Version 4.0 --- March 2005
This Registration Agreement ("Agreement") sets forth the terms and conditions of any use of the services of DomainRegistry.com, Inc. to register a domain name on the Internet. By registering, reserving or renewing a domain name with DomainRegistry.com, either directly or through any agent, or by accepting the transfer to yourself or to your name of a domain name which had previously been registered with DomainRegistry.com, you agree to these terms and conditions. If you register a domain name in the .BIZ, .INFO, .NAME, or .US registries, then you also agree to be bound by the terms and conditions of the Appendix to this Agreement applicable for your domain name.
1. Introduction: DomainRegistry.com, Inc. ("DomainRegistry" or "DR") is an accredited registrar of Internet domain names, pursuant to an agreement between DomainRegistry and the Internet Corporation for Assigned Names and Numbers ("ICANN"). For DomainRegistry to register, reserve, or renew your domain name, you must acknowledge that you have read, understand, and agree to be bound by all terms and conditions of this Agreement.
2. Agreement In-Force: This Agreement is between yourself and DR, and will become effective when your request for services is accepted by DomainRegistry. The following terms and conditions apply to this Agreement and DomainRegistry's acceptance of your request for services:(a) DomainRegistry may elect to accept or reject your domain name registration application for any reason, at its sole discretion. (b) This Agreement is published at the web address http://www.DomainRegistry.com/serviceagreement.html. It may be modified from time to time by DR, at its sole discretion. You are obligated to all of the terms and conditions of this agreement as they may be modified, upon publication of the modifications at this web address. You are obligated to periodically review this web address and this Agreement to apprise yourself of any modifications.(c) In the event that you do not wish to abide by any changes made by DR to this Agreement, you have the right to release your domain name and void this Agreement effective upon such release; or to transfer your domain name to another registrar as provided in below. In either event, you will remain obligated to pay to DR all fees for services due and owing by you to DR as of the date of your release or transfer of the domain name.
3. Third Party Rights: DomainRegistry cannot and will not check to see whether the domain name you select may infringe the legal rights of others. DR urges you to investigate whether the name you select may infringe such rights of others, and, in this regard, DR suggests that you considering obtaining the advice of competent counsel. DR also suggests that you also consider registering one or more trademarks in connection with your domain name.
4. Court Orders: It is possible that DomainRegistry may be ordered by a court to cancel, modify, or transfer your domain name; and DR may be sued or threatened with a lawsuit in connection with your domain name. In either event, you shall hold DR harmless, and shall indemnify DR.
5. Dispute Policy: You shall be bound by the domain name Dispute Policy ("Dispute Policy") applicable to your domain name as it may be published and updated from time-to-time. For domain names ending in .COM, .NET, and .ORG, the applicable Dispute Policy is that issued by ICANN, and it may be found at HYPERLINK "http://www.DomainRegistry.com/disputepolicy.html" http://www.DomainRegistry.com/disputepolicy.html. For all other domain names, the applicable Dispute Policy is specified in the appropriate Appendix to this Agreement. See below. Any disputes regarding your right to use your domain name will be subject to the applicable Dispute Policy for your domain name, and DomainRegistry, ICANN, or the appropriate Registry may modify the applicable Dispute Policy, in their sole discretion, at any time. If the use of your domain name is challenged by a third party, this dispute shall be subject to the provisions specified in the version of the applicable Dispute Policy in effect at the time such challenged is made.
6. Fees: As consideration for the domain name registration services provided by DomainRegistry, you will pay all applicable initial registration fees and periodic renewal fees as due. In this regard: (a) The applicable fees for any services that you may request from DR are those found in Domain Name Fee Schedule ("Fee Schedule") of Domain Registry, as it may be published and updated from time-to-time. This Fee Schedule is located at http://www.DomainRegistry.com/pricing.html. All registration and renewal fees are subject to change, it is your responsibility to read this Fee Schedule before using DR services and incurring fees for those services. Upon using any service provided by DR you become obligaed to pay the specified fee for that service.(b) DR shall notify you when renewal fees are due, and you will be responsible for paying such fees. (c) In the event that any fees go unpaid by the deadline for payment, whether specified in a payment-due notice or otherwise, DR will have the right to cancel your registration of the relevant domain name. DR shall have no liability whatsoever with respect to any such cancellation, and DR, or any other domain name registrar or registry, may reassign or assume the registration of the domain name in the event of any such cancellation.
