Main Terms and Conditions
1. INTRODUCTION. In this Service Agreement ("Agreement"),"Registrant" "you" and "your" refer to each user, customer ("Customer") and its agents, and "Registrar", "we", "us" and "our" refer to Namescout Corp. ("Namescout.com"). This Agreement explains our obligations to you, and your obligations to us in relation to the service(s) that you purchase and use from us. By selecting Namescout.com service(s) you have agreed to establish an account with us for such service(s). When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Namescout.com service(s) or to modify or cancel your Namescout.com service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our service(s) and the performance of our service(s) will occur at our offices in Whitepark House, White Park Road, Bridgetown, Barbados, the location of our principal place of business. You agree that each person listed in your account information as being associated with your account for any service(s) provided to you is your agent with full authority to act on your behalf for such services in accordance with the permissions granted, including but not limited to the authorization to terminate, transfer (where permitted by this Agreement), or to modify or purchase additional service(s). You also agree that if you list, directly or by default, Namescout.com as a contact for your account for any of the service(s), we have the right, without notice, to remove our name and/or information from any such service(s) and to replace the same with the name and/or information provided by you.
2. SECURITY. When you register a domain name or subscribe to our service(s) with us, we provide you with a password or passphrase that can be used to modify your information. It is your responsibility to safeguard your password or passphrase. You accept full responsibility for modifications made to your service(s) using this password or passphrase
3. VARIOUS SERVICES. The terms of this Agreement are applicable to any and all of the Namescout.com's service(s) you have chosen, including any additional services you may choose in the future which may be offered by Namescout.com from time to time. NOTICE REGARDING BUNDLED SERVICES: If you purchase Namescout.com services that are sold together as a “bundled” package (e.g., you select a web site package that includes both a domain name and hosting services, as opposed to your purchasing such services separately) ("Bundled Services"), termination of any part of the service will result in termination of all services provided as part of the bundled package.
4. FEES AND PAYMENT. As consideration for the services you have selected, you agree to pay Namescout.com the applicable service(s) fees set forth on our Web site at the time of your selection. All fees are due immediately and are non-refundable. Namescout.com may take all remedies available to collect fees owed and may recover from you all costs and expenses (including reasonable attorney fees) incurred by Namescout.com to collect such fees. If you qualify, we may extend payment terms to you.
5. TERM OF SERVICE. Unless otherwise specified, each Namescout.com service, is for a one-year initial term and renewable thereafter for successive one-year terms. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal and, in the case of domain name re-registration, the domain name registry's acceptance of your domain name registration. Should you select to purchase a multiple year term, each year on the anniversary of the registration Namescout.com will pay on your behalf to the registry the required registry fees until the term you have purchased expires or Namescout.com is no longer your registrar. Should the registry raise its fees, Namescout.com will inform you and collect the difference for the term remaining.
In addition to other termination provisions contained in this Agreement, if you purchase Bundled Services, any termination relating to such bundle will terminate all Namescout.com services included in such bundle. For instance, any domain name registered with or maintained by Namescout.com under this Agreement will be cancelled and may thereafter be available for registration by another party. Upon the effective date of termination, Namescout.com will no longer provide the bundled services to you, any leases granted to you shall immediately terminate, and you will cease using such services immediately; provided, however, that Namescout.com may, in its sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees for such services, allow you to convert certain services included in the bundled services to stand alone services.
6. ACCURATE INFORMATION. As further consideration for the Namescout.com service(s), you agree to:
6.1 provide certain current, complete and accurate information about you as required by the domain name application process;
6.2 maintain and update this information as needed to keep it current, complete and accurate; and
6.3 respond within fifteen (15) calendar days to a request by us to update or confirm the accuracy of your information.
We rely on this information to carry out our services for you and comply with the requirements of the registries of domain names and to send you important information and notices regarding your account and our services. Any failure by you to provide or update such information or to respond to our request is a material breach of this Agreement.
7. PRIVACY STATEMENT. Our privacy statement, located on our Web site at http://www.Namescout.com/PrivacyStatement.aspx incorporated herein by reference, sets forth your and our rights and responsibilities with regard to your personal information. You agree to read the privacy policy. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree to periodically review our Web site to be aware of any such revisions. You agree that, by using our services after modifications to the privacy statement 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 by providing us with notice in accordance with Section 25 below. We will not refund any fees paid by you if you terminate your Agreement with us. We will not process the personal information that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement, and we will take reasonable precautions to protect your personal information from loss, misuse and unauthorized access, disclosure, alteration or destruction.
8. THIRD PARTY INFORMATION. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal information you supply to us as part of our services with regard to:
8.1 the purposes for which such third party's personal information has been collected;
8.2 the intended recipients or categories of recipients of the third party's personal information;
8.3 which parts of the third party's information are obligatory and which parts, if any, are voluntary; and
8.4 how the third party can access and, if necessary, rectify the third party's personal information.
You further agree to provide such notice and obtain such consent with regard to any third party personal information you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.
9. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may:
9.1 revise the terms and conditions of this Agreement; and/or
9.2 change the services provided under this Agreement at any time.
Any such revision or change will be binding and effective ten (10) calendar days after the revised Agreement or change to the service(s) is posted on Namescout.com's Web site or upon notification to you in accordance with Section 25 below. You agree to periodically review our Web site, including the current version of this Agreement available on our Web site, to be aware of any such revisions. If you do not agree with any revision to the Agreement or change to the services, you may terminate this Agreement at any time by providing us with notice in accordance with Section 25 below. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you prior to termination of your Agreement with us are nonrefundable, and you will not incur any additional fees. By continuing to use Namescout.com's services ten (10) calendar days after any revision to this Agreement or change in service(s) is posted on our Web site, you agree to abide by and be bound by any such revisions or changes. We are not bound by and you may not rely on any representation concerning this Agreement or our services made by:
9.1. any agent, representative or employee of any third party that you may use to apply for our services; and
9.2. information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Namescout.com is authorized to alter or amend the terms and conditions of this Agreement.
10. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the account ID and the password or passphrase that was provided to you by Namescout.com. Please safeguard your account ID and password or any security authentication option from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account ID and password or passphrase.
11. AGENTS. You agree that, if your agent purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the ICANN UDRP and the Dispute Policy, whether your agent was authorized by you or not. You certify that your agent is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund any fees paid by you or your agent on your behalf for any reason based on any act or omission of your agent.
12. NOTICES AND ANNOUNCEMENTS. You authorize us to notify you, as our Customer, of information that we deem is of potential interest to you. Notices and announcements may include commercial emails and other notices describing changes, upgrades, new products and services or other information pertaining to domain names, Internet security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please send us an email at service@Namescout.com.
