Application
and Registration Agreement
for Assignment of Second
Level Domain Name in a generic Top Level Domain
myname.org submits your domain registration
request to our partner 1stDomain.net to facilitate a domain name
registration on your behalf. By submitting the application form, you
acknowledge that you have read and agree to the following Registration
Agreement as well as the Domain Name Dispute Policy, both of which are
part of the application.
REGISTRATION AGREEMENT
This Registration Agreement
("Agreement") sets forth the terms and conditions of your use of 1stDomain.net
and myname.org to register a domain name on the Internet. To complete
the registration process, you must read and agree to be bound by all terms
and conditions of this Agreement, the accompanying fee schedule and dispute
policy, and any rules or policies that are or may be published by 1stDomain.net
and myname.org. This Agreement will become effective if accepted
by 1stDomain.net and myname.org. 1stDomain.net is an accredited registrar
with the Internet Corporation for Assigned Names and Numbers ("ICANN")
under an agreement between 1stDomain.net and ICANN. myname.org is
a partner of 1stDomain.net under an agreement between myname.org
and 1stDomain.net. You acknowledge that 1stDomain.net and/or myname.org
may modify this Agreement if necessary to comply with its respective Agreements,
or otherwise.
1. Fees
As consideration for the
domain name registration services provided by 1stDomain.net and myname.org,
you agree to pay the current initial registration fees and renewal fees
according to the fee schedule which is incorporated into this Agreement
by reference. The fee schedule can be found at http://www.myname.org
Payments must be made by credit card as specified on the application form.
Your domain name will not be registered unless and until myname.org
has received appropriate authorization from your credit card company.
You will be notified when
renewals are due, and it shall be your responsibility to ensure that such
fees are paid. Should these fees go unpaid by the time specified in the
renewal notice, your
registration will be cancelled.
You agree that 1stDomain.net and myname.org shall have no liability
whatsoever with respect to any such cancellation. If at anytime fees or
other charges payable to the applicable registry or to any other regulatory
body for a domain name registered by 1stDomain.net and myname.org
on your behalf, shall increase, or any additional fee, tax or charge shall
become due and payable to any third party related to a domain name registered
by 1stDomain.net and myname.org on your behalf, fees payable by you
to 1stDomain.net and myname.org under this Agreement will increase
by such amount. All registrations are non-cancellable and non-refundable.
During the first sixty days after initial registration it is not possible
to transfer the domain to a different registrar.
2. Dispute Policy
You agree to be bound by
the current ICANN Domain Name Dispute Policy ("Dispute Policy") which is
incorporated into this Agreement by reference. The Dispute Policy can be
found at http://www.icann.org/udrp/udrp.htm.
Any disputes regarding the right to use your domain name will be subject
to the Dispute Policy. ICANN may modify the Dispute Policy in its sole
discretion at any time. Your continued registration of your domain name
after modification to the Dispute Policy becomes effective constitutes
your acceptance of those modifications. If you do not agree to such a modification,
you may request that your domain name be deleted.
You agree that you will
be subject to the provisions specified in the Dispute Policy in effect
at the time your domain name is challenged by a third party. You also agree
that in the event a domain name dispute arises with any third party, you
will indemnify and hold 1stDomain.net and
myname.org harmless
pursuant to the terms and conditions contained in the Dispute Policy.
3. Use of Your Information
As part of the registration
process, you are required to provide 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 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.
You acknowledge that willfully
providing inaccurate information or willfully failing to update information
promptly will constitute a material breach of this Agreement and will be
a basis for cancellation of your domain name. If you license use of a domain
name to a third party, you are nonetheless the holder of record of the
domain name and are responsible for providing
your own full contact information
and for providing and updating accurate technical, administrative, and
zone contact information.
You acknowledge that 1stDomain.net
will make some of the information that you provide during the registration
process publicly available as required by ICANN. Additionally, you acknowledge
that ICANN may impose guidelines, limits and/or requirements that relate
to the amount and type
of information that 1stDomain.net
may or must make available to the public or to private entities. 1stDomain.net
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 1stDomain.net 's possession to review, modify or update
such information.