7. Registrant Information: (a) As part of the registration process, you must provide certain information; and to maintain your registration, you must keep this information up-to-date, complete and accurate. This information includes: Your contact information, that is, your full name, postal address, e-mail address, voice telephone number, and (if available) fax number; For a registrant which is a partnership, union, association, corporation, or other collective entity, the name and contact information of an authorized person for notice purposes; The IP address of the primary nameserver, and of any secondary nameservers, for the domain name, and the corresponding names of those nameservers; The contact information for a technical contact, an administrative contact, and a billing contact for the domain name. (b) You are responsibility to promptly notify DR of any change of your Registrant Information and Personal Data, including: your email and postal mailing addresses which DR may use to maintain contact with you regarding the registration of your domain name; and your technical, billing and administrative contact information for your domain name registration. Providing inaccurate or incomplete information, failing to update information promptly, or failing to respond within ten (10) calendar days to inquiries by DR concerning the accuracy of contact information supplied in the registrant's application for a domain name or renewal thereof will constitute a material breach of this Agreement; and will be a basis for the cancellation of the registration of your domain name. (c) In the event that you choose to license or otherwise loan or permit the use of a domain name to a third party, whether for profit or otherwise, you will nonetheless remain the registrant of record, and continue to be responsible for complying with all provisions of this Agreement, including the requirements concerning your own contact information. Further, a registrant licensing or otherwise loaning or permitting use of a domain name to a third party shall: (i) be responsible for any and all harm caused by wrongful or unlawful use of the domain name; and (ii) be required to promptly disclose the identity of the licensee to any party which provides that registrant, or DR, with reasonable evidence of harm caused through use of the domain name.
(i) "Registrant Information" means information provided by the registrant during the process of applying for or renewing a domain name, including any updated information;(ii) "Personal Data" means the following items of Registrant Information: credit card information, including number; password; and your company's product, service, or a description of the registrant's organization;(iii) "Whois Data" means the following items of Registrant Information regarding the registrant: name; company or organization; address, including city, state, country, and zip or postal code; telephone and facsimile numbers; email address; and domain name or names registered.
(b) Access of Whois Data: Anyone may access a registrant's Whois Data by utilizing the Whois form available for that purpose on the DomainRegistry website. Whois data may also be available from Registries and other Registrars. There is and cannot be any expectation of confidentiality in Whois Data: once provided to DomainRegistry, such data is in the public domain. (c) Updating Registrant Information and Personal Data: You can access and update your Personal Data, as well as other Registrant Information, either by sending an Email request to DomainRegistry at DataChange2@DomainRegistry.com, or by sending a written request to the following address: DomainRegistry.com, Inc. (Attn: DataChange), 3554 Hulmeville Road, Suite 108, Bensalem, Pennsylvania 19020. Telephone Calls for this purpose will not be accepted. The correspondence must include your name, address, email address, and telephone number as currently on file, and either (i) the your password or (ii) your credit card on file with DomainRegistry, the credit card's billing address, and the last six digits of the credit card. All Registrant Information requested or updated in this manner will be send by Email to you as it may be updated or otherwise requested.(d) Purpose of Data Collection: The purposes for the collection of Registrant Information by DomainRegistry are: (i) to accurately, efficiently, and effectively process the registration application of the registrant and administer on a continuing and global basis the registration of domain names by itself and in coordination with the Registries, with ICANN, and with other ICANN accredited registrars; (ii) to identify to users of the Internet the registrants of specific domain names; (iii) to enable DR to identify, for its own business purposes, geographic, commercial, and marketing trends in the use and registration of domain names; and (iv) to abide by the requirements of the ICANN as that body may from time to time require the disclosure and processing of Registrant Information. DR shall not process Registrant Information in any manner incompatible with the purposes and other limitations set forth in this Section. (e) Recipients