13. LIMITATION OF LIABILITY. To the extent permitted at law, Namescout.com and its parent, subsidiary or affiliated companies, and their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Namescout.com services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to:
13.1 any failure or inability to register the domain name;
13.2 any third party claims arising from or based on your domain name or use of our services;
13.3 access delays or access interruptions;
13.4 data non-delivery or data mis-delivery;
13.5 acts of God;
13.6 the unauthorized use or misuse of your account ID or password or passphrase;
13.7 errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement;
13.8 the deletion of or failure to store email messages;
13.9 the development or interruption of your Web site;
13.10 our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee; or
13.11 the application of the ICANN UDRP or the Dispute Policy.
You agree that our entire liability, and your exclusive remedy, with respect to any Namescout.com service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s).
14. INDEMNITY. You agree to release, indemnify, and hold Namescout.com and its parent, subsidiary or affiliated companies, and their respective owners, directors, officers, shareholders, employees, contractors, agents, partners, affiliates, successors and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from your domain name registration or use of your domain name or the Namescout.com services provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from your domain name registration or use of your domain name or the Namescout.com services provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.
In addition, you agree to indemnify and hold harmless the applicable registry operator and its directors, officers, shareholders, 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 related to your domain name registration.
15. BREACH. You agree that your failure to abide by any provision of this Agreement, any Namescout.com operating rule or policy, the ICANN UDRP or the Dispute Policy may be considered by us to be a material breach of this Agreement and that we may provide to you a written notice in accordance with Section 25 below, describing the breach, to you. If within ten (10) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name, transfer the domain name to Namescout.com and/or terminate the other Namescout.com service(s) you are using without further notice. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.
16. REPRESENTATIONS AND WARRANTIES. You agree and warrant that:
16.1 the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other Namescout.com's service(s) is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner;
16.2 to the best of your knowledge and belief that neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of any third party;
16.3 you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;
16.4 you have selected the necessary security option(s) for your domain name registration record; and
16.5 you are of legal age of 18 years or over to enter into this Agreement.
You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an "as is," and "as available" basis.
17. DISCLAIMER. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
19. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to:
19.1 refuse to register your chosen domain name or register you for other Namescout.com service(s); and
19.2 delete your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we delete your domain name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid, less any applicable administration fees.
You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your domain name, the deletion your domain name or our refusal to register you for other Namescout.com service(s).
20. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
21. ENTIRETY. You agree that this Agreement, the rules and policies published by us, the ICANN UDRP, the Dispute Policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the ICANN UDRP, the Dispute Policy and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.
22. NON-ASSIGNMENT. Your rights under this Agreement are not assignable. Any attempt by you to assign your rights shall render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement voidable at our option.
23. GOVERNING LAW. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of that Province. You agree that any action, suit or application will be brought and heard in Ottawa, Canada.
24. AGREEMENT TO BE BOUND. By applying for the service(s) of Namescout.com or an affiliate through our online application process or by applying for and registering a domain name using the service(s) provided by Namescout.com or its affiliates under this Agreement. You acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the ICANN UDRP, the Dispute Policy and any pertinent rules or policies that are or may be published by Namescout.com or ICANN. In addition, if you are registering other top level or country-code domain names, including, but not limited to .AU, .BIZ, .EU, .ORG, and/or other domain names, you have read and agree to the terms and conditions of those provisions.
25. NOTICES. All notices to be provided by either party to this Agreement to the other shall be in writing and shall be validly given if sent by email, personal or courier delivery or by ordinary mail as follows:
25.1 to Namescout.com, at service@namescout.com, Customer Service, Namescout Corp., Whitepark House, White Park Road, Bridgetown, Barbados, and
25.2 to Customer, at the email and postal address provided by you as part of the application process for the domain name registration. Any notice sent by email shall be deemed to have been received upon receipt; by personal or courier delivery on the date of delivery, and by post on the 5th calendar day after mailing.
26. TIME CALCULATIONS. Namescout.com operates in accordance with Greenwich Mean Time (GMT). Any and all references to timing in this Agreement, and all schedules and appendices hereto, are to be interpreted in accordance with GMT.
27. INCORPORATION BY REFERENCE. EACH REGISTRY FOR DOMAIN NAMES AND CERTAIN OTHER SERVICE PROVIDERS WHO SUPPLY CERTAIN Namescout.com SERVICES OFFERED BY Namescout.com TO YOU, REQUIRE US TO INCORPORATE CERTAIN TERMS AND CONDITIONS INTO OUR AGREEMENT WITH YOU, AS SET FORTH BELOW.
ALL SUCH TERMS, AND ALL OF THE OTHER SCHEDULES ATTACHED TO THESE MAIN TERMS AND CONDITIONS, ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT AND APPLY TO YOUR DOMAIN NAME(S) AND ANY APPLICABLE Namescout.com SERVICES PURCHASED BY YOU, AND YOU AGREE TO BE BOUND BY THEM.
28. TAXES. All domain name registrations, email, hosting or any other services offered by Namescout.com are subject to the Goods and Services Taxes unless you meet the following requirements:
28.1 You certify that you are neither a Canadian resident nor reside in Canada or its territories; and
28.2 You warrant that your billing address is located outside Canada.
29. SURVIVAL: In the event this Agreement terminates as provided herein, Sections 1, 3, 4, 11, 13, 14, 17, 20, 21, 22, 23, 24, 25 and 27 of this Agreement, and all releases, indemnities, waivers and disclaimers set forth in any Schedule annexed hereto, shall survive such expiration or termination.
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Schedule A: Terms and conditions relating to domain name registration
1. NO GUARANTY: You agree that, the registration of your chosen domain name does not confer immunity from objection to either the registration or use of your domain name.
2 SECURITY: Namescout.com does not guarantee the security of your domain name registration records, and you assume all risks that the password and/or passphrase you select may be compromised as a result of fraudulent, unauthorized or illegal use.
3. TRANSFERS. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us (except for .au and .name domain names).
4. LEASING OF DOMAIN NAME. If you lease the use of the domain name or our domain name registration services to a third party, you will remain our Customer and you are responsible for complying with all terms and conditions of this Agreement.
5. USE OF INFORMATION.
5.1 In accordance with our privacy statement, which can be found at http://www.Namescout.com/PrivacyStatement.aspx, and in order for us to comply with the current rules and policies of the domain name system, you hereby grant Namescout.com the right to to disclose to the public the following mandatory information that you are required to provide when registering or reserving a domain name:
5.1.1 the domain name(s) registered by you;
5.1.2 your name and postal address;
5.1.3 the name(s), postal address(es), email address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain name(s);
5.1.4 the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);
5.1.5 the corresponding names of those nameserver(s);
5.1.6 the original creation date of the registration; and
5.1.7 the expiration date of the registration.
5.2 In addition, we are required to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via email (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
6. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, you agree to be bound by ICANN's Uniform Domain-Name Dispute-Resolution Policy (the "ICANN UDRP" and others as applicable) that are incorporated herein and made a part of this Agreement by reference. The current version of the ICANN UDRP may be found at ICANN's Web site: http://www.icann.org/udrp/udrp.htm. Please take the time to familiarize yourself with that policy.
