1. Domain Name Registration, Administration,
and Renewal Services
1.1 Top Level Domains ("TLDs") :
gTLDs such as .Com , .Net , .Org , .Info , .Biz , .Mobi , .Asia , .Tel .Us , .Name and (regional) ccTLDs such as .US , .IL , .DE , .EU , .UK , .CN etc..
Registrar is an accredited registrar of ICANN for the .info , .biz , .com, .net
, .org , .Name TLDs. Registrar accepts applications to register and renew domain
names with those TLDs. Also Registrar is an accredited registrar of certain ccTLD
such as .IL , .US , .DE , .UK , .EU and others , and acts as an agent with respect
to registaration of other regional (ccTld) domain names.
As an accredited domain name registrar, Registrar is, upon accepting your application
to register or renew a domain name with the TLDs, your sponsor for that application.
All domain name registrations Registrar registers or renews are not effective until
we have delivered the domain name registration or renewal information you have provide
us to the registry operator ("Registry Operator") for each TLD (e.g Verisign for
.com .net , PIR for .org , Afilias for .info and Neulevel for .biz) , as applicable.
1.2 No Guarantee of Registration or Renewal
You acknowledge and agree that Registrar cannot guarantee that you will be able
to register or renew a desired domain name, even if an inquiry indicates that domain
name is available, since Registrar cannot know with certainty whether or not the
domain name which you are seeking to register is simultaneously being sought by
a third party, or whether there are any inaccuracies or errors in the domain name
registration or renewal process or related databases, including the various WHOIS
databases. You further acknowledge and agree that Registrar may elect to accept
or reject your application for registration or renewal for any reason at its sole
discretion, such rejection including, but not limited to, rejection due to a request
for registration or renewal of a prohibited domain name. You also acknowledge and
agree that Registrar is not liable or responsible in any way for any errors, omissions
or any other actions by any Registry Operator arising out of or related to your
application for and registration of, renewal of, or failure to register or renew
a particular domain name. You additionally agree to indemnify, defend and hold harmless
the applicable Registry Operator and its directors, officers, employees, and agents
from and against any and all claims, damages, liabilities, costs, and expenses (including
reasonable legal fees and expenses) arising out of, or related to, your application
for and registration of, renewal of, or failure to register or renew, a particular
1.3 Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain
name registration, you hereby represent and warrant to us that (a) the statements
that you made in connection with such registration, maintenance, or renewal are
complete and accurate; (b) to your knowledge, the registration of the domain name
will not infringe upon or otherwise violate the rights of any third party; (c) you
are not registering the domain name for an unlawful purpose; and (d) you will not
knowingly use the domain name in violation of any applicable laws or regulations.
You agree and acknowledge that it is your responsibility to determine whether your
domain name registration infringes or violates someone else's rights. You agree
that registration of the Registered Name shall be subject to suspension, cancellation,
or transfer pursuant to any ICANN adopted specification or policy, or pursuant to
any registrar or Registry Operator procedure not inconsistent with an ICANN adopted
specification or policy, (1) to correct mistakes by Registrar or the Registry Operator
in registering the name or (2) for the resolution of disputes concerning the domain
1.4 Domain Name Registrant ("Registrant")
Registrar considers the entity named as the Registrant contact of the domain name
as the domain name owner.
Registrar considers the entity named as the administrative contact for the domain
name , to be the entity who controls and manage the domain name and whose granted
with the User name and password to maintain the domain name.
1.5 Account , User Name and Password
The first time you apply for domain name registration, administration, and renewal
services, you will be asked to select a User name and password. That User name and
password are the means through which you access to certain of the Services. Please
keep your User name and password you select from any unauthorized use. You acknowledge
and agree that in no event will Registrar be liable for the unauthorized use or
misuse of your User name or password. Where an entity sign up and registered a domain
name using a pre-selected login information (i.e. User and Password pair) , that
entity is granted to control and manage the domain name thenafter.