of Registrant Information: Anyone may have viewing access to Whois Information. The intended recipients of additional Registrant Information, including Personal Data, is normally limited to DomainRegistry and its officers, employees, agents, and independent contractors and attorneys; ICANN and that body's equivalent personnel; Registries, Internet Service Providers with which DR may from time to time engage business relationships for the purpose of providing domain name registration and renewal services to registrants and potential registrants; and governmental organizations. Such additional Registrant Information may also be provided pursuant to court order or other lawful demand; or upon reasonable suspicion by DR that unlawful or criminal conduct has been committed through the registration or use of a domain name registered with DR. Such disclosure may be with or without notice to the registrant, and any such disclosure shall be within the discretion of DR and as applicable law may provide. (f) Outside Requirements: ICANN, the Registries, and governmental organizations require DomainRegistry to make publicly available some of the information provided during the registration process. For this reason, DR may disclose some or all of the information provided during the registration process to third parties or to the public at large to fulfill ICANN's requirements. Additionally, these entities may impose guidelines, limits, or requirements that relate to the amount and type of information that DR may or must make available to the public or to private entities. (g) Obligatory Information: Some information which DomainRegistry requests in its application and renewal processes is optional, and other information is obligatory. Obligatory information is identified as such in the registration form on the DR website. (h) Registrant Consent: You consent to the use and processing of the Registrant Information as described in this Section, including Personal Data. (i) Registrant Agreements: You agree, for the adjudication of disputes concerning or arising from use of a domain name, to submit (without prejudice to other potentially applicable jurisdictions) to the jurisdiction of the courts of the registrant's domicile and of DomainRegistry's places of business as they may be located from time to time. You agree that the registration of a domain name shall, for the following reasons, be subject to suspension, cancellation, or transfer pursuant to any policy adopted by ICANN or the applicable Registry, as well as to any procedures of DR not inconsistent with an ICANN or Registry adopted policy: (i) to correct mistakes made by DR or other ICANN accredited registrars and the registry in the registration of a domain name; and (ii) for the resolution of disputes concerning a domain name. (h) Registrant's Notice Regarding Third Parties: You hereby represent and agree that you have provided notice equivalent to that set forth in parts (a) through (g) above to any third party individuals whose Registrant Information you have supplied to DR; and that you have obtained consent equivalent to that referred to in part (h) above from such third parties.
9. Internet Abuse: Internet Abuse is any activity that adversely affects the performance of the Internet and services provided or used through the Internet. As specified below, DomainRegistry reserves the right to suspend or cancel your domain name, in its sole discretion, in the event that credible information is submitted to, or otherwise obtained by, DR, indicating that you have engaged in Internet Abuse, or that your domain name has been used to promote or otherwise facilitate Internet Abuse .(b) Examples of Internet Abuse include activity by you that adversely affects: (i) the service that DR provides to other persons, including but not limited to customers; (ii) the ability of DR to administer its services to the public or administer itself as a company; and (iii) the ability of DR to comply with the policies and procedures of ICANN or a Registry, or its contractual obligations with ICANN or a Registry, or the laws or regulations of any country, state or other jurisdiction in which DotRegistrar or its customers may reside or do business.
(c) Additional examples of Internet Abuse include: (iv) use of DR's services to violate the laws or regulations of any country, state, or other jurisdiction in which the Internet may operate, or in a manner that adversely affects the legal rights of any other person; (v) use of computerized or other automated means to repeatedly, in a continuous fashion, attempt to register domain names or make use of Whois services to survey domain names, whether or not those domain names have been previously registered by another party, and doing so in such manner as to pose the risk of impeding DR from providing timely service to other subscribers; (vi) use of domain names registered to send unsolicited mass mailings of a commercial nature to Internet users (e.g., spamming); and (vii ) registration of a domain name with the intent to deprive a rightful holder of a trademark the value or benefit of that holder's use or possession of such trademark.
