Domaininfo
AB - domaininfo.com
AGREEMENT AND
CONDITIONS REGARDING DOMAIN NAME REGISTRATION FOR .INFO, .COM, .BIZ, .NET AND
.ORG
GENERAL
This agreement is submitted by Domaininfo AB (hereafter referred to as "Domaininfo")
regarding applications to register domain names via the Internet. To the extent
that the domain is registered in the Registry System for the User, the User
accepts the conditions and regulations concerning resolution of disputes, contained
in the Dispute Policy below.
A domain name (hereafter referred to as "SLD" - second level domain)
may consist of up to 64 characters, comprising the letters a to z, the hyphen
symbol (-), and the numbers 0 to 9.
Generally speaking, any entity, including both private persons and various types
of organisations, can register an unlimited number of SLDs under .info, .com,
.net, and .org. A .biz domain can be registered for bona fide business or commercial
purposes.
Special regulations adhere to the registration under each top level domain.
Those regulations are specified below under "ADDITIONAL REGISTRY REQUIREMENTS".
The so-called top level domains .info, .com, .biz, .net, and .org are generally
referred to as generic top level domains (international).
FEES AND PAYMENT
The User agrees to pay the annual fee for two years registration at the current
pricing from time to time given at http://domaininfo.com/info_lista.asp when
registering a new SLD.
The fee for registering a new SLD covers a two years registration period and
is non-refundable. Registration can be renewed for a fee. The User is responsible
for renewing any registrations before the current registration period expires.
Payment is to be made in advance; by credit card or by direct bank deposit of
the appropriate amount into Domaininfo's bank account in accordance with the
instructions contained in the application section. A registered SLD cannot be
changed. Instead, a new SLD must be applied for.
BREACH AND REVOCATION
Each breach of this Agreement, irrespective of when it occurs/has occurred or
what form it takes, will be considered serious and the User will receive written
notice from Domaininfo regarding the breach. If the breach is not rectified
within the allotted period of 30 days, Domaininfo retains the right to delete
the User's SLD(s).
THIRD PARTIES
The User agrees that a SLD must be relinquished if a third party can claim more
right- in accordance with the Dispute Policy - to a SLD, than the User.
THIRD PARTY RIGHTS
The User is assumed to have understood that registering a SLD does not limit
a third party from challenging the right to register or use the said SLD.
The SLD holder represent that, to the best of the SLD holder's knowledge and
belief, neither the registration of the SLD name nor the manner in which it
is directly or indirectly used infringes the legal rights of a third party.
REPRESENTATIONS AND WARRANTIES
The User represents and warrants that all information provided in connection
with an application (including: the full name, postal address, e-mail address,
voice telephone number, and fax number if available of the SLD holder; name
of authorized person for contact purposes in the case of an SLD holder that
is an organization, association, or corporation; the name of the SLD, the full
name, postal address, e-mail address, voice telephone number, and fax number
if available of the SLD technical and administrative contact, the IP addresses
of the primary nameserver and secondary nameservers for the SLD, the corresponding
names of those nameservers, the identity of Domaininfo, the original creation
date of the registration, and the expiration date of the registration) to register
a SLD is accurate and that Domaininfo will be provided with written notification
of any changes concerning such information thereafter.
The User is responsible for ensuring that any notified changes are duly implemented.
The User and any contact persons associated with a SLD agree to their personal
details and other SLD data being registered are made publicly available via
the Internet for inspection and other purposes as required or permitted by ICANN
(The Internet Corporation for Assigned Names and Numbers) and applicable laws.
Registered data about the registered SLD holder and associated contacts can
be rectified via the website http://domaininfo.com using the user ID and password
distributed via email upon SLD application.
It is the User's responsibility to obtain permission from the contact persons
for such publication before submitting an application.
Any SLD holder that intends to license use of a SLD to a third party is nonetheless
the SLD holder of record and is responsible for providing its own 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 SLD. An SLD holder licensing use of an SLD
according to this provision shall accept liability for harm caused by wrongful
use of the SLD, unless it promptly discloses the identity of the licensee to
a party providing the SLD holder reasonable evidence of actionable harm.