As consideration for Registrar's domain name registration, administration, and renewal
services, you agree to pay Registrar, upon submission of your domain name application,
renewal application, or registrar transfer application to Registrar, the then-current
fees set forth in the Registrar price schedule for such services. 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. You obligation
for payment of the applicable fees prior to domain activation is final and non revocable.
Registrar reserves the right to change fees, surcharges, renewal fees or to institute
new fees at any time, for any reason, at its sole discretion.
Your domain name application, renewal application, or registrar transfer request
will not be submitted to the applicable Registry Operator unless we receive actual
payment of the registration, renewal, or transfer fee, or reasonable assurance of
payment of the registration, renewal, or transfer fee from some other entity (such
reasonable assurance as determined by Registrar in its sole discretion).
In the event of a charge back by a credit card company (or similar action by another
payment provider allowed by us) or other non-payment by you in connection with your
payment of the registration, renewal, or registrar transfer fee, you acknowledge
and agree that the registration shall be either a) cancelled , or b) be transferred
to Registrar as the entity that has paid the registration, renewal, or transfer
fee for that registration to the Registry Operator;
and that Registrar reserves all rights regarding such domain name including, without
limitation, the right to make the domain name available to other parties for purchase.
We will reinstate any such registration solely at our discretion, and subject to
our receipt of the applicable registration, renewal, or transfer fee and our then-current
Registrar listing of fees are available at the Registrar website , e.g https://www.communigal.net/scripts/Gcprices.asp
1.7 Renewals , auto-renewals and domain name expiration :
This section refers to gTLDs (domains which their policy is sponsored by ICANN) only.
Renewals for ccTLDs is determined according the the ccTLD respective registry’s policy.
At least thirty (30) days before a domain name expires and at least two times before the domain
name expires , Registrar shall send an electronic notification informing you that your domain
name expires soon. In no way Registrar is responsible to the notice received by you.
You are obligated to keep your email address updated at all time to ensure you will get the
renewal notification in time. Renewal notification is sent to either (i) the email address of
the domain name account contact or , (b) to the email address of the domain name registrant
contact or , (c) to the email address of the domain name admin contact or , (d) to the email
address of the domain name agent/reseller if domain name account is managed by the agent or ,
(e) to an email address specified by the domain name account administrator.
Your obligation to renew your domain name with Registrar, starts thirty (30)
days before a domain name expires, or after the first renewal notification has
been sent to you (the earlier of the two). and provided that Registrar has sent
you a notification informing you of the coming domain expiration. Where renewal
has not been made within thirty (30) days before a domain name expires, Registrar
reserves the right to cancel/reject a transfer of the domain to another Registrar.
Registrar auto-renewal – Registrar may optionally, but is not obligated to ,
provide an auto-renewal feature. If you instruct the Registrar via Registrar’s
website or other mean provided by Registrar that you wish your domain name to be auto
renewed , it is your obligation to make sure you have at the time of the domain
expiration a payment method valid and in place (e.g credit card valid data , or a
positive credit balance). Registrar will charge your auto-renewal fee not before the
domain name expiration date , unless you explicitely requested otherwise. Auto-renewal
will not take place where there is no valid payment method and no positive credit in
domain name account balance.
After expiration -
After a domain name has expired without being explicitely renewed or auto-renewed ,
Registrar , at its sole discretion may put the domain name on “HOLD” status and/or
may delete the domain name (to a stage of RGP if applicable by the respective domain
name tld Registry Operator) and/or or may change the domain name contact data and the
domain name user and/or modify any of the domain whois information and/or point the
domain name to resolve at another DNS server chosen by Registrar.
You agree and acknowledge that Registrar may, at its sole discretion, renew your expired
domain name on your behalf. If Registrar decides to renew your domain name on your behalf,
you will have a Registrar Renewal Grace Period ("RRGP") through which you may pay the
appropriate fees to Registrar for the renewal and keep your domain name. Currently the
Registrar Renewal Grace Period is 15 days , but subject to change at the sole discretion
You also agree and acknowledge that for some ccTLDs, there is no renewal grace period given
by the respective TLD registry (e.g .eu), and therefore your domain name may be cancelled
immediately upon its expiration date. For .eu domain name3, in particular, your last day to
explicitly renew the domain before it expires, is 7 days before its expiration.