(d) Internet Abuse is a material breach of this agreement. In the event that DR obtains credible information that you have engaged in Internet Abuse, it may, in addition to any remedies available in this Agreement for such breach, immediately suspend service to you and suspend the registration of any and all domain names of yours for which DR is the registrar. At the time of such immediate suspension of service or domain name registration, DR shall provide notice to you of its action and the basis of such action, including the specific allegation constituting abuse of service, and a brief description of the evidence which DR is relying upon for such action. Any suspension determination will be reversed upon your demonstration, within ten days of the notice (as determined in section 13) and to the satisfaction of DR (within its sole discretion), that you have not engaged in Internet Abuse, or upon an order of a court of competent jurisdiction commanding such reversal.
10. DR Discretion: DomainRegistry reserves the right, in its sole discretion, to refuse to register or reserve your chosen domain name, or any other registration services requested. Further, DR reserves the right, in its sole discretion, to cancel the registration of your domain name within thirty (30) days after receipt of payment for such services, or within thirty (30) days of the date of registration of your domain name, whichever date is later. In the event that DR fails to register or reserve your domain name or provide other requested services, or DR cancels the registration of your domain name within such thirty (30) day period, DR shall refund the applicable fees paid by you to DR. DR shall not be liable for any losses or damages that may result to you from its refusal to provide any registration services, or from its cancellation of your domain name registration.
11. Third Party Registration: In the event that your domain name is registered on your behalf by any third party, acting as your agent or otherwise, or you accept transfer of such domain name from any third party, your acceptance of the registration of the domain name in or to your name constitutes an acceptance, as a principal, of all the terms and conditions of this Agreement.
12. Notification: Unless other means are specified in any provision in this Agreement, whenever this Agreement requires that DomainRegistry provide notification to you of any information or other fact, such requirement for notification may be satisfied by email, facsimile, or written notification delivered by the U.S. Postal Service or other courier service, provided that such notification is transmitted or delivered to an address or facsimile number specified in the contact information specified in Section 8 Registration Information, as that information may be subsequently updated.
13. Change of Registrar: (a) By using the services of DR to register a domain name, DR is considered to be the registrar for that domain name for all administrative and legal purposes pertaining to that name. You may also transfer a domain name to DR from another registrar for such purposes. Under either circumstance, DR is considered to be the "domain name registrar" for that domain name.(b) You may transfer a domain name from DR to another registrar. However, when you initially register a domain name, whether with DR or with another ICANN accredited domain name registrar, the name must remain with the initial registrar for at least a sixty day period. This sixty day period begins on the day after you initially register the domain name, and ends on the sixty-first day thereafter. (c) You may transfer a domain name to DR from another registrar. In such an event, you agree to the following:(i) You will provide express authorization from yourself, or from a person who has apparent authority to legally bind you, for the transfer. A person who "has apparent authority to bind you" is one who has previously been identified in the Registrant Information provided by you and maintained in the database of the prior registrar, that is, the registrar losing the domain name, as that information may have been amended in accord with that registrar's service agreement. The mechanism for such a transfer shall be the same as that used to update personal information set forth in Section 9(c) above, unless the transfer is being made pursuant to a final determination of a binding dispute resolution body. In the latter situation, an acceptable mechanism for the transfer shall also be a copy of the final determination transmitted by that body to DR, directly, by email or by other means customarily used by that body for such a purpose. (ii) In a situation where the registrar for a domain name is being changed simultaneously with a transfer of a domain name from one party to another, you or the person to whom the transfer of the name shall be made, shall provide one or more of the following:
(A) a signed, sworn, and notarized agreement for the transfer of the name among the parties, executed by both parties, including contact information for both parties, transmitted by facsimile, post, courier, or otherwise by hand, plus the authorization data required in Section 14(c)(i) submitted by you; (B) a final determination of a binding dispute resolution body, transmitted by that body to DR, directly, by email, or by other means customarily used by that body; or,(C) an original court order, under seal, transmitted by post, courier, or otherwise by hand.
(d) DR may, for cause, decide to not execute a requested transfer of a domain name to another registrar. Reasons for such a refusal may include, but are not limited to: (i) situations specified in the Domain Name Dispute Resolution Policy; (ii) a pending bankruptcy of the current domain name registrant; (ii) a dispute over the identity of the current registrant; and (iv) a request for the transfer which is received or dated within the first sixty days after the name has been initially registered by you. In all cases where DR refuses to execute a transfer request, DR will notify the receiving registrar of the denial and the reason for that denial.
