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Alice's Registry, Inc.
Registration Agreement, Version 1.0.3
Last updated on March 16th, 2006
Introduction
:
Alice's Registry is operating under the authority of the Internet Corporation for
Assigned Names and Numbers (ICANN). We also must comply with rules set out by the Domain Name Registry.
Registrants in the domains ending in .com, .org, .net, .biz, .info, .name, and
.pro are required to agree to two separate documents, the ICANN Uniform Domain Name Dispute Resolution Policy (UDRP) and
this Alice's Registry Registration Agreement (AR-RA), which is based in part on provisions of the ICANN Registration
Accreditation Agreement, hereinafter referred to as "ICANN Agreement".
Please print out a copy of this Agreement for your files.
Registration Agreement
:
This Registration Agreement ("Agreement") is between you (as an individual) or
your company, association or other enterprise (hereinafter referred to as "Registrant") and Alice's Registry, Inc.
(hereinafter referred to as "Alice's Registry"). The Agreement sets forth the terms and conditions to register an
Internet domain name through Alice's Registry. To complete the registration process, Registrant must read and agree to be
bound by all terms and conditions of this Agreement and the accompanying UDRP, and any rules or policies that are or may
be published by Internet Corporation for Assigned Names and Numbers ("ICANN") under the Agreement between Alice's
Registry and ICANN ("ICANN Agreement"). Registrant acknowledges that Alice's Registry may modify this Agreement if
necessary to comply with its ICANN Agreement.
1. Fees.
As consideration for the domain name registration services provided by Alice's
Registry, Registrant shall pay all applicable initial registration fees and renewal fees. Registrant will be notified
when renewal fees are due, and it shall be Registrant's responsibility to ensure that such fees are paid. Should these
fees go unpaid by the time specified in the renewal notice, Registrant's registration will be canceled. Registrant agrees
that Alice's Registry shall have no liability whatsoever with respect to any such cancellation.
If you fail to renew your domain name, you agree that Alice's Registry may, at its
sole discretion, renew your expired domain name on your behalf. If Alice's Registry decides to renew your expired domain
name on your behalf you will have a Renewal Grace Period during which you may reimburse Alice's Registry for the renewal
and keep your domain name. The Renewal Grace Period is currently 10 days but subject to change under the term of this
Agreement. If you do not reimburse Alice's Registry for the renewal during the Renewal Grace Period your domain name will
be placed on Hold and flagged for deletion after which you will have a 30 day redemption period during which you may pay
Alice's Registry a Redemption fee and redeem your domain name. The Redemption fee is currently $160 USD and is subject to
change under the terms of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption
period Alice's Registry may, at its sole discretion, delete your domain name or transfer it to another registrant on your
behalf.
If your domain is deleted, the Registry also provides a 30 day Redemption Grace
Period during which you may pay Alice's Registry a redemption fee and redeem your domain name. The redemption fee is
currently $160 USD and is subject to change under the terms of this agreement. If you do not redeem your domain name
prior to the end of the Registry?s Redemption Grace Period the Registry will release your name and it will become
available for registration on a first-come-first-served basis.
All fees are non-refundable. Registrant will be notified
when renewal fees are due. Should these fees go unpaid by the time specified in the renewal notice, Alice's Registry
shall have the right to cancel the registration and delete Registrant's domain name. Unless otherwise agreed, payment
shall be made by credit card and Registrant's domain name will not be registered unless we receive appropriate
authorization from Registrant's credit card company. Registrant agrees that Alice's Registry shall have the exclusive
right to act as registrar of Registrant's domain name for the initial term of registration plus one (1) year of renewal
(but only if Registrant renews the registration of the domain name), and only if the renewal fee charged by Alice's
Registry for the renewal term does not exceed the annual registration fee for the initial registration, exclusive of
promotional discounts, plus any increase in fees charged by the registry, ICANN or any other regulatory body.
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 or
renewal fee for Registrant's domain name registration, Registrant agrees and acknowledge that the domain name
registration shall be transferred to Alice's Registry as the paying entity for that registration to the registry and that
we reserve all rights regarding such domain name including, without limitation, the right to make the domain name
available to other parties for purchase. We will reinstate Registrant's 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 US$200.
2. Dispute Policy (UDRP).
Registrant agrees to be bound by the current ICANN Uniform Domain Name Dispute
Resolution Policy ("UDRP") which is incorporated into this Agreement by reference. The UDRP can be found at
http://www.alices-registry.com/urdp.jspa
. Any disputes regarding the right to use Registrant's domain name will be subject
to the UDRP. ICANN may modify the UDRP in its sole discretion at any time. Registrant's continued use of Registrant's
domain name after modification to the UDRP constitutes Registrant's acceptance of those modifications. If Registrant does
not agree to such a modification, Registrant may request that Registrant's domain name be deleted.
