ies).
A. (.INFO) With respect to any registration of a .INFO second level domain name, you agree to the following terms:
1. You consent to the use, copying, distribution, publication, modification, and other processing of your Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract.
2. You agree to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification by Afilias in its discretion.
3. You agree to immediately correct and update the registration information for the .INFO registered domain name during registration term for such domain name; failure to correct this information shall constitute a breach of this Agreement.
4. You acknowledge that Afilias, the registry operator for .INFO, will have no 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 given domain name during these periods, and (b) the results of any dispute over a Sunrise Registration.
5. WEBMASTERS.COM and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that either shall deem necessary, in its discretion, to protect the integrity and stability of the .INFO 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 WEBMASTERS.COM and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. WEBMASTERS.COM and Afilias also reserve the right to lock a domain name during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second level domain name, you agree to the following terms:
1. 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:
- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
- 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.
2. BIZ CERTIFICATION. As a .biz domain name registrant, you hereby certify to the best of your knowledge that:
- 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
- (b) You have the authority to enter into this Agreement; and
- (c) The registered domain name is reasonably related to the your business or intended commercial purpose at the time of registration.
3. PROVISION OF REGISTRATION DATA.
3.1. Provision of Registration Data. As part of the registration process, you are required to provide us 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, email 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.
3.2 Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. 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 any ICANN/Registry Policy.
4. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain name through us, you agree to be bound by our 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:
- The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
- The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
- 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.
5. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site 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 will not refund any fees paid by you if you terminate your Agreement with us.
6. 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.
7. RESERVATION OF RIGHTS. WEBMASTERS.COM and the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that either 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 WEBMASTERS.COM and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. WEBMASTERS.COM and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
C. (.US) With respect to any registration of a .US second level domain name, you agree to the following terms:
1. You consent to the use, copying, distribution, publication, modification, and other processing of your Personal Data by Neustar, the .US Registry Operator, and its designees and agents in a manner consistent with the purposes specified in its contract.
2. You agree to submit to proceedings under the dispute resolution policy(ies) and comply with the requirements set forth by Neustar for domain names registered during the Sunrise Period. These policies are subject to modification by Neustar in its discretion.
3. You agree to immediately correct and update the registration information for each .US registered domain name during the registration term for such domain name; failure to correct this information shall constitute a breach of this Agreement.
4. You acknowledge that Neustar, the registry operator for .US, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the First Come, First Served Period, including, without limitation: (a) the ability or inability of a registrant to obtain a given domain name during these periods, and (b) the results of any dispute over a Sunrise Registration.
17. Private Registration Service
1. PRIVATE REGISTRATION SERVICE. When you subscribe to WEBMASTERS.COM's Private Registration Service, you authorize and direct WEBMASTERS.COM to display alternate contact information in the public WHOIS database for the Registrant, Administrative, and Technical Contacts for the applicable domain name registration.
2. COMMUNICATIONS FORWARDING.
- By subscribing to the Private Registration Service, you authorize
and direct WEBMASTERS.COM to process communications directed to you at
the contact information displayed in the public WHOIS database as
follows:
- EMAIL ADDRESS. A proxy email address shall be maintained for the applicable domain name and will be displayed in the public WHOIS database. With respect to any message received at the email address posted in the public WHOIS database for a given contact for a domain name, we will attempt to forward such message to the email address associated with such contact for such domain name. You acknowledge that you will not receive messages forwarded to a malfunctioning or discontinued contact email address.
- POSTAL ADDRESS. An address in care of WEBMASTERS.COM Private Registration Service will be the postal address displayed in the public WHOIS database for the applicable domain name. You hereby authorize WEBMASTERS.COM to receive, sort, open, forward, and destroy any and all mail sent to such Address in its sole discretion. Mail received via Certified Mail or Express Mail will be opened and all such mail will be scanned or transcribed and sent to you via the email address associated with the account for the applicable domain name. You acknowledge that you will have five (5) days from the date such Certified Mail or Express Mail is sent to you via email to request in writing that a copy of such scanned mail be forwarded to you via postal mail at your expense. You acknowledge that unless you direct us otherwise in writing within such five (5) day period, all such mail will be destroyed five (5) days after a scanned copy is sent to you via email. All mail that is unable to be scanned will be forwarded to you via postal mail at WEBMASTERS.COM's expense at the postal address associated with the account for the applicable domain name. You specifically acknowledge that WEBMASTERS.COM will destroy all third class and "junk" mail upon receipt and will either discard all such other communications received or return the same to the sender unopened. You hereby waive any and all claims arising from your failure to receive communications directed to your domain name contact information displayed in the public WHOIS database but not forwarded to you by WEBMASTERS.COM for any reason whatsoever.
- TELEPHONE NUMBER. A telephone number that is answered by a WEBMASTERS.COM representative will be displayed in the public WHOIS database for the applicable domain name. Callers will be informed of how to contact you using the information displayed in the public WHOIS database.
- You acknowledge and agree that by subscribing to our Private Registration Service that you will not receive all communications sent to you at the contact information listed in the public WHOIS database. You acknowledge and agree that WEBMASTERS.COM disclaims any and all loss or liability that may result from your use of our Private Registration Service and/or your failure to receive correspondence sent to you at the contact information displayed in the public WHOIS database, including, but not limited to, legal notices or UDRP complaints.
- You agree that if you opt to have mail forwarded to you in accordance with Section 2(ii) above, that you are responsible for paying all fees and costs associated with WEBMASTERS.COM providing such forwarding services. WEBMASTERS.COM will inform you via email of the applicable shipping costs, and the credit card associated with your account for the applicable domain name will be charged. The credit card transaction must be successful prior to us forwarding the correspondence to You. You are solely responsible for maintaining current and accurate credit card information on file with WEBMASTERS.COM, including the expiration date for such credit card.
3. RIGHT TO DISCLOSE YOUR CONTACT INFORMATION AND TERMINATE THE PRIVATE REGISTRATION SERVICE. You acknowledge and agree that WEBMASTERS.COM has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability to you whatsoever, to (a) reveal to third parties the contact information provided by you to WEBMASTERS.COM in connection with the account for the applicable domain name, (b) populate the public WHOIS database with the name, primary postal address, email address and/or telephone number of the registrant, administrative contact and/or technical contact as provided by you to WEBMASTERS.COM, or (c) terminate your subscription to our Private Registration Service:
- if any third party claims that the domain name violates or infringes a third party's trademark, trade name or other legal rights, whether or not such claim is valid;
- to comply with (A) any applicable laws, government rules or requirements, (B) any policy, requirement or request of ICANN, or (C) any subpoena, court order, or request of law enforcement or governmental or quasi-governmental agencies; or
- if any third party threatens legal action against WEBMASTERS.COM that is related in any way, directly or indirectly, to the domain name, or claims that you are using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or violative of a third party's legal rights.
In the event that WEBMASTERS.COM takes any such action as permitted under this paragraph 3, you will not be entitled to any refund of monies paid to WEBMASTERS.COM on account of your subscription to our Private Registration Service.