You also agree and acknowledge that after the expiration date of your domain name,
and after you have been given the RRGP (Registrar Renewal Grace Period), Registrar
may, at its sole discretion, renew and transfer the domain name to a third party.
The domain name transfer to a third party may involve a direct transfer to an interested
party, or a brief auction involving multiple interested parties.
Where a domain name is deleted , and enters a RGP - Redemption Grace Period. That
period ensures that for 30 days the domain name although being on hold , will not
become available to others. You will be able , subject to a "Restoration Fee" ,
to restore the domain , renew it and reuse the domain name again.
1.8 Transfer a domain to Registrar
A Transfer occurs when you wish to transfer a domain from another registrar to Registrar.
A transfer itself is free , however may constitutes an automatic 1 year renewal.
(in all gTLDs and certain ccTLDs)
With respect to gTLDs Registrar is obligated by the ICANN policy related to inter-registrar transfers
and complies to that policy and/or rules. See http://www.icann.org/transfers/.
With respect to ccTLDs , Registrar is obligates by the respective registry policy
related to transfer of domains between accredited registrar of that registry.
By requesting to Transfer a domain name from another registrar to Galcomm , you
hereby acknowledge that you are the authorized person/entity to initiate the transfer.
Registrar will comply with the various policies set from time to time by ICANN and/or
Registry Operator to facilitate the Transfer Process.
To Transfer a domain name with TLDs where an auth code is applicable (e.g other
than com/net) , you have to provide the Auth Code given to you by the current registrar
, in order to be able to initiate the transfer request.
To authenticate the transfer request , Galcomm will either contact through email
the admin contact according to the whois information at the time of the transfer
request , where the admin contact is required to confirm the request prior to processing,
or Galcomm will use the Auth Code given along with the transfer request as an evidence
from the domain name holder.
Where a Transfer has failed , or rejected , Registrar will enable the re-submission
of the Transfer , however the Transfer fee is not refundable.
1.9 Transfer a domain to another registrar
Should you wish to transfer your domain name to other registrar of your choice,
you are eligible to do so, provided you have paid all your registration fees , and
no third party's procedure are in effect related to the domain name (e.g UDRP etc..)
Registrar takes security precations to protect your domain name. Thus you will have
to make sure your domain name is unlocked prior to transfer and either use the auth
code given by Registrar when applicable , and confirm your willing to transfer by
responding to an email notification.
2. Changes to this Agreement or to Additional Rules or Policies
You acknowledge that the Internet, domain name system and the practice of registering and
administering domain names are evolving, and therefore you agree that Registrar may modify
this Agreement, as well as any additional rules or policies that are or may be published by
Registrar, as necessary to comply with Registrar's ICANN agreement , Registry Operator agreement ,
or with 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 any
domain name registered through Registrar shall constitute your acceptance of this Agreement
as well as additional rules or policies that are or may be published by Registrar, each 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
acknowledge and agree that such cancellation or request for transfer will be your exclusive
remedy and our sole liability if you do not wish to abide by any changes to this Agreement or
any additional rules or policies that are or may be published by Registrar.
UDRP - Dispute Resolution Process
Where a domain name is under a UDRP proceedings by an approved UDRP arbitrator ,
Registrar is obligated to comply with The UDRP proceedings and decisions. You agree
to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution
Policy (the "UDRP"), as amended from time to time.
Current UDRP , see http://www.icann.org/udrp/udrp-policy-24oct99.htm
For ccTLDs, a domain may enter the respective registry’s dispute process, as defined by the
domain registry . e.g a dispute policy related to .IL domains is held according to IL-DRP
process , as mentioned at : http://www.isoc.org.il/domain_heb/ildrp_rules.html
3. Domain name Information , Whois data , and their Use
You hereby acknowledge and agree that, in connection with your use of certain of
Registrar services, you are required to provide certain information and to update
promptly this information as needed to keep it current, complete and accurate.