Registrant agrees that it will be subject to the provisions specified in the UDRP
in effect at the time Registrant's domain name is challenged by a third party. Registrant also agrees that in the event a
domain name dispute arises with any third party, Registrant will indemnify and hold Alice's Registry harmless pursuant to
the terms and conditions contained in the UDRP.
REGISTRANT ALSO AGREES THAT ALICE'S REGISTRY, INC. AND ANY APPLICABLE REGISTRY
OPERATOR, INCLUDING AFILIAS LIMITED, NEULEVEL INC., WILL HAVE NO LIABILITY OF ANY KIND FOR ANY LOSS OR LIABILITY
RESULTING FROM THE PROCEEDINGS AND PROCESSES RELATING TO THE SUNRISE PERIOD, LAND RUSH PERIOD, AND/OR THE DOMAIN NAME
APPLICATION PHASE, INCLUDING, WITHOUT LIMITATION: (A) REGISTRANT'S ABILITY OR INABILITY TO OBTAIN AND/OR REGISTER A
DOMAIN NAME DURING THESE PERIODS, AND (B) THE RESULTS OF ANY DISPUTE OVER SUNRISE REGISTRATION AND/OR DOMAIN NAME
APPLICATIONS.
3. Use of Registrant's Information.
As part of the registration process, Registrant (you or your company) is required
to provide certain information and to update this information to keep it current, complete and accurate. This information
includes (i) Registrant's 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 nameservers 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 zone
contact for the domain name. (See ICANN Agreement, Section II,7,a).
Registrant acknowledges that willfully providing inaccurate information or
willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis
for cancellation of Registrant's domain name if Registrant does not respond within 15 days (See ICANN Agreement, Section
II,7,a, paragraph 2).
If Registrant licenses use of a domain name to a third party, Registrant is
nonetheless the holder of record of the domain name and is responsible for providing Registrant's own full contact
information and for providing and updating accurate technical, administrative, and zone contact information. (See ICANN
Agreement, Section II,7,a, paragraph 3.)
Registrant acknowledges that Alice's Registry will make some of the information
that the Registrant provides during the registration process publicly available as required by ICANN. Additionally,
Registrant acknowledges that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type
of information that Alice's Registry may or must make available to the public or to private entities. Alice's Registry
will not otherwise disclose Registrant's information to any third party unless it is required to maintain Registrant's
domain name. Registrant may request a copy of Registrant's information in Alice's Registry's possession to review, modify
or update such information. (For details, see ICANN Agreement Section II,.J.7.a & b. Alice's Registry only requires
those data elements specified in a, and disclosed only those elements as required by this section).
Registrant represents that, to the best of Registrant's knowledge and belief,
neither the registration of Registrant's domain nor the manner in which the domain is directly or indirectly used
infringes the legal rights of a third party (See ICANN Agreement, Section II,7,g).
Alice's Registry will take reasonable precautions to protect the information it
obtains from the Registrant from our loss, misuse, unauthorized access or disclosure or use, or alteration or
destruction, of that information. Alice's Registry shall have no liability to Registrant or any third party to the extent
such reasonable precautions are taken.
4. Use Policies.
In the event that unsolicited commercial advertisements ("spamming") is illegal or
against ICANN rules, Alice's Registry may be required to suspend or cancel the domain name. Similarly, if Registrant uses
Registrant's domain name in connection with unlawful activity, Alice's Registry may be required to suspend or cancel the
domain name.
Registrant agrees to use the domain name only in accordance with applicable
laws.
Alice's Registry, Inc. reserves the right to suspend or cancel your domain name in
the event that Registrant uses the domain name to send unsolicited commercial advertisements in contradiction to either
applicable laws or customary acceptable usage policies of the Internet, or if the domain name is used in connection with
unlawful activity.
5. Agents and Licenses.
Registrant agrees that, if Registrant's domain name is registered on Registrant's
behalf by anyone acting as Registrant's agent (e.g., an Internet Service Provider, advertising agency, employee, etc.),
Registrant is nonetheless bound as a principal by all terms and conditions provided herein, including the UDRP.
Registrant agrees that if Registrant licenses the use of Registrant's domain name
to a third party, Registrant remains the domain name holder, and remains responsible for all obligations under this
Agreement. (See ICANN Agreement, Section II.J.7.a paragraph 3: "Any SLD holder that intends to license use of a domain
name 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.")
