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This Registration
Agreement ("Agreement") sets forth the terms and
conditions of your use of hosting.lakesideit.net ("Lakeside IT Ltd")
domain name registration services to register an Internet
domain name, your registration of that domain name, as well
as other Lakeside IT Ltd domain name related services. In this Agreement
"you" and "your" refer to each customer
and "we", "us" and "our" refer
to Lakeside IT Ltd. This Agreement explains our obligations to you,
and explains your obligations to us for various Lakeside IT Ltd services.
By selecting our service(s) you have agreed to establish an
account with us for such services. When you use your account
or permit someone else to use it to purchase or otherwise
acquire access to additional Lakeside IT Ltd service(s) or to cancel
your Lakeside IT Ltd service(s) (even if we were not notified of such
authorization), this Agreement covers such service or actions.
By using the service(s) provided by Lakeside IT Ltd under this Agreement,
you acknowledge that you have read and agree to be bound by
all terms and conditions of this Agreement, the accompanying
dispute policy and any pertinent rules or policies that are
or may be published by Lakeside IT Ltd.
This Agreement will become effective when accepted by Lakeside IT Ltd.
Lakeside IT Ltd may elect to accept or reject your domain name registration
application for any reason at its sole discretion, such rejection
including, but not limited to, rejection due to a request
for registration of a prohibited domain name.
1. Our Services:
Lakeside IT Ltd is a reseller of an accredited registrar with the
Internet Corporation for Assigned Names and Numbers ("ICANN")
for Top Level Domain Names (TLDs), currently .com, .net and
.org. ICANN oversees registrations and other aspects of the
TLDs. As a reseller of an accredited domain name registrar,
Lakeside IT Ltd is, upon accepting your domain name registration application,
your sponsor for that application. All domain name registrations
we register for TLDs are not effective until we have delivered
the domain name registration information you provide us to
the registry administrator for the TLDs, as applicable, and
the registry administrator puts into effect your domain name
registration. Currently, the registry administrator for the
.com, .net and .org TLDs is Network Solutions, Inc.
You agree and acknowledge that Lakeside IT Ltd is not liable or responsible
in any way for any errors, omissions or any other actions
by the registry administrator arising out of or related to
your application and receipt of, or failure to receive, a
domain name registration.
You further agree to indemnify, defend and hold harmless
the registry administrator and its directors, officers, employees,
and agents from and against any and all claims, damages, liabilities,
costs, and expenses (including any direct, indirect, incidental,
special or consequential damages and reasonable legal fees
and expenses) arising out of, or related to, your domain name
registration.
2. What We Do Not Do:
We cannot and do not check to see whether the domain name
you select, or the use you make of the domain name, infringes
legal rights of others. We urge you to investigate to see
whether the domain name you select or its use infringes legal
rights of others, and in particular we suggest you seek advice
of competent counsel. You may wish to consider seeking one
or more trademark registrations in connection with your domain
name. You should be aware that there is the possibility we
might be ordered by a court to cancel, modify, or transfer
your domain name. You should also be aware that if we are
sued or threatened with lawsuit in connection with your domain
name, we may turn to you to hold us harmless and to indemnify
us.
3. Fees:
As consideration for the domain name registration services
and/or other services provided by Lakeside IT Ltd to you, you agree
to pay Lakeside IT Ltd, prior to the effectiveness of the desired
domain name registration, the applicable service(s) fees 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 Lakeside IT Ltd in its sole discretion). As further consideration
for the Lakeside IT Ltd service(s), you agree to: (1) provide certain
current, complete and accurate information about you as required
by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information
("Account Information"). In the event of a charge
back by a credit card company (or similar action by another
payment provider allowed by us) in connection with the payments
of the registration fee for your domain name registration,
you agree and acknowledge that the domain name registration
shall be transferred to Lakeside IT Ltd as the paying entity for that
registration to the registry. We will reinstate your domain
name registration solely at our discretion, and subject to
our receipt of the initial registration or renewal fee and
our then-current reinstatement fee, currently set at GB£200.
You will be notified via an email message or via your account
information when renewal fees are due. Should these fees go
unpaid within the time specified in a second notice or reminder
regarding renewal, your registration will be cancelled. 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.
4. Disclaimer and Domain Name Dispute Policy:
If you request, reserved or registered a domain name through
us, or transferred a domain name to us from another registrar,
you agree to be bound by Lakeside IT Ltd's current Disclaimer published
on our site ("Disclaimer") and our current Domain
Name Dispute Policy ("Dispute Policy") which are
incorporated herein and made a part of this Agreement by reference.