14. Limitation of Warranty: DomainRegistry is not liable to you, your agent, or any other person, for any losses that may occur due to: (a) the loss, lapse, or cancellation of the registration of a domain name; (b) use of your domain name, or any similar or related domain name, by yourself or any third party; (c) access delays or access interruptions to DR's registration system; (d) the non-delivery or misdelivery of data between yourself and DR; (e) events beyond DR's control, including but not limited to force majeure; (f) the processing of any changes made to the record or contact information associated with your domain name, (g) the failure of you or your agent to pay any fees due pursuant to this agreement hereunder; and(h) the application of the dispute policies of either ICANN or DR. Further, DR is 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 DR has been advised otherwise had notice of the possibility of such damages, or the possibility that such damages were reasonably or clearly foreseeable.In no event shall DR's maximum liability exceed five hundred dollars ($500). In the event that applicable state law does not allow the limitation of liability for consequential or incidental damages, the liability of DR is limited to the minimum extent permitted by law. DomainRegistry does not represent or warrant that the registration of your domain name can or will immunize you from third party challenges: all domain name registration services are provided to you "as is." DR makes no representations or warranties of any kind whatsoever, express or implied, in connection with the domain name you are registering, including but not limited to merchantability, fitness for a particular purpose, or legal usability under applicable intellectual property law, including trademark mark law. DR does not represent or warrant that the domain name you register under this agreement will not be suspended, canceled or transferred from you to a third party, as a result of legal process or the implementation of the dispute resolution policies of ICANN or DR.
15. Indemnification: You will defend, indemnify and hold harmless DomainRegistry, as well as any other relevant domain name registry, and the directors, officers, employees and agents of DR and these registries, for any loss, damages or costs, including attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or any use thereof, whether or not authorized, approved or known by you .
16. Guarantees: (a) You represent and warrant, to the best of your knowledge and belief, the following: (i) all information provided by you or your agent in connection with your registration and any renewal or modification is complete and accurate; (ii) neither the registration of your domain name, nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party. (b) You accept full responsibility, including full financial responsibility, for all conduct and representations made on your behalf by your agent pertaining to your use of DR's services and the registration and use of any domain name.
17. Breach: Any material breach by you or your agent of this Agreement, including the Dispute Policy, must be remedied by you promptly. If you or your agent fails to promptly cure the breach, with or without such notice by DR, DR may revoke your registration of the domain name. At the sole discretion of DR, DR may give you or your agent notice of such breach, and thirty days in which to cure such breach. In such event, If you or your agent fails to cure the breach with such period, DR may revoke your registration of the domain name. You also agree that at such time as DomainRegistry receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration, DomainRegistry shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration.
18. Credit Card Chargebacks: You acknowledge that the dispute procedures set forth in this Agreement are the only dispute procedures you may utilize pertaining to the services provided by DomainRegistry, including questions which may arise as to the appropriateness of a charge to your credit initiated by DR; and you agree that you shall not initiate a chargeback of any amount previously charged to your credit card by DR pertaining to the registration, and the renewal of a registration, of any domain names. In the event that, notwithstanding the foregoing, you initiate a chargeback, you expressly authorize DR to either cancel or suspend the registration of any and all domain names, for which DR is the registrar, which are registered in your name or on your behalf; and you expressly permit DR, in its sole discretion, to:(a) release such domain names for registration by other parties, through DR and through other domain name registrars; or(b) suspend the use of such domain names until, either (i) any dispute underlying the rationale for the chargeback has been fully resolve pursuant to the dispute procedures set forth in this Agreement; or (ii) your current registrations for such domain names expire
19. Choice of Law and Venue: This Agreement and all rights hereunder shall be governed by the laws of the State of New York. Any judicial action relating to this Agreement or to your use of the DomainRegistry site shall be brought exclusively in the federal or state courts of Pennsylvania, in the United States of America, subject to any exceptions provided elsewhere in this greement.