6. Limitation of Liability.
REGISTRANT AGREES THAT ALICE'S REGISTRY WILL NOT BE LIABLE TO REGISTRANT OR ANY
OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF
REGISTRANT'S DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO ALICE'S REGISTRY'S REGISTRATION SYSTEM; (d) THE
NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN REGISTRANT AND ALICE'S REGISTRY ; (e) EVENTS BEYOND ALICE'S REGISTRY'S
REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD
ASSOCIATED WITH REGISTRANT'S DOMAIN NAME, (h) THE FAILURE OF REGISTRANT OR REGISTRANT'S AGENT TO PAY ANY FEES HEREUNDER;
OR (i) THE APPLICATION OF THE UDRP. FURTHER, ALICE'S REGISTRY 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 ALICE'S REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL ALICE'S REGISTRY'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY REGISTRANT TO ALICE'S REGISTRY FOR
REGISTRATION OF REGISTRANT'S DOMAIN NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES
(AND COUNTRIES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES (OR COUNTRIES), OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Indemnity.
Registrant agrees to defend, indemnify and hold harmless Alice's Registry and any
applicable domain name registry, including Network Solutions, Inc., VeriSign, Inc., NewLevel, Inc., Afilias LLP and the
directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable
attorneys' fees, resulting from any third party claim, action, or demand related to Registrant's domain name or the use
thereof. This indemnification is in addition to any indemnification required under the UDRP.
Registrant agrees to release, indemnify, and hold
Alice's Registry and its directors, officers, employees, contractors, agents, and affiliates harmless from all
liabilities, claims, and expenses, including attorney's fees and expenses, of third parties relating to or arising under
this Agreement, Registrant domain name or its use, the Alice's Registry services provided hereunder, or Registrant's use
of any Alice's Registry's services, including without limitation infringement by Registrant, or someone else using the
Alice's Registry E-mail Service with Registrant's computer, of any intellectual property or other proprietary right of
any person or entity, or from the violation of any Alice's Registry operating rule or policy relating to the services
provided. Registrant also agrees to release, indemnify, and hold the Registry, it's directors, officers, employees,
contractors, agents, and affiliates harmless from all liabilities, claims and expenses, including reasonable attorney's
fees and expenses, of third parties relating to or arising out of or related to Registrant's domain name or its use.
Registrant also agrees to release, indemnify and hold Alice's Registry harmless pursuant to the terms and conditions
contained in the Dispute Policy. When Alice's Registry is threatened with suit by a third party, Alice's Registry may
seek written assurances from Registrant concerning Registrant's promise to indemnify Alice's Registry; Registrant's
failure to provide those assurances may be considered by Alice's Registry to be a breach of the Agreement and may result
in deactivation of the domain name.
Registrant further agrees that this indemnification
obligation shall survive the termination or expiration of this Registration Agreement.
8. Representations and Warranties.
Registrant represents and warrants that all information provided by Registrant in
connection with Registrant's registration is complete and accurate. Alice's Registry makes no representation or
warranties of any kind in connection with this Agreement. Alice's Registry does not represent or warrant that
registration of Registrant's domain name will immunize Registrant from challenges to Registrant's domain name.
9. Breach and Revocation.
Any breach by Registrant of this Agreement or the UDRP must be remedied by
Registrant within 30 days of notice by Alice's Registry . If Registrant fails to cure the breach, Alice's Registry may
revoke Registrant's registration of the domain name.
Registrant also agrees that Alice's Registry shall have the right to revoke,
suspend, transfer or otherwise modify a domain name registration upon fifteen (15) calendar days prior written notice;
such action being required if Alice's Registry receives a properly authenticated order from a court of competent
jurisdiction, arbitration award, or ruling from a panel operating under the UDRP requiring the revocation, suspension,
transfer or modification of the domain name registration. (ICANN Agreement Section II.J.7.a paragraph 2.)
10. Governing Law
This Agreement, Registrant's rights and obligations and all actions contemplated
by this Agreement shall be governed by the laws of the United States of America and the the State of California, as if
the Agreement was a contract wholly entered into and wholly performed within the State of California. Any action to
enforce this Agreement or any matter relating to Registrant's use of the web site shall be brought exclusively in the
United States District Court for the Northern District of California or in the state courts of San Francisco County,
California. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain
names registered hereunder, Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where Alice's Registry's headquarters
are located, currently San Francisco County, California.
11. General.
This Agreement, the Alice's Registry fee schedule and the UDRP, together with all
amendments or modifications to any of them, constitute the complete and exclusive agreement between Registrant and
Alice's Registry, and they 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 Alice's Registry to require
Registrant's performance of any provision hereof shall not affect the full right to require such performance at any time
thereafter; nor shall the waiver by Alice's Registry 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 Agreement 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. Alice's Registry 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 Alice's Registry
as reflected in the original provision. No provision of this Agreement, including the Alice's Registry fee schedule and
the UDRP, may not be amended or modified by Registrant except by means of a written document signed by Alice's Registry.