The Disclaimer can be found at http://hosting.lakesideit.net/disclaimer.php
and the Dispute Policy can be found at http://hosting.lakesideit.net/dispute.php.
Certain disputes, as specified in the Dispute Policy, are
subject to that Policy. You agree that, if the registration
or reservation of your domain name is challenged by a third
party, you will be subject to the provisions specified in
the Dispute Policy in effect at the time your domain name
registration is disputed by the third party. You also agree
that, in the event a domain name dispute arises with any third
party, you will indemnify and hold Lakeside IT Ltd harmless pursuant
to the terms and conditions contained in the Dispute Policy.
5. Transfer to another Registrar:
You agree that you may not transfer your domain name registration
to another domain name registrar during the first sixty (60)
days from the effective date of your initial domain name registration
with Lakeside IT Ltd. You agree to pay any and all fees that may be
charged by Lakeside IT Ltd to effect the transfer. Your request to
transfer to another registrar may be denied in situations
described in the Dispute Policy, including, but not limited
to: a dispute over the identity of the domain name holder;
bankruptcy; and default in the payment of any fees. You have
the ability to prevent a transfer to another Registrar by
placing a Registrar Lock ("lock") on your domain.
By having a lock status on your domain, you are providing
express objection to any and all transfer requests issued
from another Registrar. Should you choose to transfer to another
Registrar, you must log into your account and remove the lock
prior to our receipt of the transfer request from the gaining
Registrar.
6. Modifications to Lakeside IT Ltd's Registration Agreement and Dispute
Policy:
You agree, during the period of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement. Any
such revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s)
on Lakeside IT Ltd's web site, or on notification to you by e-mail
or mail. You agree to review Lakeside IT Ltd's web site, including
the Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing us with
notice by e-mail at helpme@lakesideit.net or mail at the
addresses listed on the contact page of our web site. Notice
of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use the Lakeside IT Ltd services
following notice of any revision to this Agreement or change
in service(s), you abide by any such revisions or changes.
You further agree that we, in our sole discretion, may modify
our Dispute Policy at any time. 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.
You acknowledge that 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.
7. Account 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 this information promptly 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. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address,
e-mail address, telephone number, and where available, fax
number; and
iii. The name, postal address, e-mail address, telephone
number, and where available, fax number of all contacts for
the domain name; and
iv. Valid payment information
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 the requested 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, telephone
number, and where available, fax number of the technical contact
for the domain name;
viii. The name, postal address, e-mail address, telephone
number, and where available, fax number of the zone contact
for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding
all other activity between you and us and third parties relating
to your domain name registration and related services.
c. Your Obligations Relating to the Account Information. In
the event that, in registering the domain name, you are providing
information about or on behalf of 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.
By registering a name or applying for services you also represent
that the statements in its application are true and you also
represent that the Domain Name is not being registered for
any unlawful purpose.
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 ten (10
) calendar days to inquiries by Lakeside IT Ltd 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. Privacy Policy: Disclosure and Use of Registration Information.
You agree and acknowledge that Lakeside IT Ltd will make available
domain name registration information you provide or that we
otherwise maintain to ICANN accredited registrar, 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 Lakeside IT Ltd 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 Lakeside IT Ltd 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
and other information by Lakeside IT Ltd.
You may access your domain name registration information
in our possession to review, modify or update such information,
by accessing your account at our web site (http://hosting.lakesideit.net).
In order to change any of your account information with us,
you must use your Account Identifier and Password that you
selected when you opened your account with us. Please safeguard
your Account Identifier and Password from any unauthorized
use. You agree that any person in possession of you Account
Identifier and Password will have the ability and your authorization
to modify your account information. In no event will we be
liable for the unauthorized use or misuse of your Account
Identifier or Password. Lakeside IT Ltd 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.
8. Ownership of Information and Data:
You agree and acknowledge that Lakeside IT Ltd 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, telephone number, and where available
fax number of all contacts 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.
Lakeside IT Ltd does not have any ownership interest in your specific
personal registration information outside of its rights in
our domain name database.
9. Agents and Licenses:
You agree that, if you are registering a domain name for
or on behalf of 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.
10. Announcements:
We reserve the right to distribute information to you that
is pertinent to the quality or operation of our services and
those of our service partners. These announcements will be
predominately informative in nature and may include notices
describing changes, upgrades, new products or other information
to add security or to enhance your identity on the Internet.
11. Limitation of Liability:
YOU AGREE THAT Lakeside IT Ltd WILL NOT BE LIABLE FOR ANY (1) SUSPENSION
OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2)
USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF
BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR
SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN
NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING
FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND Lakeside IT Ltd'S
CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS
OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE
OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION
OF THE DISPUTE POLICY. Lakeside IT Ltd 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 Lakeside IT Ltd HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL Lakeside IT Ltd'S MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION
OF THE DOMAIN NAME. 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 SMALLEST
AMOUNT PERMITTED BY LAW.