20. Inactive Domain Name: If you hold a domain name which has been registered with DomainRegistry, and this domain name is parked on DR's servers but is not in active use, you authorize DR to such domain name to an "Under Construction" web site, which site may display advertising for DR and for other companies.
21. Taxes and Expenses. Any and all taxes and expenses incurred in registering, renewing, or transferring a particular domain name shall be borne by you.
22. Arbitration and Equitable Remedies. All disputes arising under this agreement, will be resolved by binding arbitration, unless the parties agree otherwise. The arbitrator is authorized to award attorney's fees and expenses to the prevailing party in any such arbitration. Notwithstanding this provision, disputes involving Internet Abuse (see above) and the enforcement of previously issued Court Orders (see above) may be enforced by either party in a court of law by means of an injunction or other appropriate equitable remedy.
23. Completeness: This Agreement, the Fee Schedule, and the DR and applicable Dispute Policies, together with all amendments or modifications to them, constitute the complete and exclusive agreement between you and. DR. You may not modify any provision of this Agreement, including the DR Dispute Policy, regarding your individual transactions with DR except by means of a written document signed by the President or CEO of DR.
ADDITIONAL REQUIREMENTS FOR .BIZ REGISTRANTS
If you are registering, reserving, renewing or transferring a .BIZ domain name, you further agree to the following provisions:
I. Purpose of .BIZ and Eligibility Requirements. Registrations in the .BIZ top level domain are primarily for bona fide business or commercial uses. The definition of "bona fide business or commercial use" means "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": (1) to exchange goods, services, or property of any kind, or to facilitate the exchange of goods, services, information, or property of any kind, (2) in the ordinary course of trade or business. Registration of a domain name for the purpose of selling, trading or leasing that domain name for compensation, or offering to sell, trade or lease the domain name for compensation does not constitute a "bona fide business or commercial use" of the domain name.
II. Certification for Registrants. By registering or accepting the transfer of a .BIZ domain name, you certify that:
The registered domain name will be used in a manner consistent with the purposes specified above; You have the authority to enter into the .BIZ registration agreement;ADVANCE \d4Your registered domain name is reasonably related to your business or intended commercial purpose at the time of your registration.
Failure to comply with the certification, once made, may result in the failure of the .BIZ Registry to process your domain name application or in the revocation of your domain name if the registration is processed.
III. Dispute Policies. In addition to ICANN=s Uniform Dispute Resolution Policy ("UDRP"), the domain names in NeuLevel's .BIZ Registry are further governed by the Start-Up Trademark Opposition Policy ("STOP"), found at http://www.neulevel.biz/ardp/docs/stop.html, and the Restrictions Dispute Resolution Policy ("RDRP"), at http://www.neulevel.biz/ardp/docs/dispute_policies.html#rdrp. You are responsible for reviewing these policies, and are bound by their terms and conditions. If your registration or use of a .BIZ domain name is challenged by a third party, you are subject to the UDRP, STOP and RDRP as they are in effect at the time of the dispute. Changes to the STOP and RDRP will be posted at the NeuLevel web pages specified above. You are bound by these modifications.
ADDITIONAL REQUIREMENTS FOR .INFO REGISTRANTS
If you are registering, reserving, renewing or transferring a .INFO domain name, you further agree to the following provisions:
(a) You consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .INFO Registry, the Affilias Registry, and its designees and agents; (b)You agree to immediately correct and update the registration information of your .INFO domain name immediately upon any change in the accuracy of that information during the registration term for the name.
ADDITIONAL REQUIREMENTS FOR .NAME REGISTRANTS
If you are registering, reserving, renewing or transferring a .NAME domain name, you further agree to the following provisions: I. Purpose of .NAME and Eligibility Requirements. Registrations in the .NAME top level domain are primarily for personal name purposes. As published by The Global Name Registry, Limited (the registry of .NAME), the following limitations exist for registrations that may be made in .NAME:
(i) The Personal Name of an Individual. Any person can register his or her own Personal Name.
(ii) The Personal Name of a Fictional Character. Any person or entity can register the Personal Name of a fictional character if that person or entity has trademark or service mark rights in that character's Personal Name.