7. 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 the Namescout.com dispute policy (the "Dispute Policy") in effect at the time of the dispute.
The Dispute Policy is currently as follows:
Notwithstanding anything in this Agreement to the contrary, you agree that in the event a domain name dispute arises with any third party, (i) you will submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your domicile and the Province of Ontario, Canada; and (ii) 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 domain name registration or your use of our domain name registration services, you will not be permitted to make any changes to your domain name record without our prior approval. We will not allow you to make changes to such domain name record until:
7.1 we are directed to do so by the judicial or administrative body, or
7.2 we receive written notification by you and the other party contesting your registration or use of our domain name registration services that the dispute has been settled.
Furthermore, you agree that if we and/or you are subject to litigation regarding your registration or use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial or administrative body by supplying a party with a registrar certificate from us.
8. 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 to periodically review our Web Site to be aware of such revisions. 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 by providing written notice to us in accordance with Section 25 under the Main Terms and Conditions. We will not refund any fees paid by you if you terminate your Agreement with us.
9. EXPIRATION OF DOMAIN NAME REGISTRATIONS. You agree that we may, but are not obligated to, allow you to renew your domain name after its expiration date has passed. Should you choose not to renew your domain name during any applicable grace period (up to 40 days after domain expiration), you agree that we may, in our sole discretion, delete the domain registration, renew the registration or transfer the domain name to a third party on your behalf (the "Transfer"). In the event we are able to identify such a third party ("Third Party") and effectuate such a Transfer, we will notify you via email after the transaction is completed ("Transfer Notification"). You acknowledge and agree that the Transfer may be facilitated through a single Third Party, or through an auction involving one or more parties interested in your domain name. You agree that we shall have no obligation to pay you, and you shall have no right to receive, any percentage of the proceeds of the Transfer. We cannot guarantee, and we make no representation or promise, that any Transfer will occur with respect to your domain name.
10. NEW CUSTOMERS THROUGH AN AFTERMARKET SERVICE PROVIDER: If you are registering a domain name through an aftermarket service provider and that domain was registered with, and not yet deleted by, Namescout.com at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of a Transfer (as defined in section 9). If you are registering a domain name through an aftermarket service provider and the domain name was not registered with Namescout.com at the time of your purchase but was deleted by the applicable top-level domain registry at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the date it is initially registered with Namescout.com by the provider of the backorder service.
11. PARKED AND COMING SOON PAGES FOR ACTIVE DOMAINS: You acknowledge and agree that any and all domain names that are (i) registered with Namescout.com, (ii) hosted by a third party through Namescout.com as part of a Subscription Service, and (iii) do not otherwise resolve to an active website, may resolve to a "coming soon" or similar temporary web page ("Coming Soon Page"), and that Namescout.com may place on any such Coming Soon Page promotions, advertisements and other information for, and links to, Namescout.com's website, Namescout.com's product and service offerings, third party websites, third party product and service offerings and/or Internet search engines. You agree that Namescout.com may change the content and/or appearance of, or disable, any Coming Soon Page at any time, in its sole discretion, and without prior notice. You agree that any and all revenue generated from such a Coming Soon Page enures to the benefit of Namescout.com. You may discontinue use of the Coming Soon Page for your registered domain at any time by logging into your account and making such changes.
12. PARKED AND COMING SOON PAGES FOR EXPIRED DOMAINS: You agree that after the expiration date of your domain name registration and before it is deleted, renewed or transferred, we may direct your domain name to an IP address designated by us, including, without limitation, an IP address which hosts a parked, coming soon or other temporary page ("Coming Soon Page") that may include promotions, advertisements and other information for, and links to, Namescout.com's website, Namescout.com's product and service offerings, third party websites, third party product and service offerings and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain. You agree that Namescout.com may change the content and/or appearance of, or disable, any Coming Soon Page at any time, in its sole discretion, and without prior notice. You agree that any and all revenue generated from such a Coming Soon Page enures to the benefit of Namescout.com or such third party as designated by Namescout.com.
13. REVOCATION: You agree that we may delete your domain name if the information that you provide to us or subsequently modify contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain name registration services. You agree that we may terminate immediately and without notice our service(s), including our domain name registration services, in the event that you use such service(s) for any improper purpose, as determined in our sole discretion. Furthermore, you agree that we may suspend, cancel or transfer your domain name in order to:
13.1 comply with any ICANN adopted specification or policy, or any Namescout.com or registry operator procedure not inconsistent with an ICANN adopted specification or policy; or
13.2 correct mistakes made by us or the registry in registering your chosen domain name; or
13.3 resolve a dispute under the ICANN UDRP or the Dispute Policy. We will not refund any fees paid by you prior to termination of our services.
14. SURVIVAL: In the event this Agreement or Schedule terminates, Sections 3, 4, 5, 6, 7, 8, 9 and 13 of this Schedule shall survive such expiration or termination.
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Schedule B: Terms and conditions applicable to .name registrations:
1. REPRESENTATIONS AND WARRANTIES OF REGISTRANT. You hereby represent, warrant and agree:
(a) that the registered domain name or second level domain (“SLD”) email address is your Personal Name; (b) that the registration satisfies the Eligibility Requirements; (c) to be subject to the Eligibility Requirements Dispute Resolution Policy (the "ERDRP") and the Uniform Domain Name Dispute Resolution Policy (the "UDRP"); and (d) 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, the ability or inability of Registrant to obtain a Registered Name or SLD E-mail Address registration using these processes; or (ii) any dispute over any Registered Name, SLD E-mail Address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.
2. ADDITIONAL PROVISIONS RELATING TO DOMAIN NAME DISPUTES. In addition to section 14, 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.
3. 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, 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 [Registrar] 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.
4. 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.
5. 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.
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Schedule C: Terms and conditions applicable to .name defensive registrations:
1. 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.
2. REPRESENTATIONS AND WARRANTIES OF DEFENSIVE REGISTRANT. You hereby represent, warrant and agree:
(a) that the registration satisfies the Eligibility Requirements;
(b) that the Defensive Registration will be subject to challenge pursuant to the ERDRP;
(c) that if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and
(d) that if a challenge is successful, then the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registrant’s other Defensive Registrations;
(e) that if a Phase I Defensive Registration (as described in Appendices C and L to the Registry Agreement) 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; and
(f) 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, the ability or inability of Defensive Registrant to obtain a Defensive Registration or NameWatch Registration using these processes; or (ii) any dispute over any Registered Name, SLD E-mail Address, Defensive Registration or NameWatch Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.
3. DOMAIN 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
4. 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.
5. 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.
6. 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.
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Schedule D: Terms and conditions applicable to all .au registrations:
This document sets out the terms and conditions of your application for a Domain Name, and if successful, your Domain Name Licence. It records the agreement between you, the applicant or holder of a Domain Name Licence, and us, the registrar, in relation to the Domain Name.