12. Indemnity:
You agree to release, indemnify, and hold all Registry Operators,
Lakeside IT Ltd, their contractors, agents, employees, officers, directors
and affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or
arising under this Agreement, the Lakeside IT Ltd services provided
hereunder or your use of the Lakeside IT Ltd services, including without
limitation infringement by you, or someone else using any
Lakeside IT Ltd service with your computer, of any intellectual property
or other proprietary right of any person or entity, or from
the violation of any Lakeside IT Ltd operating rule or policy relating
to the service(s) provided. When Lakeside IT Ltd is threatened with
suit by a third party, Lakeside IT Ltd may seek written assurances
from you concerning your promise to indemnify Lakeside IT Ltd; your
failure to provide those assurances may be considered by us
to be a breach of your Agreement and may result in deactivation
of your domain name. This indemnification is in addition to
any indemnification required under the Dispute Policy.
13. 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." EXCEPT FOR
OUR STATEMENT REGARDING OUR ACCREDITATION AS A RESELLER OF
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 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, Lakeside IT Ltd 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. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE Lakeside IT Ltd'S E-MAIL FORWARDING
OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Lakeside IT Ltd MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM Lakeside IT Ltd OR THROUGH THE
E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
14. Breach and Revocation:
Lakeside IT Ltd reserves the right to suspend, cancel, transfer or
modify your domain name registration or suspend, cancel or
modify other services we provide 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
Lakeside IT Ltd, (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 Lakeside IT Ltd) or registry administrator procedures approved
by an ICANN-adopted policy, (1) to correct mistakes by Lakeside IT Ltd,
another registrar or the registry administrator in administering
the name or (2) for the resolution of disputes concerning
the domain name.
You also agree that Lakeside IT Ltd 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 Lakeside IT Ltd 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.
15. Right Of Refusal:
We, in our sole discretion, reserve the right to refuse to
register or reserve your chosen domain name or register you
for other Lakeside IT Ltd service(s), or to delete your domain name
within thirty (30) calendar days from receipt of your payment
for such services. In the event we do not register or reserve
your domain name or register you for other Lakeside IT Ltd service(s),
or we delete your domain name or other Lakeside IT Ltd service(s)
within such thirty (30) calendar day period, we agree to refund
your applicable fee(s). You agree that we shall not be liable
to you for loss or damages that may result from our refusal
to register or reserve, or delete your domain name or register
you for other Lakeside IT Ltd service(s)
16. 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 Kingdom and Scotland, as if the
Agreement was a contract wholly entered into and wholly performed
within Scotland. 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 Lakeside IT Ltd
site shall be brought exclusively in a Scottish Court.
17. Notices:
You agree that any notices required to be given under this
Agreement by Lakeside IT Ltd to you will be deemed to have been given
if delivered in accordance with the contact information you
have provided.
18. Infancy:
You attest that you are of legal age to enter into this Agreement.
19. General:
This Agreement, Lakeside IT Ltd's Disclaimer and the Dispute Policy,
together with all modifications, constitute the complete and
exclusive agreement between you and Lakeside IT Ltd, 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 Lakeside IT Ltd 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 Lakeside IT Ltd 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.
Lakeside IT Ltd 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 Lakeside IT Ltd as
reflected in the original provision. This Agreement, Lakeside IT Ltd's
Disclaimer and the Dispute Policy may not be amended or modified
by you except by means of a written document signed by both
you and an authorized representative of Lakeside IT Ltd.
20. Additional Registry Requirements
Listed below are additional contractual requirements that
you, the registrant, must agree to should you desire to register
a domain name in these registries.
(.TV, .CC, .BZ, and .WS) In addition to the terms set forth
above, the following terms shall apply to registrants of .tv,
.cc, .bz, and .ws domain names. Your registration of a domain
name in the .TV, .CC, .BZ, or .WS top-level domain ("New
TLD Domain Name"), is subject to policies established
or revised from time to time by the registry for such New
TLD Domain Name ("New TLD Registry"), in its capacity
as the registry for its respective Top Level Domain. Each
respective New TLD Registry's current policies ("New
TLD Registry Policies") are available for you to review
at each New TLD's respective web site. You agree to be bound
by and comply with the applicable New TLD Registry Policies,
including amendments and modifications thereto, with respect
to your New TLD Domain Name registration. Such policies shall
not alter the terms and conditions of this Agreement. To the
extent there is a conflict between the New TLD Registry policies
and the terms of this Agreement, the terms of this Service
Agreement shall prevail. You agree that the New TLD Registry
has the right to enforce the New TLD Registry Policies.