(iii) Additional Characters. In registering a Personal Name Registration, registrants may add numeric characters to the beginning or the end of their Personal Name so as to differentiate it from other Personal Names. For example, in the event that John Smith unsuccessfully attempts to register john.smith.name, he may seek to register an alternative, such as john.smith1955.name or john1955.smith.name.
II. Certification for Registrants. By registering or accepting the transfer of a .NAME domain name, you certify that the registered domain name is a personal name and will be used in a manner consistent with the purposes specified above. Failure to comply with the certification, once made, may result in the failure of the .NAME Registry or DotRegistrar to process your domain name application, in the revocation of the domain name if the registration is processed, or in the transfer of the domain name to another party, all without refund to you for any fees paid by you for the name's registration.
III. Dispute Policies. In addition to ICANN's Uniform Dispute Resolution Policy ("UDRP"), the domain names in the Global Name Registry's .NAME are further governed by the Eligibility Requirements Dispute Resolution Policy ("ERDRP"). You agree to review the ERDRP below, and to be bound by their terms and conditions. If your registration or use of a .NAME domain name is challenged by a third party, you are subject to the UDRP and ERDRP as they are in effect at the time of the dispute. Changes to the ERDRP will be posted at the Global Name Registry webpage specified above. You are bound by these modifications. III. Waiver of Liability. The Global Name Registry has no liability whatsoever for loss or liability resulting from (i) the processing of registration requests prior to the launch of SRS (the .NAME registry system), including, without limitation, the inability to register a domain name or email address; or (ii) any dispute concerning a domain name or email address, including a decision of any dispute resolution proceeding.
ADDITIONAL REQUIREMENTS FOR .US REGISTRANTS
If you are registering, reserving, renewing or transferring a .US domain name, you further agree to the following provisions:
I. Eligibility Requirements. Nexus is the .US registry, and is operated by NeuStar, Inc. ("NeuStar"). The requirements (as approved by the U.S. Department of Commerce) for registration and use of a .US domain name are that the registrant must be: (a) a natural person who is (i) a United States citizen, (ii) a permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions; or
(b) an entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories, or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions; or (c) An entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States) that has a bona fide presence in the United States of America or any of its possession or territories (where bona fide presence means real and substantial lawful contacts with, or lawful activities in, the United States of America).
You are responsible to provide the information necessary during the registration process to satisfy these requirements.
II. Certification for Registrants. By registering or accepting the transfer of a .US domain name, you certify that you meet the eligibility requirements above for the registration and use of the domain name; and further certify that the name servers listed by you in your registration application are located within the United States. Failure to comply with the requirements, whether during or after the registration process, may result in: (a) the rejection of your registration application; (b) the placement of your domain name in a suspension or hold status; and (c) deletion of the name without notice to you. Such actions may be taken by either DotRegistrar or NeuStar.
III. Dispute Policies. As a country code domain, the ICANN Uniform Dispute Resolution Policy does not apply to .US domain registrations. Instead, the following policies apply to controversies and disputes involving .US domain names: (a) the Nexus Dispute Policy, at http://www.nic.us/policies/docs/nexus_dispute_policy.pdf; and (b) the usTLD Dispute Resolution Policy and Rules, at http://www.nic.us/policies/docs/usdrp.pdf. If your registration or use of a .US domain name is challenged by a third party, you are subject to the Nexus Dispute Policy and the usTLD Dispute Resolution Policy and Rules, as they are in effect at the time of the dispute. Changes to these policies will be posted at the web pages specified above. You are bound by these modifications.
As published by NeuLevel.com (the registry of .BIZ) and approved by ICANN.
As further examples of improper registration, NeuLevel's ".biz Registration Restrictions" provide:
The following does not constitute 'bona fide business or commercial use' purposes of a .BIZ domain name:
1. Using or intending to use the domain name exclusively for personal, noncommercial purposes;
2. Using or intending to use the domain name exclusively for the expression of noncommercial idea (e.g., registering abcsucks.biz exclusively to criticize otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose).
For more about the permitted use of .biz domain names, see NeuLevel's application to ICANN at www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
Global Name Registry further defines "personal name" as: "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." For further information on Eligibility Requirements in .NAME, see http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.