Except as set forth below, all other information which we may request from you in
connection with domain name registration, administration, and renewal services,
is voluntary; however, not providing this information may prevent you from obtaining
Services other than domain name registration, administration, and renewal services.
You agree to provide accurate and reliable contact details and promptly correct
and update them during the term of the registered domain name, including: the full
name, postal address, e-mail address, voice telephone number, and fax number if
available of the Registered Name Holder; name of authorized person for contact purposes
in the case of being an organization, association, or corporation; also the organization
Registrar , as an ICANN registrar will perform from time to time a Whois Verification
Process to ensure the domain name accuracy.
3.1 .Domain Name Registration, Administration and Renewal :
The information you are obligated to provide and keep current in connection with
your use of Registrar's domain name registration, administration, and renewal services
is the following:
i.Your full name (or the name of the authorized person for contact purposes, if
registration is for an organization, corporation or association), postal address
email address, voice telephone number, and fax number, if available (or if different,
that of the domain name holder);
ii.The domain name being registered; and
iii.The name, postal address, email address, voice telephone number, and where available,
fax number for the administrative contact, technical contact and billing contact
for the domain name registration.
You acknowledge and agree that when you renew a 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, the registration may not be renewed.
Registrar will provide a reasonable mean to access your domain name obligatory data
provided and a mean to modify that information (e.g using your private account at
the Registrar website)
3.2 .Additional Information Maintained
In addition to the information you provide, we maintain records relating to any
domain name application received by Registrar, as well as any domain name registered
through, administered, or renewed by Registrar. We also may maintain records relating
to other services that we provide to you. These records may include, but are not
i.The original creation date of a domain name registration, renewal, or request
ii.The submission date and time of a registration or renewal application to us and
by us to the proper Registry Operator;
iii.Communications (electronic or paper form) constituting submissions, forwarding,
modifications, or terminations of service and related correspondence between you
iv.Records of your account, including dates and amounts of all payments and refunds;
v.The IP addresses of the primary nameserver and any secondary nameservers for the
vi.The corresponding names of those nameservers;
vii.The name, postal address, email address, voice telephone number, and where available,
fax number of the zone contact for a domain name;
viii.The expiration date of a domain name registration; and
ix.Information regarding all other activity between you and us regarding your use
of the services.
3.3 .Obligations Relating to the Information You Provide
In the event that (i) in applying for the registration of a domain name you are
providing information about a third party, or (ii) you license a domain name registered
in your name to a third party, you hereby represent and warrant 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 and agree that willfully providing inaccurate or unreliable information
or willfully failing to update information promptly will constitute a material breach
of this Agreement that will be sufficient basis for cancellation of your domain
name registration. You further acknowledge and 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 domain name registration shall constitute
a material breach of this Agreement and will be sufficient basis for cancellation
of your domain name registration.
3.4 .Disclosure and Use of Information
You acknowledge and agree that Registrar may make available information you provide
or that we otherwise maintain to such public or private third parties as applicable
laws require or permit , including but not limited to ICANN , the Registry Operator/administrator,
and to other third parties as ICANN and applicable laws may require or permit (including
through web-based and other on-line WHOIS lookup systems), whether during or after
the term of your domain name registration services of the domain name .
You further acknowledge and agree that Registrar may make publicly available, or
directly available to third parties, some, or all, of the 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 applicable laws. 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.
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 or use of any Services (including any updates
to such information), whether during or after the term of your registration of a
domain name or other Services. You hereby irrevocably waive any and all claims and
causes of action you may have arising from such disclosure or use of information
that has been provided by you , 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 or use, or alteration
or destruction, of that information. Registrar will have no liability to you or
any third party to the extent such reasonable precautions are taken.
Communications with Registrar are not private and may be published either in their
entirety or in edited form at any time, at the sole discretion of Registrar.
3.6 Whois query use :
Registrar provides a whois query service via port 43 as well as through its website.