Summary of Terms and Conditions
(a) If your application for a domain name is accepted and approved, you will be granted a two year Domain Name Licence for that domain name
(b) You are required to make several statements to us in relation to your domain name application – please read them carefully to ensure that those statements are correct
(c) You are entitled to transfer your domain name registration to another registrar, and we will facilitate such transfer for you according to our obligations under auDA's Published Policies (see www.auda.org.au)
(d) You are bound by the .au Dispute Resolution Policy (auDRP) in relation to your registered domain name, as well as such other dispute resolution policy which may be adopted by auDA from time to time
(e) You accept that our liability and auDA's liability to you under these terms and conditions are limited
1. DEFINITIONS.
In this document, unless the context requires otherwise:
auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.
Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.
Domain Name Licence means your licence to use the Domain Name which is the subject of your application.
Published Policies means those specifications and policies established and published by auDA from time to time at.
Registry Operator means the operator of the domain names registry for the Domain Name.
We, our or us refer to NameScout Corp. the registrar of record for your Domain Name Licence.
You or your refer to the person applying for, or the holder of, a Domain Name Licence.
2. GENERAL
You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.
3. DOMAIN NAMES APPLICATION AND REGISTRATION
3.1 Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
3.2 You accept that even if we have accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.
3.3 You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.
3.4 All personal information pertaining to you are held by auDA for the benefit of the Australian public.
4. DOMAIN NAME LICENCE
4.1 Your Domain Name Licence will be effective for a two year period, once:
(a) your application is accepted and approved by us and by the Registry Operator, and
(b) you have paid the applicable fees,
unless it is cancelled earlier under the terms of this document or under any Published Policies.
4.2 Your Domain Name Licence may be renewed every two years, as long as you:
(a) pay the applicable renewal fees, and
(b) continue to meet the eligibility criteria prescribed in the Published Policies.
4.3 You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
4.4 You may cancel your Domain Name Licence at any time by notifying us in writing.
4.5 We may cancel your Domain Name Licence if you breach any provision of this document.
5. YOUR STATEMENT TO US
5.1 You confirm and state to us and to auDA separately that:
(a) all the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith, and
(b) you meet, and continue to meet, for the duration of the Domain Name Licence, the eligibility criteria prescribed in the Published Policies for registering the Domain Name, and
(c) you have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
(i) you are relying upon the same eligibility criteria for both domain names, and
(ii) the Domain Name has previously been rejected by the other registrar, and
(d) your registration or use of the Domain Name does not infringe any person's legal rights, and
(e) you are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.
5.2 You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name Licence.
5.3 You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of any of us relying upon your above statements.
6. OUR OBLIGATIONS TO YOU
6.1 Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
6.2 We will give you immediate notice if:
(a) we are no longer an accredited registrar, or
(b) our auDA Accreditation is suspended or terminated, or
(c) our registrar agreement with auDA is terminated by auDA.
6.3 auDA may post notice of:
(a) the fact that we are no longer an accredited registrar, or
(b) the suspension or termination of our auDA Accreditation, or
(c) the termination of our registrar agreement with auDA, on its web site, and may, if it considers appropriate, give such notice to you directly.
7. YOUR OBLIGATIONS TO US
7.1 You must comply with the Published Policies, as if they were incorporated into, and form part of, this document. In the event of any inconsistency between any Published Policy and this document, then the Published Policy will prevail to the extent of such inconsistency.
7.2 You acknowledge that under the Published Policy:
(a) there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this document, and
(b) you are bound by, and must submit to, the .au Dispute Resolution Policy (auDRP), and
(c) auDA may delete or cancel the registration of a .au domain name.
7.3 Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.
8. USE OF YOUR INFORMATION
You give to:
8.1 auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;
8.2 us, the right to disclose to the Registry Operator, all information which are reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;
8.3 the Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.
9. DISPUTE RESOLUTION
9.1 auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.
9.2 The auDRP binds you and us severally as if it were incorporated in this document.
9.3 You accept that:
(a) auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us, and
(b) such policies bind you and us severally as if they were incorporated in this document.
10. TRANSFER OF REGISTRARS
10.1 We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:
(a) the maximum fees which we can charge you for such transfer,
(b) when we are not allowed to charge you fees,
(c) the conditions under which we must transfer the registered Domain Name, and
(d) the conditions under which we are entitled not to transfer the registered the Domain Name.
10.2 If:
(a) we are no longer an accredited registrar, or
(b) our auDA Accreditation is suspended or terminated, or
(c) our registrar agreement with auDA is terminated by auDA,
then we will transfer the registered Domain Name to a new registrar in accordance with the Published Policies within 30 days of a written notice being provided to you by auDA.
10.3 If our registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.
11. LIMITATION OF LIABILITIES
11.1 You must not pursue any claim against auDA or against us, and to the fullest extent permitted by law, neither auDA nor we are liable to you for any direct, indirect, special, punitive, exemplary or consequential losses or damages of any kind, including but not limited to losses or damages resulting from loss of use, lost profits, loss or corruption of data, business interruption, lost business revenue or third parties damages, arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA or us, or any of auDA's or our employees, agents or contractors, including but not limited to any breach by us of our obligations under this document, or under our registrar agreement with auDA.
11.2 You agree to indemnity, keep indemnified and hold auDA and us, and auDA's and our employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the Domain Name.
11.3 You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate our registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement.
11.4 You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.
11.5 Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors.
11.6 Nothing in this document is to be read as excluding, restricting or modifying the operation of Trade Practices Act 1974, or the application of any legislation which by law cannot be excluded, restricted or modified.
12. OUR AGENCY
We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third party beneficiary of this document.
13. GENERAL
13.1 In this document:
(a) a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
(b) a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
(c) headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and
(d) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
13.2 All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect
13.3 If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.
13.4 This document is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria, Australia and waives any right to object to proceedings being brought in those courts.
The above terms and conditions contained in this Schedule D - Registry Operator Terms and Conditions Applicable to all .AU Registrations are © Maddocks, and .au Domain Administration Limited 2008. Used with permission.
14. REFUND POLICY
Applications for .au domains that have been rejected are eligible for refund. Please email your refund request to service@namescout.com. Namescout Corp will verify that you are eligible for refund, and will, by return email confirm the status of your refund request. Namescout Corp will make every effort to process your refund within 30 days of receiving the request.
15. COMPLAINTS HANDLING POLICY
Namescout Corp is committed to providing quality Customer Service and we aim to resolve any Registrant complaints or disputes quickly, fairly and efficiently. Namescout Corp also respects your right to complain, which is also outlined in the .au Domain Name Suppliers' Code of Practice. To read the Code, please refer to the web site located at http://www.auda.org.au/help/faq-index/. To notify Namescout Corp of your complaint or dispute, please send an email to customerservice@namescout.com. Namescout Corp typically responds to all inquiries submitted by email within 24 hours of its receipt, during our regular hours of operation. We will make every effort to provide a response to your complaint or dispute within 30 days.
