This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the domain name registration services of NICregistration.com (hereinafter "NIC") to register an Internet domain name, as well as your registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule, dispute policy and any rules or policies that are or may become effective when published by NIC.

 

1. About NICregistration.com

 

NICregistration.com is a wholesale registrar working with an acredited member of the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net, and .org Top Level Domains ("TLD") pursuant to agreement. ICANN oversees the .com, .net and .org TLDs. You agree that NICregistration.com may modify this Agreement as necessary to comply with ICANN terms and regulations. All domain name registrations we register for .com, .net and .org are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the .com, .net or .org TLDs, as applicable, and the registry administrator puts into effect your domain name registration. NIC 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.

 

2. Selection of a Domain Name

 

We 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 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 indemnify us, pursuant to the indemnification provision below.

 

3. Information You Are Required to Submit

 

1. As part of the registration process, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:
1. Your full name, postal address, e-mail address, voice telephone number and fax number, if available, of the applicant;
2. The domain name being registered; and
3. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact and billing contact for the domain name.

 

You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed.

2. 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:
1. The original creation date of the registration;
2. The submission date and time of the registration application to us and by us to the proper registry;
3. Communications (electronic or paper form) constituting registration order, modifications or terminations and related correspondence between you and us;
4. Records of accounts for your domain name registration, including dates and amounts of all payments and refunds;
5. The IP addresses of the primary nameserver and any secondary nameservers for the domain name;
6. The corresponding names of those nameservers;
7. The name, postal address, e-mail address, voice telephone number, and where available, fax numbers of the technical contact for the domain name;
8. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
9. The expiration date of the registration;
10. Information regarding all other activity between you and us regarding your domain name registration and related services.

3. Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have (1) provided notice to that third party of the disclosure and use of the party’s information as set forth in this Agreement, and (2) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement.

 

You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries byNIC 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.

 

4. Disclosure and Use of Registration Information. You agree and acknowledge that NIC will make available domain name registration information you provide or that we otherwise maintain to ICANN, to registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that NIC 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. However, you may elect to have such data concerning your registration not made available for bulk access. In order to exercise your option to "opt-out", you should make that election on your application form or it is waived.

 

Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that NIC may or must make available to the public or to private entities, and the manner in which such information is made available.

 

You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by NICregistration.com.

 

You may access your domain name registration information in NIC’s possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available at our Web site.

 

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.

 

NIC 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.

 

4. Fees and Payment

 

As consideration for the domain name registration services provided by NIC to you, you agree to pay NIC, at the time of submitting your application for registration, the fee as set forth in the NIC PRICE SCHEDULE, which is incorporated into this Agreement by reference, 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, canceled or transferred prior to the end of your then current registration term. NIC 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 use of our services after any such changes become effective will be deemed your acceptance of those charges.

 

Your requested domain name will not be registered until we receive actual payment of the registration fee. 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 NIC as the paying entity for that registration. 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 as set forth in the PRICE SCHEDULE.

 

You will be notified when renewal fees are due. Should these fees go unpaid within the time specified in a notice regarding renewal, your registration will be canceled. 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 domain 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 attempt to contact you to update this information and charge you accordingly.

 

5. Dispute Policy

 

You agree to be bound by the NIC Domain Name Dispute Policy ("Dispute Policy"), which is hereby incorporated by reference and made a part of this Agreement. The Dispute Policy may be found at our web site. You agree that any disputes regarding the right to use your chosen domain name are subject to the Dispute Policy provisions in effect at the time your domain name registration is disputed by a third party, in the event such a dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold NIC harmless pursuant to the indemnification provision below.

 

6. Changing Registrars.

 

You agree that you will be prohibited from changing the Registrar of your domain name for 60 days following the initial registration of the domain name with NIC. Beginning on the 61^st day following initial registration, you may transfer your domain name to another Registrar subject to the following conditions. You will provide express authorization for the transfer of a domain name to the gaining Registrar and provide a copy of such authorization to NIC. Your request to change Registrars may be denied in situations described in the Dispute Policy; your pending bankruptcy; a dispute over the identity of the domain name holder; and default in the payment of any fees due.

7. Change of Ownership

 

Prior to the effectiveness of any transfer of ownership of your domain name to another entity, you will pay NIC the then-current amount set forth in the PRICE SCHEDULE for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name (the "Transferee") shall agree in writing to be bound by all terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determine by NIC in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain name registration without paying NIC the then-current amount set by NIC for the transfer of ownership of a domain name, or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and will result in you domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name.

 

8. Modifications to Agreement, Price Schedule and Dispute Policy

 

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement, the Price Schedule and Dispute Policy; 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 NIC web site. You agree to review NIC’s web site periodically to be aware of any such revisions. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement, Price Schedule and the Dispute Policy with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be canceled 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, Price Schedule or Dispute Policy.

 

9. Ownership of Data

 

You agree and acknowledge that NIC owns all databases, compilations, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the Registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameserver for the domain name, and the corresponding names of those nameservers. NIC does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.