Domaininfo will not process any personal data collected from the SLD holder
or associated contacts in any way incompatible with the above purposes and limitations.
Domaininfo will also take reasonable precautions to protect personal data from
loss, misuse, unauthorized access or disclosure, alteration or destruction.
DELETION
The User accepts that Domaininfo may delete the User's registered SLD(s) if
information provided by the User proves to be inaccurate or misleading, as judged
by Domaininfo.
The SLD holder agrees that its registration of the SLD name shall be subject
to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy,
or pursuant to any registrar or registry procedure not inconsistent with an
ICANN-adopted policy, (1) to correct mistakes by Domaininfo or the Registry
in registering the name or (2) for the resolution of disputes concerning the
SLD name.
REGISTRATION
The User accepts that Domaininfo has the right, without special cause, to refuse
to register the SLD that the User submits.
AGENTS
The User accepts all parts and terms of this agreement. This applies regardless
of the form of submission the User's application takes (via an agent or other
representative, for example).
VALIDITY
The User accepts that if a part of this agreement is revoked, the remainder
of the agreement will continue to be valid. The User further accepts that alterations
by Domaininfo will become a part of the existing agreement without Domaininfo
being required to specifically notify the User of such alterations.
If the User is not willing to accept such alterations, then upon receiving written
confirmation from the User, Domaininfo will delete the User's SLD.
LIMITATION OF LIABILITY
The User, when submitting an application, registering a SLD, or performing any
other related task, agrees to indemnify Domaininfo and the employees and agents
of Domaininfo from any claims for damages of any form.
To the extent that the User accepts the preceding clause yet still finds extenuating
circumstances justifying the pursuit of damages, and an applicable channel through
which to claim said damages, damages will be limited to a monetary value not
to exceed US$500.
GUARANTEE, COMPENSATION
The User guarantees to fully, continually, and ultimately compensate Domaininfo
and the employees and agents of Domaininfo with regards to the registration
of a SLD, or any connected activity, that results in a dispute with a third
party.
ENTIRETY
The User accepts that this agreement, together with the Dispute Policy, is the
only and complete agreement between the User and Domaininfo with regards to
applying for and registering a SLD. This agreement and the Dispute Policy supersede
any other agreements, contracts, laws, commercial customs, or practices.
GOVERNING LAW, FORUM
For the adjudication of disputes concerning or arising from use of the SLD name,
the SLD holder shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile
and (2) Domaininfo's domicile.
The User accepts that Swedish law be applied regarding this agreement and Dispute
Policy and that all disputes will be resolved by Gothenburg City Court (Göteborgs
tingsrätt) unless otherwise stated in this agreement.
EXTENT
This is version 2.1 of this agreement regarding the registration of SLDs under
the top level domains .info, .com, .biz, .net, and .org.
In submitting an application to register a SLD, the User also certifies that
he or she has read and understood the contents of this agreement and Dispute
Policy.
ADDITIONAL REGISTRY REQUIREMENTS
Listed below are additional contractual requirements that you the registrantmust
agree to should you desire to register a domain name in these registries.
A. (.INFO)
Should you seek to register a .INFO second level domain name,registrant must
contractual agree to the following terms:
1. Registrant consents to the use, copying, distribution, publication, modification,
and other processing of Registered Domain Name Holder's Personal Data by Afilias,
the .INFO Registry Operator, and its designees and agents in a manner consistent
with the purposes specified pursuant in its contract.
2. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name
Dispute Policy (UDRP) and comply with the requirements set forth by Afilias
for domain names registered during the Sunrise Period, including the mandatory
Sunrise Dispute Resolution Policy. These policies are subject to modification.
3. Registrant agrees to immediately correct and update the registration information
for the Registered Name during registration term for the Registered Name, failure
to correct this information shall constitute a breach of this Agreement.
4. Registrant acknowledges that Afilias, the registry operator for .INFO, will
have no liability of any kind for any loss or liability resulting from the proceedings
and processes relating to the Sunrise Period or the Land Rush Period, including,
without limitation: (a) the ability or inability of a registrant to obtain a
Registered Name during these periods, and (b) the results of any dispute over
a Sunrise Registration.