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Schedule E: Terms and conditions applicable to all .cn registrations:
1. REPRESENTATIONS AND WARRANTIES. You represent and certify that, to the best of your knowledge and belief, (i) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party, (ii) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder, (iii) you are of legal age to enter into this Agreement, and (vi) you agree to comply with all applicable laws, regulations and policies of the Peoples Republic of China’s governmental agencies and the China Internet Network Information Center (“CNNIC”), including but not limited to the following rules and regulations: (i) China Internet Domain Name Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml); (ii) CNNIC Detailed Rules of Internet Domain Name Registration Administration (currently at http://www.cnnic.net.cn/ruler/16.shtml); (iii) CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml); and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-9.shtml).
2. 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) the Registered Name; (ii) the names of the primary nameserver and secondary nameserver(s) for the Registered Name; (iii) your name, postal address, e-mail address, voice telephone number and (where available) fax number; (iv) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; (v) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name; (vi) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Registered Name; (vii) any remark concerning the registered domain name that should appear in the Whois directory; and (viii) any other data CNNIC, as the Registry, requires be submitted to it. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory pursuant to the CNNC Policy. 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 CNNIC.
3. BUSINESS OR ORGANIZATION REPRESENTATION. The .cn top-level domain space is intended for businesses and organizations and not for individual use. By registering a .cn domain name, you hereby represent that you have registered the domain name on behalf of a business or organization.
4. INACCURATE OR UNRELIABLE DATA. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement.
5. MAXIMUM TERM. The maximum term for a domain name registration in the .cn TLD shall be five (5) years. Domain Name Registrations shall be available for terms of one, two, three, four and five years.
6. PROHIBITED USES FOR .CN DOMAIN NAME. Registrant may not register or use a domain name that is deemed by CNNIC to:
(i) Be against the basic principles prescribed in the Constitution of the Peoples Republic of China (“PRC”);
(ii) Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity of the PRC;
(iii) Harm national honor and national interests of the PRC;
(iv) Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
(v) Violate the PRC’s religion policies or propagate cult and feudal superstition;
(vi) Spread rumors, disturb public order or disrupt social stability of the PRC;
(vii) Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
(viii) Insult, libel against others and infringe other people's legal rights and interests in the PRC; or
(ix) Take any other action prohibited in laws, rules and administrative regulations of the PRC.
7. TRUE REGISTRANT OF DOMAIN NAME. By registering a .cn domain name, you shall be the registrant of record and responsible for providing 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 domain name. You accept liability for harm caused by wrongful use of the domain name.
8. DOMAIN NAME DISPUTE POLICY. If you have registered a second or third-level .cn domain name through us, you agree to be bound by the CNNIC Domain Name Dispute Resolution Policy & Rules for CNNIC Domain Name Dispute Resolution Policy (“Dispute Policy”), http://www.cnnic.net.cn/ruler/20.shtml, which 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 policies of the CNNIC, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement.
9. DOMAIN NAME DISPUTES 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 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.
10. 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 the 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, CNNIC and NeuStar, Inc.(“Registry Gateway Provider”), harmless pursuant to the terms and conditions set forth 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.
11. JURISDICTION. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where Registrar is located, and 3) the People’s Republic of China.
12. GOVERNING LAW. For the adjudication of a dispute concerning or arising from use of the domain name, such dispute shall be governed under the Laws of the Peoples Republic of China.
13. SUSPENSION, CANCELLATION OR TRANSFER. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any CNNIC adopted specification or policy, or pursuant to any registrar or CNNIC procedure not inconsistent with a CNNIC adopted specification or policy, (1) to correct mistakes by Registrar or the CNNIC in registering the name or (2) for the resolution of disputes concerning the domain name.
14. INDEMNIFICATION. The Registrant shall indemnify and hold harmless the Registrar, Registry Gateway Provider and CNNIC and their directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i) domain name registration and (ii) use of any of a domain name.
Reservation by CNNIC and Registry Gateway Provider. Registrar, the Registry Gateway Provider and CNNIC reserve the right to deny, cancel or transfer any registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of CNNIC, the Registry Gateway Provider or Registrar, as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by Registry Gateway Provider, CNNIC or any registrar in connection with a domain name registration. CNNIC, Registry Gateway Provider and Registrar also reserve the right to freeze a domain name during resolution of a dispute.
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Schedule F: Terms and conditions applicable to all .info registrations
.INFO DOMAIN NAME HOLDER ("Registrant") consents to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the Registry Operator and its designees and agents in a manner consistent with the purpose specified pursuant to the Registrar's agreement with the Registry; submits to proceedings commenced under ICANN's UDRP located at http://www.icann.org/udrp/udrp.htm. The Registrant acknowledges that Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Domain Name Registration.
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Schedule G: Terms and conditions applicable to all .us registrations
1. INFORMATION.
(a) You, the Customer, will provide to Namescout.com accurate and reliable contact details and promptly correct and update such details during the term of the .US TLD domain name registration, including: your full name, postal address, e-mail address, voice telephone number, fax number if available, and if you are an organization, association, or corporation, the name of an authorized person for contact purposes. In addition, you will provide to Namescout.com, and will promptly correct and update, the IP address and corresponding names of the primary nameserver and secondary nameserver(s) for the .US TLD domain name which is being registered (the “Registered Name”).
(b) You hereby acknowledge and agree that your willful or grossly negligent provision of inaccurate or unreliable information, or your willful or grossly negligent failure to promptly update information provided to Namescout.com shall constitute a material breach of your agreement with Namescout.com and be a basis for cancellation of the Registered Name.
2. ENFORCEMENT OF ACCURATE WHOIS DATA.
(a) Namescout.com will investigate written complaints from third parties regarding false and/or inaccurate Whois data of Customers. If Namescout.com determines that your information is false, inaccurate or not up to date, Namescout.com will notify you via e-mail that your Whois record may be false, inaccurate or not up to date.
(b) You will be required to update your contact information no later than thirty (30) calendar days from the date of such notice. If, within thirty (30) days, you can either (i) show that you have not provided false or inaccurate contact information or (ii) provide the updated Whois information, then you will be allowed to maintain your Registered Name. If, however, after thirty (30) days, you do not respond to Namescout.com’s notice or are unable to provide true and accurate contact information, you will be deemed to have breached the registration agreement and Namescout.com will be required to delete the registration.
(c) Namescout.com shall not be required to refund any fees paid by you if Namescout.com terminates your registration agreement due to its enforcement of this provision
3. ENFORCEMENT LICENSING USE OF REGISTERED NAME.
(a) You hereby acknowledge and agree that if you license use of your Registered Name to a third party you nonetheless remain the registrant of record and are responsible for providing your 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 Registered Name. If you are licensing use of a Registered Name you hereby accept liability for harm caused by wrongful use of the Registered Name, unless you promptly disclose the identity of the licensee to the party providing reasonable evidence of actionable harm.