(.INFO) Should you seek to register a .INFO second level domain
name you, the registrant, must also agree to the following
terms:
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.
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.
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.
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.
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.
(.BIZ) Should you seek to register a .BIZ second level domain
name you, the registrant, must also agree to the following
terms:
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:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property
of any kind; or,
b) the ordinary course of trade or business.Registering a
domain name solely for the purposes of
i. selling, trading or leasing the domain name for compensation,
or
ii. 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.
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
a. selling, trading or leasing the domain name for compensation,
or
b. 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
1. The domain name registrant has the authority to enter into
the registration agreement; and
2. the registered domain name is reasonably related to the
registrant's business or intended commercial purpose at the
time of registration.
PROVISION OF REGISTRATION DATA.
a) 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.
b) 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.
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;
and
(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 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.
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.
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.
RESERVATION OF RIGHTS. hosting.lakesideit.net 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 hosting.lakesideit.net and/or NeuLevel,
Inc., as well as their affiliates, subsidiaries, officers,
directors and employees. hosting.lakesideit.net and NeuLevel, Inc. also
reserve the right to freeze a domain name during resolution
of a dispute.
(.NAME) Should you seek to register a .NAME second level
domain name you, the registrant, must also agree to the following
terms:
DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered
marks to exclusively pre-register on the .name space and create
a protective barrier for their trademarks. A "Defensive
Registration" is a registration granted to a third party
of a specific string on the second or third level, or of a
specific set of strings on the second and third levels, which
will not resolve within the domain name system but may prevent
the registration of the same string(s) on the same level(s)
by other third party applicants.
PHASES OF DEFENSIVE REGISTRATIONS
(a) As a Defensive Registration Registrant ("Defensive
Registrant"), you hereby certify to the best of your
knowledge that for Phase I Defensive Registrations ("Phase
I Defensive Registrants"), you own valid and enforceable
trademark or service mark registrations having national effect
that issued prior to April 16, 2001 for strings that are identical
to the textual or word elements, using ASCII characters only,
subject to the same character and formatting restrictions
as apply to all registrations in the Registry TLD. You understand
that trademark or service mark registrations from the supplemental
or equivalent Registry of any country, or from individual
states or provinces of a nation, will not be accepted. Subject
to the same character and formatting restrictions as apply
to all registrations in the Registry TLD, if a trademark or
service mark registration incorporates design elements, the
ASCII character portion of that mark may qualify to be a Phase
I Defensive Registration.
(b) Phase II Defensive Registrants may apply for a Defensive
Registration for any string or combination of strings.
(c) Defensive Registrants, whether Phase I or Phase II shall
comply with the following Eligibility Requirements, available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
(i) There are two levels of Defensive Registrations, each
of which is subject to payment of a separate fee;
(ii) Multiple persons or entities may obtain identical or
overlapping Defensive Registrations upon payment by each of
a separate registration fee;
(iii) The Defensive Registrant must provide the information
requested in Section 3(a) below;
(iv) A Defensive Registration will not be granted if it conflicts
with a then-existing Personal Name Registration or other reserved
word or string.
PROVISION OF REGISTRATION DATA
(a) 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. You
must provide contact information, including name, email address,
postal address and telephone number, for use in disputes relating
to the Defensive Registration. You understand and agree that
this contact information will be provided as part of the Whois
record for the Defensive Registration. You further understand
that the foregoing registration data may be transferred outside
of the European Community, such as to the United States, and
you expressly consent to such export.
(b) In addition to the information provided in subsection
(a) above, Phase I Defensive Registrants must also provide
(1) the name, in ASCII characters, of the trademark or service
mark being registered; (2) the date the registration issued;
(3) the country of registration; and (4) the registration
number or other comparable identifier used by the registration
authority
(c) You hereby represent and warrant the data provided in
the registration application is true, correct, up-to-date
and complete and that you will continue to keep all of 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 (5) calendar days to our inquiries
addressed to the email address of the administrative, billing
or technical contact then appearing in the publicly available
Whois directory with respect to a Defensive Registration(s)
concerning the accuracy of contact details associated with
any such Defensive Registration(s) registered by or through
you or your account shall constitute a breach of this Agreement.