5. Domaininfo 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 Domaininfo and/or Afilias
as well as their affiliates, subsidiaries, officers, directors and employees.
Domaininfo and Afilias also reserve the right to freeze a domain name during
resolution of a dispute
B. (.BIZ)
Should you seek to register a .BIZ second level domain name, registrant must
contractual agree to the following terms:
1. BIZ RESTRICTIONS. Registrations in the .biz TLD must be used orintended
to be used primarily for bona fide business or commercial purposes. For purposes
of the .biz Registration Restrictions ("Restrictions"), "bonafide
business or commercial use" shall mean the bona fide use or bona fide intent
to use the domain name or any content, software, materials, graphics or other
information thereon, to permit Internet users to access one or more host computers
through the DNS: a) To exchange goods, services, or property of any kind; b)
In the ordinary course of trade or business; or c) To facilitate (i) the exchange
of goods, services, information, or property of any kind; or, (ii) the ordinary
course of trade or business.
Registering a domain name solely for the purposes of (1) selling, trading or
leasing the domain name for compensation, or (2) the unsolicited offering tosell,
trade or lease the domain name for compensation shall not constitute a "bona
fide business or commercial use" of that domain name.
2. BIZ CERTIFICATION. As a .biz domain name registrant, you hereby certify
to the best of your knowledge that: (a) The registered domain name will be used
primarily for bona fide business or commercial purposes and not (i) exclusively
for personal use; or(ii) solely for the purposes of (1) selling, trading or
leasing the domain name for compensation, or (2) the unsolicited offering to
sell, trade or lease the domain name for compensation. For more information
on the .biz restrictions, which are incorporated herein by reference, please
see: http://www.neulevel.com/countdown/registrationRestrictions.html (b) The
domain name registrant has the authority to enter into the registration agreement;
and (c) The registered domain name is reasonably related to the registrant's
business or intended commercial purpose at the time of registration.
3. PROVISION OF REGISTRATION DATA.
3.1. Provision of Registration Data. As part of the registration process, you
are required to provide us with certain information and to update this information
to keep it current, complete and accurate. This information includes (i) your
full name, postal address, e-mail address, voice telephone number, and fax number
if available; (ii) the name of an authorized person for contact purposes in
the case of a registrant that is an organization, association, or corporation;
(iii) the IP addresses of the primary nameserver and any secondary nameserver(s)
for the domain name; (iv) the corresponding names of those nameservers; (v)
the full name, postal address, 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.
3.2 Inaccurate or Unreliable Data. You hereby represent and warrant that the
data provided in the domain name registration application is true, correct,
up to date and complete and that you will continue to keep all the information
provided up to date. Your willful provision of inaccurate or unreliable information,
your willful failure promptly to update information provided to us, or any failure
to respond for over five calendar days to our inquiries addressed to the e-mail
address of the administrative, billing or technical contact then appearing in
the Whois directory with respect to 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 any ICANN/RegistryPolicy.
4. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain
name through us, you agree to be bound by our current domain name dispute policy
that is incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with that policy. In addition,
you hereby acknowledge that you have read and understood and agree to be bound
by the terms and conditions of the following documents, as they may be amended
from time to time, which are hereby incorporated and made an integral part of
this Agreement: (i) The Uniform Domain Name Dispute Resolution Policy, available
at http://www.icann.org/udrp/udrp.htm.(ii) The Start-up Trademark Opposition
Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html;
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 Domaininfo) 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. Inaccordance 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 Domaininfo 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 enforcedon 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 domainname
is being used in compliance with the SUDRP or UDRP processes.
5. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our
sole discretion, may modify our dispute policy. We will post any such revised
policy on our Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the reservation or registration of
your domain name after modifications to the dispute policy become effective,
you have agreed to these modifications. You acknowledge that if you do not agree
to any such modification, you may terminate this Agreement. We will not refund
any fees paid by you if you terminate your Agreement with us.
6. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name
registration services is challenged by a third party, you will be subject to
the provisions specified in our dispute policy in effect at the time of the
dispute. You agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the terms and conditions
set forth below in this Agreement. If we are notified that acomplaint has been
filed with a judicial or administrative body regarding your use of our domain
name registration services, you agree not to make any changes to your domain
name record without our prior approval. We may not allow you to make changes
to such domain name record until (i) we are directed to do so by the judicial
or administrative body, or (ii) we receive notification by you and the other
party contesting your registration and use of our domain name registration services
that the dispute has been settled. Furthermore, you agree that if you are subject
to litigation regarding your registration and use of our domain name registration
services, we may deposit control of your domain name record into the registry
of the judicial body by supplying a party with a registrar certificate from
us.
7. RESERVATION OF RIGHTS. Domaininfo 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 Domaininfo and/or
NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors
and employees. Domaininfo and NeuLevel, Inc. also reserve the right to freeze
a domain name during resolution of a dispute.
C. (.COM, .NET and .ORG)
1. DISPUTE POLICY: rules for resolving disputes
The User agrees, at all times, to follow the existing rules for dispute resolution
with regards to SLD registration. See http://domaininfo.com/legal/en/disputepolicy/
The User accepts, accordingly, occasional alterations to the Dispute Policy
without special notification being made. If the User can or will not accept
such alterations, Domaininfo will delete the User's SLD after written confirmation
from the User.
2. LIMITATION OF LIABILITY
The User, when submitting an application, registering a SLD, or performing any
other related task, agrees to indemnify Domaininfo, VeriSign,
Inc., and directors, officers, employees, agents and affiliates of each
from any claims for damages of any form.
To the extent that the User accepts the preceding clause yet still finds extenuating
circumstances justifying the pursuit of damages, and an applicable channel through
which to claim said damages, damages will be limited to a monetary value not
to exceed US$500.
3. GUARANTEE, COMPENSATION
The User guarantees to fully, continually, and ultimately compensate Domaininfo,
Verisign, Inc., and the employees and agents of each of them with regards to
the registration of a SLD, or any connected activity, that results in a dispute
with a third party.
4. MULTILINGUAL DOMAIN NAMES
Registrants who register a multilingual domain name (herafter referred to as
"ML Registrations") acknowledge that the system is currently in a
testbed phase, is subject to change and that future changes to standards by
the Internet Engineering Task Force (IETF) may cause the registrant's domain
name registration to become invalid and be deleted or may require changes to
the internal representation of a domain name, or may require a change to the
period of the license.
The registrant's ML Registration is stored in the Domaininfo's database in an
ASCII-compatible representation as defined by the RACE Internet-Draft. The Internet
Engineering Task Force (IETF) has not finalized multilingual standards. In the
future, revisions to the Internet draft documents may cause:
The registrant's ML Registration to become invalid and be deleted. Modification
to the Domaininfo's internal representation of the domain name to comply with
revisions to the Internet draft documents.
Such occurrences will be resolved on a case-by-case basis, as they occur.
Registrants who register a ML Registration do so at their own risk and release,
discharge and hold harmless Domaininfo, its employees and agents and the registry
from and against all claims, loss or demands from registrant and any third party
arising out of the invalidity or deletion of an ml registration, or any change
or variation to, or any restriction on or inability to use an ml registration.
No refund of any part of registration fees paid or payable will be made if a
ML Registration is changed, deleted or is not able to be used.
5. PRE-REGISTRATION OF MULTILINGUAL DOMAIN NAMES
Domaininfo is currently taking preregistrations for .com, .net and .org domain
names containing extended characters as follows:
å,ä,ã,â,à,á,æ,é,è,ë,ê,ç,ï,î,í,ì,ó,ò,ö,õ,ô,ø,ú,ù,û,ü,û,ý,ÿ,ñ
On 2001-02-26 the registration for such domain names will start. During the
preregistration period we will collect preregistrations and those will be batch
processed on 2001-02-26. Currently, there is no guarantee that a domain name
applied for during the preregistration phase will be registered. If such registration
for a certain domain application fails, any submitted payment will be refunded
within two weeks.
It should also be noted that a registered domain name containing these characters
will not be fully functional throughout the Internet until DNS servers and other
services and software have been updated accordingly with ALL service providers,
which can take several years.
No preregistration will be processed until proper payment has been submitted
to Domaininfo.