12. Personal Data
As part of the registration process, you are required to provide certain
information and to immediately update this information to keep it current, complete and accurate. This information
includes (i) Registrant's 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 nameservers 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 zone
contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois
data.
Registrant acknowledges that willfully providing inaccurate information or
willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis
for cancellation of your domain name. If Registrant licenses use of a domain name to a third party, Registrant is
nonetheless the holder of record of the domain name and is responsible for providing the full contact information and for
providing and updating accurate technical, administrative, and zone contact information.
Registrant acknowledges that Alice's Registry, Inc. will make some of the
information that you provide during the registration process publicly available as required by ICANN and/or the
Registries. Additionally, Registrant acknowledges that ICANN and/or the Registries may impose guidelines, limits and/or
requirements that relate to the amount and type of information that Alice's Registry, Inc. may or must make available to
the public or to private entities. Registrant consents to the use, copying, distribution, publication, modification and
other processing of your personal data by the Registry Operator and its designees and agents. Alice's Registry, Inc. will
not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may
request a copy of your information in Alice's Registry's possession to review, modify or update such information.
13. Additional Terms and Conditions Regarding Alice's Registry, Inc.
All notices between Alice's Registry and its registrants permitted or required
under this Policy shall be in writing and shall be delivered by personal delivery, courier delivery, facsimile
transmission, and/or by first class mail, and shall be deemed given upon delivery, transmission, or seven (7) calendar
days after deposit in the mail, whichever occurs first. Initial notices shall be sent to the domain name registrant at
the address of the domain name registrant listed in Alice's Registry's WHOIS database.
14. Infancy.
Registrant attest that the Registrant is of legal age to enter into this
Agreement.
15. Suspension, Cancellation, Transfer.
Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by any ICANN procedure, or by any registry administrator procedure approved by ICANN policy:
- 15.1
to correct mistakes by Registrar or the registry administrator in registering the domain name;
- 15.2
for the resolution of disputes concerning the domain name; or
- 15.3
in case of arbitration or court proceedings being commenced with respect to the rights to the domain name.
Section X. 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.
A. (.INFO) Should you seek to registrar 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. 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 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 or intended to be
used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions
("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the
domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to
access one or more host computers through the DNS: a) To exchange goods, services, or property of any kind; b) In the
ordinary course of trade or business; or c) To facilitate (i) the exchange of goods, services, information, or property
of any kind; or, (ii) the ordinary course of trade or business. Registering a domain name solely for the purposes of (1)
selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the
domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.
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 an domain name concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute
a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
4. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain name
through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part
of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby
acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this
Agreement: (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 RDRP sets forth the terms under
which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a
case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the
Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or
otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a
domain name is being used in compliance with the SUDRP or UDRP processes.
5. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole
discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain
name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by
you if you terminate your Agreement with us.
6. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name
registration services is challenged by a third party, you will be subject to the provisions specified in our dispute
policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If
we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain
name registration services, you agree not to make any changes to your domain name record without our prior approval. We
may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of
our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject
to litigation regarding your registration and use of our domain name registration services, we may deposit control of
your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from
us.
7. RESERVATION OF RIGHTS. Alice's Registry 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 Alice's Registry and/or NeuLevel, Inc., as well as thier affiliates,
subsidiaries, officers, directors and employees. Alice's Registry and NeuLevel, Inc. also reserve the right to freeze a
domain name during resolution of a dispute.
REGISTRAR-REGISTRANT TERMS & CONDITIONS FOR .NAME
.name 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.
(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
(c) 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 Alice's Registry, Inc. 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 http://www.alices-registry.com/AUP.html, 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 Alice's Registry, Inc. 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
Alice's Registry, Inc. and Registry Operator 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 Alice's Registry, Inc. and/or
Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees. Alice's Registry, Inc.
and Registry Operator also reserve the right to freeze a domain name 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 registration requests prior to live SRS launch, including, without limitation, your ability or
inability to obtain a .name domain 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.
REGISTRAR-REGISTRANT TERMS AND CONDITIONS FOR DEFENSIVE REGISTRATIONS
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. This contact
information will be provided as part of the Whois record for the Defensive Registration.
(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 wilful provision of inaccurate or unreliable information, your wilful 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 Alice's Registry,
Inc. 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.
RESERVATION OF RIGHTS
Alice's Registry, Inc. 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 Alice's
Registry, Inc. and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees.
Alice's Registry, Inc. 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.
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