DOMAIN NAME DISPUTE POLICY
(a) If you registered a Defensive Registration, you agree
that: (i) the Defensive Registration will be subject to challenge
pursuant to the Eligibility Requirements Dispute Resolution
Policy ("ERDRP"); (ii) if the Defensive Registration
is successfully challenged pursuant to the ERDRP, the Defensive
Registrant will pay the challenge fees; and (iii) if a challenge
is successful, then the Defensive Registration will be subject
to the procedures described in Section 2(h) of Appendix L
to the agreement of Global Name Registry ("Registry Operator")
with the Internet Corporation for Assigned Names and Numbers
("ICANN"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
(b) You further agree that if a Phase I Defensive Registration
is successfully challenged on the basis that it did not meet
the applicable Eligibility Requirements, the Defensive Registrant
will thereafter be required to demonstrate, at its expense,
that it meets the Eligibility Requirements for Phase I Defensive
Registrations for all other Phase I Defensive Registrations
that it registered within .name through any Registrar. In
the event that the Defensive Registrant is unable to demonstrate
the foregoing with respect to any such Phase I Defensive Registration(s),
those Defensive Registration(s) will be cancelled.
(c) The ERDRP applies to, among other things, challenges to
Defensive Registrations within .name and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
DEFENSIVE REGISTRATION 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 Defensive Registration
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.
DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive Registration is challenged
by a third party, you will be subject to the provisions specified
in our Defensive Registration dispute policy in effect at
the time of the dispute. You agree that in the event a Defensive
Registration dispute arises with any third party, you will
indemnify and hold hosting.lakesideit.net 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 Defensive Registration,
you agree not to make any changes to your Defensive Registration
record without our prior approval. We may not allow you to
make changes to such Defensive Registration 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 Defensive 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 Defensive Registration and use of
our domain name registration services, we may deposit control
of your Defensive Registration record into the registry of
the judicial body by supplying a party with a Registrar certificate
from us.
CONSENT
Defensive Registrants may be asked to give their consent to
allow individuals to share a part of their space. For example,
if you have filed a Defensive Registration on PQR (which blocks
out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be
asked to give consent to John Pqr to register JOHN.PQR.name
if he can prove that PQR is his name. In such a circumstance,
you will have five (5) days to respond to a request for consent.
.name REGISTRATION RESTRICTIONS
Registrations in the .name TLD must constitute an individual's
"Personal Name". For purposes of the .name restrictions
(the "Restrictions"), a "Personal Name"
is a person's legal name, or a name by which the person is
commonly known. A "name by which a person is commonly
known" includes, without limitation, a pseudonym used
by an author or painter, or a stage name used by a singer
or actor.
.name CERTIFICATIONS
As a .name domain name Registrant, you hereby certify to the
best of your knowledge that:
(a) You have the authority to enter into this Agreement; and
(b) The registered domain name or second level domain ("SLD")
email address is your Personal Name.
PROVISION OF REGISTRATION DATA
(a) 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 the information contained in the Whois
directory, including: (i) your full name and postal address,
email address, voice telephone number, and fax number, if
available; (ii) the IP addresses and names of the primary
nameserver and any secondary nameserver(s) for the domain
name; (iii) the full name, postal address, email address,
voice telephone number, and fax number, if available, of the
technical contact for the domain name; (iv) the full name,
postal address, email address, voice telephone number, and
fax number if available of the administrative contact for
the domain name; (v) the name, postal address, email address,
voice telephone number, and fax number, if available, of the
billing contact for the domain name. You agree and understand
that the foregoing registration data will be publicly available
and accessible on the Whois directory as required by Internet
Corporation for Assigned Names and Numbers ("ICANN")/Registry
Policy. You further understand that the foregoing registration
data may be transferred outside of the European Community,
such as to the United States, and you expressly consent to
such export.
(b) You hereby represent and warrant the data provided in
the registration application is true, correct, up-to-date
and complete and that you will continue to keep all of 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 to our inquiries addressed to the email address
of the administrative, billing or technical contact then appearing
in the Whois directory with respect to a 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 an ICANN/Registry Policy.
DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .name 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:
(a) the Eligibility Requirements (the "Eligibility Requirements"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(b) the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain
names and Personal Name SLD email addresses will be granted
on a first-come, first-served basis, except for registrations
granted as a result of a dispute resolution proceeding or
during the landrush procedures in connection with the opening
of the Registry TLD. The following categories of Personal
Name Registrations may be registered: (i) the Personal Name
of an individual; (ii) the Personal Name of a fictional character,
if you have trademark or service mark rights in that character's
Personal Name; (iii) in addition to a Personal Name registration,
you may add numeric characters to the beginning or the end
of your Personal Name so as to differentiate it from other
Personal Names.