4. NO INFRINGEMENT AND DISPUTE RESOLUTION.
(a) You hereby represent that, to the best of your knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
(b) For the adjudication of disputes concerning or arising from use of a Registered Name, you hereby agree and covenant to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, (2) where Namescout.com located, and 3) the United States.
5. REGISTRATION SUBJECT TO POLICIES AND PROCEDURES.
(a) You hereby acknowledge and agree that your registration of the Registered Name is subject to suspension, cancellation, or transfer pursuant to any specification or policy adopted by the registry of .US TLDs, Neustar, Inc., (the “Registry”), or pursuant to any Namescout.com procedure not inconsistent with a Registry adopted specification or policy, (1) to correct mistakes by Namescout.com or the Registry in registering the name or (2) for the resolution of disputes concerning the Registered Name.
(b) You hereby acknowledge and agree that the Registry reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration. The Registry also reserves the right to freeze a Registered Name during resolution of a dispute.
(c) You hereby agree to comply with all standards, policies, procedures and practices respecting the .US TLD established by the Registry, the United States Department of Commerce (“DoC”), the usTLD Policy Council and ICANN (including without limitation ICANN policies pertaining to open country code TLDs).
6. INDEMNIFICATION.
(a) You hereby agree to indemnify and hold harmless the Registry and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to your (i) domain name registration and (ii) use of any Registered Name.
7. NEXUS REQUIREMENTS.
(a) You hereby certify that you meet the following requirements (the “Nexus Requirements”) to qualify to register to use a Registered Name:
(i) The listed nameservers provided pursuant to Section 1 above are located within the United States of America; and
(ii) You are either:
(A) A natural person (i) who is a citizen or 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 territories, or
(C) An entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States.
(b) You hereby acknowledge and agree that your failure to abide by the Nexus Requirements shall be a basis for cancellation of the Registered Name.
(c) You hereby agree and acknowledge that any dispute as to whether Nexus Requirements have been met shall be subject to the Nexus Dispute Policy of the Registry, the current version of which may be found at http://www.neustar.us/policies/. The registry reserves the right to modify the Nexus Dispute Policy at any time, and revisions will be posted at least 30 days before such revisions become effective.
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Schedule H: Terms and conditions applicable to all .mobi registrations
Indemnify to the maximum extent permitted by law, 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 the Registered Name Holder's domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement.
Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement.
Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotMobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotMobi have vested and that dotMobi has relied on its third party beneficiary rights under this Agreement in agreeing to Registrar being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotMobi shall survive any termination or expiration of this Agreement.
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar.
Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy.
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP").
Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name.
Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration 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 made during the limited industry launch or over a Sunrise Registration.
Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.
Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotMobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotMobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.
Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.
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Schedule I: Terms and conditions applicable to all .CO registrations
Definitions:
Administrator: .Co Internet S.A.S., (“Administrator”) was appointed by the Ministry of Information Technologies and Communications of the Republic of Colombia as the designated manager for the .co country code top-level domain and redelegation has been approved by ICANN and executed in early February 2010
The Registrant agrees to the following:
1. The data provided in the domain name registration application is true, correct, current and complete and Applicant will ensure that all such information is kept up to date;
2. Neither the registration nor the use of the requested domain name interferes with or infringes upon the lawful rights of any person;
3. The domain name has not been registered for and will not be used for any purpose that is fraudulent, illegitimate or otherwise in conflict with any applicable laws, rules, regulations, ordinances or decrees, including, without limitation for the submission of unsolicited bulk e-mail, phishing, pharming use of botnets or malware, infringement of the legitimate trademark rights of others, or any other abusive practices;
4. The Applicant has the full power and authority to enter into the Registration Agreement on behalf of the Registrant and will be responsible for any errors, falsifications or omissions of information.
5. That the registration and exclusive and perpetual right of use and enjoyment for any Registered Name may be cancelled if Administrator, REGISTRAR or its providers determines that Registrant has provided information that is incorrect, false or inaccurate either in the initial registration process or in any subsequent communications or in the event Applicant violates any of the terms of the Registration Agreement.
6. To follow and be bound by all Administrator Policies (including, without limitation, the Administrator Privacy Policy), as the same may be updated, modified or replaced from time to time, and to subject themselves to any dispute resolution process for the resolution of disputes regarding Registered Names that may be adopted by Administrator, as the same may be updated, modified or replaced from time to time, including, but not limited to, any expedited processes for suspension of a domain name due to claims sought by intellectual property right holders.
7. That the domain name may be suspended, terminated, canceled or transferred in the interest of safeguarding compliance with security of the Systems involved in the .CO Registration System or registration policies or as a result of a dispute resolution.
8. That all official contact, correspondence and/or other information sent from or on behalf of REGISTRAR, its providers, Administrator, or any other relevant official will be transmitted to the administrative contact information that appears in the Registry Database and that the designated administrative contact is authorized to receive all such communication and information.
9. That Registrant gives its consent and authorization to REGISTRAR, its providers, and Administrator to publish the following information in the WHOIS database and elsewhere:
(i) Names, addresses, telephone numbers and email addresses of the Registrant and Registrant’s designated administrative, technical and billing contacts.
(ii) Dates related to the creation, last update and expiration of the Registered Name.
10. That all disputes, claims or controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .Co TLD between the Registrant and the Administrator, or the providers employed to access Administrator´s Systems shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogotá, Colombia.
11. That Registrant assumes all responsibility and liability arising out of any assignment by Registrant of the Registered Name, including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any sub--domain of the Registered Name or any Website associated with the Registered Name.
12. That neither REGISTRAR’s acceptance of the Applicant’s registration request nor the actual registration of any Registered Domain shall be deemed an indication that Administrator, REGISTRAR, its providers, or the Colombian Government has made any determination regarding the legality of the registration, the extent to which Registrant’s registration and exclusive and perpetual right of use and enjoyment of the Registered Name may violate any applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Administrator, REGISTRAR, its providers nor the Colombian Government shall have any liability or responsibility arising therefrom.
13. That Registrant shall be bound by the terms and conditions of the initial launch and general operation of the .Co TLD, including without limitation the Sunrise and Landrush periods, and the corresponding dispute resolution policies, and that Administrator, REGISTRAR or its providers shall have no liability of any kind for any loss or liability resulting from
(a) the ability or inability of an Applicant to obtain a Registered Name during these periods, or (b) the results of any dispute procedures.
14. Information To Be Collected From Registrants
To register a name, Registrants must provide the following minimum registration information:
a) The domain name registered;
b) The IP address and corresponding names of the primary and secondary name servers for the Registered Name;
c) The original creation date and term of the registration;
d) The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the Registrant of the Registered Name;
e) The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and
f) The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
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Schedule J: Terms and conditions applicable to Namescout.com email services
The following terms and conditions of use and any amendments thereto (the "Email Terms") apply to your access to, and use of, the email and related services offered by Namescout.com (the "Email Service"). These Email Terms may be changed in the future without further notice, and your continued use of the Email Service following any such changes constitutes your acceptance of the new terms. These Email Terms do not alter in any way the non-conflicting terms or conditions of this Agreement or any other agreement you may have with Namescout.com for products, services or otherwise. To the extent any of the Email Terms are in conflict or inconsistent with any other term or condition of the Agreement, these Email Terms shall govern to the extent of the conflict or inconsistency.