The whois information is provided out of Registrar most updated information as provided
by the domain name holder. Registrar may provide the whois information either using
its whois application or by a reference to the respective domain Registry Operator
whois service, where that Registry Operatorprovides a "thick" whois information.
Embedded within the whois query are the terms and conditions of using the information
queried. You hereby agree to be bound by those terms and conditions that may be
ammended from time to time by Registrar.
A sample of the terms and conditions , for illustartion purpose only, states : "You
agree that the data in the whois database is provided to you for information purposes
only, that is, to assist you in obtaining information about or related to a domain
name registration record, and that the information is made available 'as is', and
does not guarantee its accuracy. By submitting a whois query, you agree that you
will use this data only for lawful purposes and that, under no circumstances, will
you use this data to: (1) enable high volume, automated, electronic processes that
stress or load this whois database system providing you this information; or (2)
allow, enable, or otherwise support the transmission of mass unsolicited, commercial
advertising or solicitations via direct mail, electronic mail, or by telephone.
The compilation, repackaging, dissemination or other use of the whois data is expressly
prohibited without prior written consent from Registrar."
4. Ownership of Data You acknowledge and agree that Registrar owns all database,
compilation, collective and similar rights, title and interests worldwide in our
domain name and other proprietary information databases, and all information and
derivative works generated from those databases. Additionally, you hereby grant
to Registrar a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up right
and license to use in our business, however it evolves, including the rights to
copy, distribute, display, perform, transmit, prepare derivative works from or otherwise
use without restriction the following information: (a) the original creation date
of a domain name registration, (b) the expiration date of a domain name registration,
(c) the name, postal address, email address, voice telephone number, and where available
fax number of the technical contact, administrative contact, zone contact and billing
contact for a domain name registration, (d) any remarks concerning a registered
domain name that appear or should appear in a WHOIS or similar database, and (e)
any other information we generate or obtain in connection with the provision of
the Services. Registrar does not have any ownership interest in your specific personal
registration information or other information other than our rights in our domain
name database, as set forth in this Section.
5.Agents and Licenses
You agree that, if you are using the Services 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 accept liability
for harm caused by wrongful use of the Services.
You agree that if you license the use of a domain name registered in your name 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. As further
required by ICANN, you shall accept liability for harm caused by wrongful use of
the domain name, unless you promptly disclose the identity of the licensee to a
party providing you with reasonable evidence of actionable harm.
6. Limitation of Liability
YOU AGREE THAT REGISTRAR WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a)
SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (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) ACCESSED 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 YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION
OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR
ORGANIZATION) ADOPTED POLICIES. 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 THE SERVICES, 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 MAXIMUM EXTENT PERMITTED BY LAW.
7. Indemnification of Registrar
You agree to defend, indemnify and hold harmless Registrar for any loss, damages
or costs, including reasonable attorneys' fees, resulting from any third party claim,
action, or demand related to (i) your use of the Services, including, but not limited
to, your application for registration, registration, or renewal of any domain name
registered in your name, and (ii) your use of any domain name registered in your
name. This indemnification is in addition to any indemnification required under
the UDRP or any similar policy.
You agree to release, indemnify, defend and hold harmless VeriSign, Inc., any Registry
Operator and any of our contractors, agents, employees, officers, directors, shareholders,
affiliates and assigns from all liabilities, claims, damages, costs and expenses,
including reasonable attorneys' fees and expenses, of third parties relating to
or arising out of this Agreement or the breach of your warranties, representations
and obligations under this Agreement. The terms of this paragraph will survive any
termination or cancellation of this Agreement.
8. Representations and Warranties
You represent that, to the best of your knowledge and belief, neither the registration
of the domain name you have applied for nor the manner in which it is intended to
be or 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 use of the Services is accurate and current. THE SERVICES ARE PROVIDED
TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved
domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THIS AGREEMENT OR THE 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.