The ERDRP applies to challenges to (i) registered domain names
and SLD email address registrations within .name on the grounds
that a Registrant does not meet the Eligibility Requirements,
and (ii) to Defensive Registrations within .name.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other than Global
Name Registry ("Registry Operator") or Registrar
over the registration and use of an Internet domain name registered
by a Registrant.
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 or SLD email address 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.
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 Lakeside IT Ltd 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.
EMAIL FORWARDING
(a) The service for which you have registered may, at your
option, include Email Forwarding. To the extent you opt to
use Email Forwarding, you are obliged to do so in accordance
with all applicable legislation and are responsible for all
use of Email Forwarding, including the content of messages
sent through Email Forwarding.
(b) You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for Internet
and email usage. This includes, but is not limited to the
Acceptable Use Policy, available at _____________, as well
as the following restrictions. Without prejudice to the foregoing,
you undertake not to use Email Forwarding:
(i) to encourage, allow or participate in any form of illegal
or unsuitable activity, including but not restricted to the
exchange of threatening, obscene or offensive messages, spreading
computer viruses, breach of copyright and/or proprietary rights
or publishing defamatory material;
(ii) to gain illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks, including
all attempts at guessing passwords, checking or testing the
vulnerability of a system or network or breaching the security
or access control without the sufficient approval of the owner
of the system or network;
(iii) to interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail bombing,
flooding, Denial of Service (DoS) attacks, willful attempts
to overload another system or other forms of harassment; or
(iv) for spamming, which includes, but is not restricted to,
the mass mailing of unsolicited email, junk mail, the use
of distribution lists (mailing lists) which include persons
who have not specifically given their consent to be placed
on such a distribution list.
Users are not permitted to provide false names or in any other
way to pose as somebody else when using Email Forwarding.
(c) Registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with
a history of abuse from entering Registry Operator's Email
Forwarding. However, due to the nature of such systems, which
actively block messages, Registry Operator shall make public
any decision to implement such systems a reasonable time in
advance, so as to allow you or hosting.lakesideit.net to give feedback
on the decision.
(d) You understand and agree that Registry Operator may delete
material that does not conform to clause (c) above or that
in some other way constitutes a misuse of Email Forwarding.
You further understand and agree that Registry Operator is
at liberty to block your access to Email Forwarding if you
use Email Forwarding in a way that contravenes this Agreement.
You will be given prior warning of discontinuation of the
Email Forwarding unless it would damage the reputation of
Registry Operator or jeopardize the security of Registry Operator
or others to do so. Registry Operator reserves the right to
immediately discontinue Email Forwarding without notice if
the technical stability of Email Forwarding is threatened
in any way, or if you are in breach of this Agreement. On
discontinuing Email Forwarding, Registry Operator is not obliged
to store any contents or to forward unsent email to you or
a third party.
(e) You understand and agree that to the extent Registry Operator
is required by law to disclose certain information or material
in connection with your Email Forwarding, Registry Operator
will do so in accordance with such requirement and without
notice to you.
RESERVATION OF RIGHTS
hosting.lakesideit.net and Registry Operator Operator, expressly reserve
the right to deny, cancel or transfer any Defensive 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 hosting.lakesideit.net and/or Registry Operator, as well
as their affiliates, subsidiaries, officers, directors and
employees. hosting.lakesideit.net and Registry Operator also reserve
the right to freeze a Defensive Registration during a resolution
of a dispute.
LIMITATION OF LIABILITY
You agree that Registry Operator will have no liability of
any kind for any loss or liability resulting from (i) the
processing of Defensive Registration requests prior to live
SRS launch, including, without limitation, your ability or
inability to obtain a Registered Name or SLD email address
registration using these processes; or (ii) any dispute over
any .name domain name, SLD email address, Defensive Registration
or NameWatch Registration, including the decision of any dispute
resolution proceeding related to any of the foregoing.
INDEMNIFICATION
You agree to indemnify, 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 your registration. This indemnification
obligation will survive the termination or expiration of this
Agreement.
COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
(a) ICANN standards, policies, procedures, and practices for
which Registry Operator has monitoring responsibility in accordance
with the Registry Agreement or under any other arrangement
with ICANN; and
(b) operational standards, policies, procedures, and practices
for the Registry TLD established from time to time by Registry
Operator in a non-arbitrary manner and applicable to all Registrars,
including affiliates of Registry Operator, and consistent
with ICANN's standards, policies, procedures, and practices
and Registry Operator's Registry Agreement with ICANN. Among
Registry Operator's operational standards, policies, procedures,
and practices are those set forth in Exhibit E of the Registry-Registrar
Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational standards,
policies, procedures, and practices for the Registry TLD shall
be effective upon thirty (30) days notice by Registry Operator
to Registrar.