1. Privacy Policy. In addition to the terms of the Namescout.com privacy statement, you agree that Namescout.com may access and disclose information about you or your use of the Email Service when Namescout.com deems necessary or appropriate to comply with the law or legal process, to protect Namescout.com's systems and customers, or to ensure the integrity and operation of Namescout.com's business and systems. Such disclosure may include, without limitation, user profile information (e.g., name, email address, etc.), IP address and traffic information, usage history, and posted content. Namescout.com's right to disclose any such information shall govern over any terms of Namescout.com's privacy statement.
2. Access Restriction & Password Security. Namescout.com reserves the right to deny in its sole discretion any user access to the Email Service or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Namescout.com, and for any use or misuse of your account or the Email Service resulting from any third party using a password or user name issued to you.
3. No "SPAMMING". You shall not use the Email Service for chain letters, junk mail, "spamming" or any use of distribution lists to any person who has not given specific permission to be included in such a process. An email advertisement which is (a) addressed to a recipient with whom the initiator does not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("spam" or "spamming") is strictly prohibited by Namescout.com. If any user uses the Email Service for spamming, Namescout.com reserves the right to immediately terminate that user's access to the Email Service and to seek appropriate legal recourse as necessary. If any user believes that others are using the Email Service for spam, please contact Namescout.com at service@Namescout.com.
4. User Conduct.
4.1 Namescout.com reserves the right, but does not assume the responsibility, to monitor or review user conduct on the Email Service. Use of the Email Service is subject to all applicable local, state, provincial, federal and international laws and regulations. You agree: (1) to comply with U.S. and Canadian law regarding the transmission of technical data exported from the United States or Canada through the Email Service; (2) not to use the Email Service for illegal purposes; and (3) not to interfere or disrupt networks connected to the Email Service.
4.2 In using the service, you agree not to:
4.2.1. Harvest or otherwise collect information about others, including without limitation names and email addresses, without their consent;
4.2.2. Transmit through the Email Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
4.2.3. Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Email Service;
4.3.3. Transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, federal or international law or regulation;
4.3.4. Interfere with another User's use and enjoyment of the Email Service or another entity's use and enjoyment of similar services;
4.3.5. Advertise or offer to sell or buy any goods or services for any non-personal purpose;
4.3.6. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
4.3.7. Interfere with or disrupt networks connected to the Email Service or violate the regulations, policies or procedures of such networks;
4.3.8. Attempt to gain unauthorized access to the Email Service, other accounts, computer systems or networks connected to the Email Service, through password mining or any other means;
4.3.9. Use or attempt to use another's account, service or system without authorization from Namescout.com, or create or use a false identity on this Email Service; or
4.3.10. Engage in any other conduct which, in Namescout.com's sole discretion, is considered unauthorized or objectionable.
5. Proprietary Rights.
5.1 You acknowledge and agree that any material, including but not limited to text, compilations, graphics, software, music, sound, photographs, video, or other material contained or distributed on or through the Email Service, by Namescout.com, its advertisers or other third parties ("Content"), is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not use or distribute any Content received through the Email Service without the authorization of the content owner, except for your personal, non-exclusive use. You agree not to modify, copy, reproduce, republish, upload, post, transmit, sell or distribute Content available through the Email Service, including code and software, in violation of applicable copyright and other intellectual property laws.
5.2 WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE Namescout.com SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
5.3 You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States and Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. or Canadian export restrictions.
6. Trademarks. Namescout.com and the Namescout.com logo are trademarks of Namescout.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Namescout.com. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Namescout.com or its contractors or suppliers, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Namescout.com. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
7. Submissions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Namescout.com, or postings on this Email Service, are non-confidential and shall become the sole property of Namescout.com. Namescout.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Namescout.com, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.
8. Linking.
8.1 You may not use, frame or utilize framing techniques to enclose any Namescout.com trademark, logo or other proprietary information, including the images found at this Email Service, the content of any text, or the layout/design of any page or form contained on a page, without Namescout.com's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing any Namescout.com name, trademark, or product name without Namescout.com's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Namescout.com or any third party.
8.2 Namescout.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Email Service, or Web sites linking to this Email Service. The linked sites are not under the control of Namescout.com, and Namescout.com is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Namescout.com is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by or between Namescout.com and any third party.
9. Third Party Content & Email Services.
9.1 Namescout.com may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Namescout.com does not monitor, and has no control over, any Third Party Content or third party Web sites. Namescout.com does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Namescout.com does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content.
9.2 When leaving the Namescout.com site, you should be aware that Namescout.com's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Your use of these links and Third Party Content contained therein is at your sole risk.
10. Copyright Policy & Copyright Agent.
10.1 9.2 When leaving the Namescout.com site, you should be aware that Namescout.com's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Your use of these links and Third Party Content contained therein is at your sole risk.
10.2 If you believe that Namescout.com or any user of our site has infringed your copyright in any material way, please notify Namescout.com, and provide the following information (the "Notice"):
10.2.1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
10.2.2. An identification of the copyrighted work claimed to have been infringed.
10.2.3. An identification of the material that you claim is infringing so that we may locate it on the Email Service.
10.2.4. Your address, telephone number, and email address.
10.2.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
10.2.6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
However, unless ordered by a court of a competent jurisdiction or an administrative body, Namescout.com does not have to take any action against an alleged infringement.
11. No Resale. You agree not to resell or make any commercial use of the Email Service without Namescout.com's express written consent.
12. Termination. Notwithstanding any of these terms and conditions of use, Namescout.com reserves the right, without notice and in its sole discretion, to terminate your use of this Email Service, to change or eliminate any of the services we provide, and to block or prevent future access to and use of this Email Service. If your account is terminated for violation of these Email Terms, you will not be entitled to any refunds. Should you object to these Email Terms or become dissatisfied with the Email Service in any way, your only recourse is to immediately discontinue your use of the Email Service and terminate your account.
13. Severability. If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.The terms of this section survive any termination of the Email Terms.
14. Modification & Amendments. Namescout.com reserves the right to amend at any time any policies governing this Email Service, including these Email Terms, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective upon posting. If you do not accept the amended terms, you should cease using this Email Service.
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Schedule K: Terms and conditions applicable to all web site and hosting services
1. Definitions.
For purposes of this Schedule, the following capitalized terms shall have the meanings ascribed to them below:
1.1. "Namescout.com Web Site" means any pre-designed, customizable Namescout.com Web site template licensed by Namescout.com to end users.