9. Suspension, Cancellation, Transfer or Modification
You acknowledge and agree that Registrar may suspend, cancel, transfer or modify your use
of the Services at any time, for any reason, in Registrar's sole discretion. You also
acknowledge and agree that Registrar may suspend, cancel, transfer or modify your domain
name registration, and/or may charge you an administrative fee at the amount published
from time to time at Registrar website, if (a) you materially breach this Agreement
(including any applicable additional rule or policy) and do not cure such breach within five
(5) calendar 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, or (c) you use your domain name in
connection with unlawful activity.
You further acknowledge and agree that your domain name registration is subject to suspension,
cancellation, transfer or modification pursuant to the terms of any rules or policies applicable
to your domain name registration, including, but not limited to (i) the UDRP, (ii) any
ICANN adopted policy, (iii) any registrar (including Registrar) or Registry operator procedures.
You also agree that Registrar shall have the right in its sole discretion to suspend, cancel,
transfer or otherwise modify your domain name registration at such time as Registrar receives
(1) a properly authenticated notification from a court of competent jurisdiction, or (2) an
arbitration award requiring the suspension, cancellation, transfer or modification of your
domain name registration, or (3) a valid complaint that your domain name is being used to send
unsolicited commercial advertisements in contradiction to either applicable laws or customary
acceptable usage policies of the Internet, or you use your domain name in connection with unlawful
activity. In the case of (3), Registrar may in addition to cancellation of the domain charge
you an administrative fee on the amount published from time to time at the Registrar website
under Administrative Fee, for the manual work Registrar has to do to handle the complaint.
Paying such administrative fee, does not remove any liability you may have by using your domain
name, as specified in provision 6 to this Agreement.
Finally, you agree that Registrar shall have the right in its sole discretion to
cancel your domain name registration within thirty (30) calendar days of the creation
date of that registration.
10. Governing Law
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect
to any dispute over your domain name registration, this Agreement, your rights and
obligations and all actions contemplated by this Agreement shall be governed by
the laws of Israel , as if the Agreement was a contract wholly entered into and
wholly performed within Israel.
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect
to any dispute over your domain name registration, any action to enforce this Agreement
or any matter relating to your use of the Registrar site shall be brought exclusively
to the Jurisdiction of Tel Aviv , Israel court.
For the adjudication of disputes concerning or arising from use of the Registered
Name, the Registered Name Holder shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered
Name Holder's domicile and (2) where Registrar is located
You agree that, unless other instructions are posted on the Registrar's Web site,
any notices required to be given under this Agreement will be deemed to have been
given if delivered by email or fax, or sent by certified mail, return receipt requested,
or by Federal Express or other recognized overnight delivery service to each of
the parties in accordance with the most current contact information you have provided
to us, and the contact information for Registrar posted on the Registrar's Web site.
All notices shall be effective upon receipt, except that email and fax notices shall
be effective upon transmission.
12. Additional Requirements for .INFO and .BIZ TLDs :
12.1 .INFO :
In addition to the above :
12.1.1. Registrant consents to the use, copying, distribution, publication, modification,
and other processing of Registered Domain Name Holder's 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.
12.1.2. Registrant agrees 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.
12.1.3. Registrant agrees to immediately correct and update the registration information
for the Registered Name during registration term for the Registered Name, failure
to correct this information shall constitute a breach of this Agreement.
12.1 4. Registrant acknowledges 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 Registered
Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
12.1.5. Registrar and Afilias, the registry operator for .INFO, expressly 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 requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid any liability, civil
or criminal, on the part of Registrar and/or Afilias as well as their affiliates,
subsidiaries, officers, directors and employees. Registrar and Afilias also reserve
the right to freeze a domain name during resolution of a dispute .
12.2.1. 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:
a) To exchange goods, services, or property of any kind;
b) In the ordinary course of trade or business; or
c) 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.
12.2.2. BIZ CERTIFICATION.
As a .biz domain name registrant, you hereby certify to the best of your knowledge
(a) 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) The domain name registrant has the authority to enter into the registration
(c) The registered domain name is reasonably related to the registrant's business
or intended commercial purpose at the time of registration.