(.US) Should you seek to register a .US second level domain
name you, the registrant, must also agree to the following
terms:
Representations and Warranties.
You represent and certify that, to the best of your knowledge
and belief, (i) neither the registration of the domain name
nor the manner in which it is directly or indirectly used
infringes the legal rights of any third party, (ii) you have
the requisite power and authority to enter into this Agreement
and to perform the obligations hereunder, (iii) you have and
shall continue to have a lawful bona fide U.S. Nexus as defined
in the "usTLD Nexus Requirements" , (iv) you are
of legal age to enter into this Agreement, and (vi) you agree
to comply with all applicable laws, regulations and policies
of hosting.lakesideit.net, and the usTLD Administrator.
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) the Registered Name; (ii) the names of the primary
nameserver and secondary nameserver(s) for the Registered
Name; (iii) your name and postal address; (iv) the name, postal
address, e-mail address, voice telephone number, and (where
available) fax number of the technical contact for the Registered
Name; (v) the name, postal address, e-mail address, voice
telephone number, and (where available) fax number of the
administrative contact for the Registered Name; (vi) the name,
postal address, e-mail address, voice telephone number, and
fax number if available of the billing contact for the Registered
Name; (vii) any remark concerning the registered domain name
that should appear in the Whois directory; and (viii) any
other data NeuStar, as the Registry, requires be submitted
to it, including specifically information regarding the primary
purpose for which a domain name is registered (e.g., business,
education, etc.). You agree and understand that the foregoing
registration data will be publicly available and accessible
on the Whois directory pursuant to the DoC/Registry Policy.
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 Department of Commerce Contract with the
Registry or any USTLD Administrator/DoC Policy.
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 a 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.
Government Use of Data.
You understand and agree that the U.S. Government shall have
the right to use, disclose, reproduce, prepare derivative
works, distribute copies to the public, and perform publicly
and display publicly, in any manner and for any purpose whatsoever
and to have or permit other to do so, all Data provided by
Registrant. "Data" means any recorded information,
and includes without limitation, technical data and computer
software, regardless of the form or the medium on which it
may be recorded.
Licensing of a Domain Name.
If you intend to license use of a domain name to a third party,
you nonetheless are the registrant of record and are responsible
for providing full contact information and for providing and
updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that
arise in connection with the domain name. You shall accept
liability for harm caused by wrongful use of the domain name,
unless you promptly disclose the identity of the licensee
to a party providing you reasonable evidence of actionable
harm
Domain Name Dispute Policy.
If you reserved or registered a .us 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 policies of the usTLD Administrator
as documented on its website, www.neustar.us, as they may
be amended from time to time, and which are hereby incorporated
and made an integral part of this Agreement.
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.
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, including Registry policies incorporated
by reference. 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 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.
Jurisdiction.
For the adjudication of disputes concerning or arising from
use of the domain name, you shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the Registrant's domicile, (2) the State
of Washington, and 3) the Commonwealth of Virginia.
Suspension, Cancellation or Transfer.
You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant
to any usTLD Administrator adopted specification or policy,
or pursuant to any registrar or usTLD Administrator procedure
not inconsistent with a usTLD Administrator adopted specification
or policy, (1) to correct mistakes by Registrar or the usTLD
Administrator in registering the name or (2) for the resolution
of disputes concerning the domain name.
Indemnification.
The Registrant shall indemnify and hold harmless the hosting.lakesideit.net
and the usTLD Administrator and their directors, officers,
employees, representatives, agents, affiliates, and stockholders
from and against any and all claims, suits, actions, other
proceedings, damages, liabilities, costs and expenses of any
kind, including without limitation reasonable legal fees and
expenses, arising out of or relating to the Registrant's (i)
domain name registration and (ii) use of any of a domain name.
Reservation by usTLD Administrator.
hosting.lakesideit.net and usTLD Administrator reserve the right to deny,
cancel or transfer any registration that they deem necessary,
in their discretion, (1) to protect the integrity and stability
of the registry, (2) to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance
with any dispute resolution process, (3) to avoid any liability,
civil or criminal, on the part of usTLD Administrator or hosting.lakesideit.net,
as well as their affiliates, subsidiaries, officers, directors,
representatives, employees, and stockholders, (4) for violations
of this Agreement, or (5) to correct mistakes made by usTLD
Administrator or any registrar in connection with a domain
name registration. usTLD Administrator and hosting.lakesideit.net also
reserve the right to freeze a domain name during resolution
of a dispute.
(.NU) Should you seek to register a .NU second level domain
name you, the registrant, must also agree to these terms.