4. Use Policies
1stDomain.net reserves the
right to suspend or cancel your domain name in the event that you use the
domain name to send unsolicited commercial advertisements in contradiction
to either applicable laws or customary acceptable usage policies of the
Internet, or if you use your domain
name in connection with
unlawful activity.
5. Agents and Licenses
You agree that, if your
domain name is registered on your behalf by anyone acting as your agent
(e.g., an Internet Service Provider, employee, etc.), you are nonetheless
bound as a principal by all terms and conditions provided herein, including
the Dispute Policy. You agree that if you license the use of your domain
name to a third party, you re-main the domain name holder, and remain responsible
for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT 1stDomain.net
AND myname.org WILL NOT BE LIABLE TO YOU 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 YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO 1stDomain.net `s AND/OR myname.org`s REGISTRATION SYSTEM; (d)
THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND 1stDomain.net AND/OR
myname.org; (e) EVENTS BEYOND 1stDomain.net `s AND myname.org`s
REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING
OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h)
THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE
APPLICATION OF THE DISPUTE POLICY. FURTHER, 1stDomain.net AND myname.org
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 1stDomain.net AND/OR myname.org HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL 1stDomain.net’s AND myname.org`s
MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO 1stDomain.net
AND/OR myname.org FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE
PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE
EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend, indemnify
and hold harmless 1stDomain.net and myname.org and any applicable
domain name registry, including Network Solutions, Inc., 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 your domain name or the use thereof.
This indemnification is in addition to any indemnification required under
the Dispute Policy.
8. Representations and Warranties
You represent and warrant
that all information provided by you in connection with your registration
is complete and accurate. 1stDomain.net and myname.org make no representation
or warranties of any kind in connection with this Agreement. 1stDomain.net
and myname.org do not represent or warrant that registration of your
domain name will immunize you from challenges to your domain name.
9. Breach and Revocation
Any breach by you of this
Agreement or the Dispute Policy must be remedied by you within 30 days
of notice by 1stDomain.net and myname.org. If you fail to cure the
breach, 1stDomain.net and myname.org may revoke your registration
of the domain name.
You also agree that 1stDomain.net
and myname.org shall have the right in its sole discretion to revoke,
suspend, transfer or otherwise modify a domain name registration upon seven
(7) calendar days prior written notice, or at such time as 1stDomain.net
and/or myname.org receive a properly authenticated order from a court
of competent jurisdiction, or arbitration award, re-querying the revocation,
suspension, transfer or modification of the domain name registration.
10. Governing Law
This Agreement, your rights
and obligations and all actions contemplated by this Agreement shall be
governed by the laws of the United States, as if the Agreement was a contract
wholly entered into and wholly performed within the United States. Any
action to enforce this Agreement or any matter relating to your use of
the 1stDomain.net and/or myname.org site shall be brought exclusively
in the courts of the United States located in Hawaii.
11. General
This Agreement, the fee
schedule and the Dispute Policy, together with all amendments or modifications
to any of them, constitute the complete and exclusive agreement between
you and 1stDomain.net and myname.org, and supersede and govern all
prior proposals, agreements, or other communications. Nothing contained
in this Policy shall be construed as creating any agency, partner-ship,
or other form of joint enterprise between the parties. The failure of 1stDomain.net
and/or myname.org to require your performance of any provision hereof
shall not affect the full right to require such performance at any time
thereafter; nor shall the waiver by 1stDomain.net and/or myname.org
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. 1stDomain.net
and/or myname.org 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 1stDomain.net and/or myname.org
as reflected in the original provision. No provision of this Agreement,
including the fee schedule and the Dispute Policy, not be amended or modified
by you except by means of a written document signed by 1stDomain.net and
myname.org
Registration Service: myname.org
USA, July 2001
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