12.2.3. PROVISION OF REGISTRATION DATA.
22.214.171.124. 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, 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.
126.96.36.199 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.
12.2.4 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:
(i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html;
(iii) 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
12.2.5. 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.
12.2.6. 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.
12.2.7. RESERVATION OF RIGHTS. Registrar and the .biz Registry Operator, NeuLevel,
Inc. expressly 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 requirements,
requests of law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal, on the part of Registrar and/or NeuLevel,
Inc., as well as their affiliates, subsidiaries, officers, directors and employees.
Registrar and NeuLevel, Inc. also reserve the right to freeze a domain name during
resolution of a dispute.
12.3 .TRAVEL Additional provisions:
12.3.1. Registrant understands the eligibility requirements and states that it is
an eligible entity to
register a .travel domain and is related to one of the following categories:
" Attractions/Theme Parks
" Bed & Breakfast Houses
" Bus/Taxi/Limousine Operators
" Camp Facility Operators
" Car Rental Companies
" Computer Reservation/Travel Technology Provider
" Convention & Visitor's Bureaus
" Cruise Lines
" National Tourism Offices
" Passenger Rail Lines
" Tour Operators
" Travel Agents
" Travel Media
" Travel-Consumer and Market Research Organizations
Registrant acknowledges that if it ceases to be a member of the travel industry
as defined by the Registry policy, then the registrant must give a 14 days notice
to Registrar of ceasing to be eligible for the respective .travel name.
12.3.2. Registrant has obtained a UIN (Unique Identification Number) , from one
of the .travel official authenticating members , to be used to eligibly register
a .travel domain name.
12.3.3. Registrant shall not attempt to create a 3rd level domain under the .travel
domain name unless for its own web service use , such as the its website or email
12.3.4. Renewal - Within 30-60 prior to the anniversary of the domain name , registrant
will apply via authenticating organization , the same way as done with the initial
registration , to ensure to eligibility has been changed through the term of the
12.3.5. Transfer of ownership - Where a registrant wishes to transfer its domain
to another entity , then the new holder of the domain name must initiate an application
to an authenticating organization as if it was a new application for a new domain
12.3.6. Revocation - The Registrar and/or the Registry reserve the right to revoke
the domain name and/or the use of the domain name for the following reasons:
188.8.131.52 The registrant's status changes and they cease to be a member of the eligible
community defined by the .travel Charter and .travel policies;
184.108.40.206. If any prescribed registration, transfer, renewal or other fee is not
220.127.116.11. If a warranty made by the registrant or their agent is breached ;
18.104.22.168. If any information provided in the course of registration is incorrect;
22.214.171.124. If misleading, incomplete or incorrect information is supplied in the
application for registration, transfer or renewal;
126.96.36.199. Failure to comply with any .travel policy that applies to the registrant
at any time;
188.8.131.52. If a court of competent authority orders that the .travel domain name
should not be licensed to the Registrant, be removed from the registry or be licensed
to another person;
184.108.40.206. If the .travel domain name, or the use of the .travel domain name, is
not in the best interests of the Sponsored community;
12.3.6. 9. If instructed by the registrant or its authorized agent; and
220.127.116.11. If a .travel domain name which could not otherwise be registered under
this policy is registered through mistake on the part of the registrant or the Registry.
12.3.7 Representation -
18.104.22.168 the registrant understands the eligibility requirements of the .travel
TLD and meets those requirements,
22.214.171.124. the selected name meets the requirements of the .travel name selection
126.96.36.199. information provided is accurate and complete, and that any future changes
to this information will be provided in a timely manner;
188.8.131.52. the registration of the domain name nor its use will directly or indirectly
infringe the legal rights of a third party or contravene any .travel policies;
184.108.40.206. the registrant power and authority to execute the agreement and to perform
220.127.116.11. the domain name is not registered for an unlawful purpose;
18.104.22.168. the domain name will not be used in violation of any applicable laws or
22.214.171.124. the registrant is of legal age; and
126.96.36.199. the registrant will indemnify the Registry against all claims and demands
from third parties regarding registration and use of the .travel domain name.