 

10. Acceptable Use Policy

 

NIC reserves the right to suspend or cancel your domain name in the event you intentionally register a domain name for one or more of the following purposes

a To send unsolicited e-mailings to more than twenty-five (25) e-mail users, if such unsolicited e-mailings could reasonably be expected to provoke complaints;

2. The falsification of user information provided to NIC or to other users of the service in connection with use of an NIC service;
3. The use of NIC services for illegal activities and activities harmful to others computers, data, software or networks including but not limited to hacker activities, virus creation and distribution, denial of services attacks, e-mail bombs etc.;
4. To use NIC services to post the following on the Internet:

1. Copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, serial or registration numbers for software programs, copyrighted music, copyrighted images; copyrighted texts etc.

1. Displaying material that exploits children under 18 years of age;
2. Displaying material that is obscene;

4. Providing material that is offensive to the online community, including but not limited to profanity, bigotry, prejudice, racism, hatred, etc.

5. Promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals;

6. Defaming any person or group;

1. Promoting or soliciting for participation in multilevel marketing or pyramid schemes.

1. Gathering personally identifiable information for unlawful purposes.

 

5. You agrees to use NIC services only for lawful purposes. NIC reserves the right to terminate any account for which a hosted domain is found to be in violation of any U.S. or state statute or regulation, including but not limited to material in violation of U.S. copyright law, and material legally judged to be threatening or obscene.

 

11. Agents and Licenses

 

You agree that, if you are registering a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

 

12. Limitation of Liability

 

YOU AGREE THAT NIC WILL NOT BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF A DOMAIN NAME REGISTRATION; (B) USE OF YOUR DOMAIN NAME; (C) INTERRUPTION OF BUSINESS OR BUSINESS LOSSES; (D) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO NIC’s REGISTRATION SYSTEM; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION BETWEEN YOU AND NIC; (E) EVENTS BEYOND NIC’S REASONABLE CONTROL; (F) THE PROCESSING OF THIS APPLICATION; (G) THE PROCESSING OF ANY MODIFICATION TO YOUR ACCOUNT ASSOCIATED WITH YOUR DOMAIN NAME; (H) LOSS OR LIABILITY FROM ACTS OF GOD; (I) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT; OR (J) APPLICATION OF THE DISPUTE POLICY.

 

NIC 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 NIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY SERVICES PROVIDED BY NIC UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES. IN NO EVENT SHALL NIC’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR INITIAL REGISTRATION OF THE DOMAIN NAME, AND ANY RENEWALS THEREOF IN THE PAST FIVE YEARS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

 

13. Indemnification

 

You hereby agree to defend, indemnify and hold harmless NIC, All West Communications, Inc. and the domain name Registry, Network Solutions, Inc, their respective officers, directors, employees, agents, subsidiaries, parents and affiliated companies, (collectively the "Indemnified Parties"), from any and all claims, demands, loss, errors, omissions, causes of action, judgments or awards, including attorneys’ fees and expenses resulting from any claim, demand or action arising out of or in any way related to the registration, claim to or use of the domain name. Such claims shall include, but shall not be limited to, claims based upon trademark or service mark infringement, tradename infringement, dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or any other claim of damage to business. The Indemnified Parties shall provide written notice to you of any such claim, demand or action and you shall thereafter promptly assume the above obligations. The failure of any Indemnified Party to give notice shall not affect the rights of the other Indemnified Party.

 

14. 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. You also attest that you are of legal age to enter into this Agreement.

 

You agree that your use of our services is solely at your own risk. You agree that such services are provided on an "as is," "as available" basis. NIC expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. NIC makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor does NIC make any warranty as to the results that may be obtained from the use of the services. Without any limitation to the foregoing, NIC makes no representations or warranties of any kind that registration or use of a domain name under this Agreement will protect you either from challenges to your domain name registration or from suspension, cancellation or transfer of the domain name registered to you.

 

15. Breach and Revocation

 

NIC reserves the right to suspend, cancel, transfer or modify your domain name registration in the event: (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by NIC; (b) you violate the Acceptable Use provisions above, including but not limited to the use of your domain name in connection with unlawful activity; or (c) other grounds arise for 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 NIC) or registry administrator procedures approved by an ICANN-adopted policy, or by any other TLD registry administrator procedures as the case may be, (a) to correct mistakes by NIC, another registrar or the registry administrator in administering the name or (b) for the resolution of disputes concerning the domina name.

 

You also agree that NIC 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 NIC 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.

 

16. Governing Law

 

This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Utah, except as may be set forth in the Dispute Policy. 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 NIC site shall be brought exclusively in the United State District Court for the District of Utah, or if there is no jurisdiction in such court, then in a state court in Salt Lake County, Utah.

 

17. Notices

 

You agree that any notices required to be given under this Agreement by NIC will be deemed to have been given if delivered in accordance with the contact information you have provided.

 

18. Severability

 

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. 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 Agreement unenforceable or invalid as a whole.

 

19. Non-Agency

 

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

 

20. Non-Waiver

 

The failure of NIC 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 NIC of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

 

21. Entire Agreement

 

You agree that this Agreement, and the Dispute Policy are the complete and exclusive agreement between you and us regarding our services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of NIC.