(.UK) In addition to the general terms and conditions of agreement
with Lakeside IT Ltd listed in Sections 1 through 19 above, you agree
to the following terms and conditions for registrations in
.UK WITH THE FOLLOWING IMPORTANT MODIFICATION: You also agree
that .uk domains which are not renewed will be deleted one
day before the scheduled expiration date. For example: You
register a .UK domain on April 9, 2003, for two years. Then,
on April 7, 2005, you renew the domain for an additional one
year. Your domain will then be scheduled to expire on April
9, 2006. If, however, you do not renew your domain on April
7, 2005, it will be deleted on April 8, 2005. The reason for
this is that Nominet uses a non-real-time email-based system
to make status changes in the .UK registry. The combination
of this email-based system and Nominet's policy on renewals
means that we will be charged for a renewal unless the name
is deleted (via instructions in an email) prior to the end
of the registration period which is then in effect. As a consequence,
if we do not receive your renewal instructions prior to one-day
before the end of the registration period, we will send the
delete instruction one-day before the end of the registration
period then in effect. Also, all .UK registrations are bound
to a different Dispute Policy than the one outlined in section
4 above. Section 4 will still apply when registering any .UK
domain however Nominet's Dispute Policy shall be applied instead
of the Uniform Domain Name Dispute Resolution Policy.
(.CN) Should you seek to register a .CN second or third level
domain name you, the registrant, must also agree to the .CN
end user agreement.
Representations and Warranties. You represent and certify
that, to the best of your knowledge and belief, (i) neither
the registration of the domain name nor the manner in which
it is directly or indirectly used infringes the legal rights
of any third party, (ii) you have the requisite power and
authority to enter into this Agreement and to perform the
obligations hereunder, (iii) you are of legal age to enter
into this Agreement, and (vi) you agree to comply with all
applicable laws, regulations and policies of the Peoples Republic
of China's governmental agencies and the China Internet Network
Information Center ("CNNIC"), including but not
limited to the following rules and regulations: (i) China
Internet Domain Name Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml);
(ii) CNNIC Detailed Rules of Internet Domain Name Registration
Administration (currently at http://www.cnnic.net.cn/ruler/16.shtml);
(iii) CNNIC Domain Name Dispute Resolution Policy (currently
at http://www.cnnic.net.cn/doc/e-10.shtml); and (iv) Rules
for CNNIC Domain Name Dispute Resolution Policy (currently
at http://www.cnnic.net.cn/doc/e-9.shtml).
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) the Registered
Name; (ii) the names of the primary nameserver and secondary
nameserver(s) for the Registered Name; (iii) your name, postal
address, e-mail address, voice telephone number and (where
available) fax number; (iv) the name, postal address, e-mail
address, voice telephone number, and (where available) fax
number of the technical contact for the Registered Name; (v)
the name, postal address, e-mail address, voice telephone
number, and (where available) fax number of the administrative
contact for the Registered Name; (vi) the name, postal address,
e-mail address, voice telephone number, and fax number if
available of the billing contact for the Registered Name;
(vii) any remark concerning the registered domain name that
should appear in the Whois directory; and (viii) any other
data CNNIC, as the Registry, requires be submitted to it.
You agree and understand that the foregoing registration data
will be publicly available and accessible on the Whois directory
pursuant to the CNNC Policy. 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 CNNIC.
Business or Organization Representation: The .cn top-level
domain space is intended for businesses and organizations
and not for individual use. By registering a .cn domain name,
you hereby represent that you have registered the domain name
on behalf of a business or organization.
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 a 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.
Maximum Term: The maximum term for a domain name registration
in the .cn TLD shall be five (5) years. Domain Name Registrations
shall be available for terms of one, two, three, four and
five years.
Prohibited Uses for .cn domain name. Registrant may not register
or use a domain name that is deemed by CNNIC to:
Be against the basic principles prescribed in the Constitution
of the Peoples Republic of China ("PRC");
Jeopardize national security, leak state secrets, intend to
overturn the government, or disrupt of state integrity of
the PRC;
Harm national honor and national interests of the PRC;
Instigate hostility or discrimination between different nationalities,
or disrupt the national solidarity of the PRC;
Violate the PRC's religion policies or propagate cult and
feudal superstition;
Spread rumors, disturb public order or disrupt social stability
of the PRC;
Spread pornography, obscenity, gambling, violence, homicide,
terror or instigate crimes in the PRC;
Insult, libel against others and infringe other people's legal
rights and interests in the PRC; or
Take any other action prohibited in laws, rules and administrative
regulations of the PRC.
True Registrant of Domain Name. By registering a .cn domain
name, you shall be the registrant of record and responsible
for providing full contact information and for providing and
updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that
arise in connection w |