12.4 .MOBI Additional provisions:
Registered Name Holder shall:
Indemnify to the maximum extent permitted by law, defend and hold harmless Registry
Operator, and its directors, officers, employees and agents from and against any
and all claims, damages, liabilities, costs and expenses, including reasonable legal
fees and expenses, arising out of or relating to the Registered Name Holder's domain
name registration and or use, and this indemnification obligation survive the termination
or expiration of the registration agreement; (3.7)
Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries
and affiliates, and the directors, officers, employees and agents or each of them,
from and against any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or relating to the Registered
Name Holder's domain name registration and or use, and indemnification obligation
survive the termination or expiration of the registration agreement; (3.7.1)
Acknowledge and agree that notwithstanding anything in this Agreement to the contrary,
mTLD Top Level Domain Ltd. ("dotMobi"), the Registry Operator of the .mobi TLD,
is and shall be an intended third party beneficiary of this Agreement. As such,
the parties to this Agreement acknowledge and agree that the third party beneficiary
rights of dotMobi have vested and that dotMobi has relied on its third party beneficiary
rights under this Agreement in agreeing to Registrar being a registrar for the .mobi
top-level domain. Additionally, the third party beneficiary rights of dotMobi shall
survive any termination or expiration of this Agreement. (3.8.3)
Comply with ICANN requirements, standards, policies, procedures, and practices for
which Registry Operator has monitoring responsibility in accordance with the Registry
Agreement or other arrangement with ICANN; (3.8.1) Comply with operational standards,
policies, procedures, and practices for the Registry TLD established from time to
time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable
to all registrars and/or Registered Name Holders, and consistent with the Registry
Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;
Consent to the use, copying, distribution, publication, modification and other processing
of Registered Name Holder's Personal Data by Registry Operator and its designees
and agents in a manner consistent with the purposes specified pursuant to Subsection
2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4)
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution
Policy ("UDRP"); (3.8.5)
Immediately correct and update the registration information for the registered Name
during the registration term for the Registered Name; (3.8.6)
Acknowledge and agree to be bound by the terms and conditions of the initial launch
and general operations of the Registry TLD, including without limitation the Limited
Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution
Policy, the Premium Name Allocation Process, and the General Registration Period
, and further to acknowledge that Registry Operator and the Registry Service Provider
has no liability of any kind for any loss or liability resulting from the proceedings
and processes relating to the Limited Industry Launch, the Sunrise Period, the Land
Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation
Process, and the General Registration Period including, without limitation: (a)
the ability or inability of a registrant to obtain a Registered Name during these
periods, and (b) the results of any dispute made during the limited industry launch
or over a Sunrise Registration. (3.8.7)
Acknowledge and agree that the Registry and Registry Services Provider, acting in
consent with the Registry, reserves the right to deny, cancel or transfer any registration
that it deems necessary, in its discretion (i) to protect the integrity and stability
of the registry; (ii) to comply with all applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute resolution process;
(iii) to avoid any liability, civil or criminal, on the part of the Registry as
well as its affiliates, subsidiaries, officers, directors, representatives, employees,
and stockholders; (iv) for violations of the terms and conditions herein; or (v)
to correct mistakes made by the Registry or any registrar in connection with a domain
name registration, and the Registry also reserves the right to freeze a Registered
Name during resolution of a dispute. (3.8.8.)
Acknowledge and agree that they must comply with the requirements, standards, policies,
procedures and practices set forth in the dotMobi Style Guide (www.mtld.mobi) and
consent to the monitoring of the website as described in the dotMobi Style Guide
monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore,
Registrant acknowledges and agrees that this Style Guide is subject to modification
by the Registry with any such changes appearing at the previously designated URL,
and that Registrant must promptly comply with any such changes in the time allotted.
Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during
the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation
and Auction Period, and in such an instance will constitute a material breach to
this contract. (3.9.1).