1.2. "Subscription Service" means any of the Namescout.com subscription service packages that are available for purchase by end users on a monthly basis, for a monthly fee, that combine the Namescout.com Web Site license, the Web Site Manager Service and the Web Hosting Service, all as described on the Namescout.com Web site located at the URL www.Namescout.com.
1.3. "Web Site Manager Service" means the Namescout.com on-line tool that allows customers to access their Namescout.com Web Site, add/modify content, upload images and make generic changes to their Namescout.com Web Site.
1.4. "Web Hosting Service" means the Web hosting services provided by a third party through Namescout.com as part of a Subscription Service.
2. Payment.
In addition to the payment terms under Section 4 under the Main Terms and Conditions of the Agreement, the following provisions shall also apply solely with respect to the Subscription Service:
2.1. Namescout.com in its sole discretion, shall determine the prices it will charge for the Subscription Service, and the terms and conditions applicable to the same, and Namescout.com may, upon providing thirty (30) days' notice to you, amend such pricing and/or terms and conditions. If you do not agree to the change(s), you may terminate your Subscription Service as provided in Section 5 of this Schedule within that thirty (30) days; otherwise all such changes shall thereafter be effective with respect to your account, and you agree that we are authorized to charge your credit card for the new monthly Subscription Service fee.
2.2. Billing for the Subscription Service will be by valid credit card (acceptable to Namescout.com) at the time of purchase. If you elect to subscribe to a service that requires a monthly payment, your monthly payments for the same will be automatically charged to the credit card provided by you (and acceptable to Namescout.com) at the time of your purchase (with such payments being charged in advance on a monthly basis), and you hereby agree that Namescout.com is authorized to so charge your credit card.
3. Conduct.
You agree to abide by the terms and conditions set forth herein and be bound by the applicable provisions of any applicable Namescout.com Acceptable Use Policy and other applicable Namescout.com policies and procedures, incorporated herein and made part of this Agreement by reference, in connection with your use of the services described in this Schedule. You are responsible for ensuring that your web site conforms to all local, state, federal and international laws. You are also responsible for ensuring that you have obtained authorization to use any copyright images, audio files, text or other web site elements that are not provided by Namescout.com. You warrant that the web site being hosted by Namescout.com will not be used in connection with any illegal activity and that it will not conflict with the legal rights of a third party or a third party's trademarks or trade name.
4. Namescout.com's Rights.
4.1 Namescout.com explicitly reserves the right and sole discretion to
4.1.1 suspend any web site (including indefinite suspension) without notice for non-payment of fees due hereunder;
4.1.2 censor any web site hosted that, in Namescout.com's sole discretion, is deemed inappropriate;
4.1.3 review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels;
4.1.4 modify its pricing through email notification;
4.1.5 terminate your Subscription Service for unsolicited, commercial emailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Namescout.com determines to be harmful to its other customers, operations, or reputation;
4.1.6 terminate Your Subscription Service if the contents of your web site result in, or are the subject of, legal action or threatened legal action, against Namescout.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
4.2 You agree you will not be entitled to a refund of any fees paid to Namescout.com if, for any reason, Namescout.com takes corrective action with respect to your improper or illegal use of the Subscription Service
5. Cancellation.
You may cancel your Subscription Service at any time. To cancel your Subscription Service you must submit your written notice of cancellation to Namescout.com (as provided herein) and include the following information: (i) Your Namescout.com customer identification number and username; (ii) your Namescout.com Web Site Web address; and (iii) your reason for requesting cancellation. Unless terminated earlier as provided herein, your Subscription Service will be canceled as of the expiration of the monthly billing cycle in which your notice was received. In addition, should you terminate your Subscription Service; you will be held responsible for the repayment of the domain name registration cost for its complete current term. In the absence of such written notice of cancellation, Namescout.com will automatically renew the Subscription Service indefinitely and will charge the credit card you have on file with Namescout.com, at Namescout.com then current rates.
6. Term and Termination.
6.1 Term: Your Subscription Service shall be on a month-to-month basis for successive monthly periods, unless either party notifies the other of termination in accordance with this Agreement.
6.2 Notice of Service Cancellation by You. Any termination of your Subscription Service must be in accordance with our cancellation policy. Unless terminated earlier as provided herein, this Schedule, and the Agreement (if you have no other services with Namescout.com) will be terminated as of the expiration of the monthly billing cycle in which your cancellation notice was received and processed by Namescout.com
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Schedule L: Terms and conditions applicable to the high security features
1. Namescout.com has introduced High Security features to address issues of domain name security. These High Security features are provided to you as a courtesy and help to prevent domains you have registered from being unintentionally transferred, deleted, or expired. These High Security features include "Registrar Lock" and "Autorenew", described below.
2. Registrar Lock
2.1 When Registrar Lock is enabled for a domain, you are providing express objection to any and all transfer or modification requests issued from another registrar. If you choose to transfer a domain to another registrar, you must log into your account and remove the lock prior to our receipt of the transfer request from the gaining registrar. This service is being provided as a convenience to you but in no way guarantees that a domain name will not be maliciously transferred to another registrar or registrant.
2.2 You also acknowledge and agree that if you do not want the High Security feature, Registrar Lock, to apply to your domains, you must affirmatively opt-out of this service by logging into your Namescout.com account at http://www.Namescout.com and disabling Registrar Lock on those domains you wish to protect. Your failure to affirmatively opt-out of Registrar Lock constitutes your authorization and consent for Namescout.com to enable Registrar Lock.
3. Autorenew
3.1 When enabled on a domain, autorenew works by automatically renewing your domain name prior to its expiry date. On the 25th of every month, an autorenewal order is created for all the domains that are expiring in the next 65 days and are using this feature. A pre-billing notification email is sent to the registrant on this day in order to provide them with an opportunity to cancel the renewal, we will attempt to charge and process the renewal five (5) days later.
3.2 By default, the High Security feature, Autorenew, is not enabled on your domains. Should you wish to enable this service, you can do so by logging into your Namescout.com account at http://www.Namescout.com and enabling it on the domains you with to receive automatic renewal.
3.3 You are solely responsible for the credit card and billing contact information you provide to Namescout.com and you acknowledge and agree that you will promptly inform Namescout.com of any changes thereto (e.g., change of expiration date or account ID).
3.4 You are solely responsible for ensuring the security of your domains. Namescout.com WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE HIGH SECURITY FEATURES, INCLUDING ATTEMPTED OR SUCCESSFUL TRANSFERS OF DOMAINS EVEN THOUGH THE HIGH SECURITY SERVICE IN ENABLED, OR RENEWAL OR ANY ATTEMPT TO RENEW DOMAINS AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN TRANSFERS, RENEWING OR ATTEMPTING TO RENEW THE DOMAINS. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement.
3.5 You understand and agree that the release, indemnity and other obligations in favour of Namescout.com and certain other persons in Section 14 of the Main Terms and Conditions apply to your use of the High Security feature.
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