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KingRegister.com Terms Of Service
KingRegister.com, (hereinafter "KingRegister.com")
is affiliated with an accredited registrar by the Internet
Corporation for Assigned Names and Numbers ("ICANN"). This
Registration Agreement, ("Agreement"), sets forth the terms and
conditions agreed to between you (whether directly or through your
agent, or as an agent for another person or entity), and
KingRegister.com, relating to the registration, renewal, transfer,
or modification of one or more .com. .net, .org, .info, or .biz Top
Level Domain Name ("TLD's") in both roman-alphabet languages and
non-roman alphabet languages (e.g. Japanese, Korean, Chinese
Traditional and Chinese Simplified). In this Agreement, "Registrar",
"we", "us", and "our" shall refer to KingRegister.com and
"Registrant", "you", "your", or "Customer" shall refer to the person
or entity that is using KingRegister.com registration services.
You (whether directly or through your agent, or as an agent for
another person or entity) acknowledge that you have read, understood
and agree to be bound by all the terms and conditions of this
Agreement.
1. FEES
You agree that upon submission of your domain name registration
application, domain name renewal application, or registrar transfer
application, to pay us our then current service fees as set forth in
our price schedule. We reserve the right to prospectively change our
fees or to institute new fees at any time, for any reason, at our
sole discretion and you agree to be bound by any fee increase. You
agree to pay all value added, sales and other taxes (other than
taxes based on KingRegister.com’s income) related to
KingRegister.com’s services or payments made by you hereunder.
1.1 Fees are Non-Refundable. All fees are due at
the time of registration and are non-refundable, in whole or in
part, even if the domain name registration is suspended,
cancelled or transferred prior to the end of the registration
term.
1.2 Renewal Notice and Fees.
You will be notified via email that renewal
fees are due at least sixty (60) days prior to the
expiration date of a domain name registration. You will
receive additional notifications as the expiration date
approaches. All emails will be sent to the email address of
the domain name account holder and the billing contact. You
are required to keep the email address of the domain name
account holder and the billing contact current. We are not
responsible for the loss or misdirection of the email
expiration notices, including but not limited to, emails
lost due to an invalid email address in our system, a spam
filter on the mail server, or any other impediment to
delivery. Emails are sent as a courtesy only- the
responsibilty of renewing a domain lies solely with the
account holder and/or registrant of the domain. Any renewal
of our services is subject to our then current terms and
conditions, the payment of all applicable service fees at
the time of renewal, and the domain name registry's
acceptance of the renewal of your domain name registration.
Should you fail to renew or cancel your
domain name registration by the expiration date, your domain
name registration shall AUTOMATICALLY EXPIRE and you shall
lose all rights in and to the expired domain name. Expired
domain names are routinely deleted on a regular basis. There
is no grace period and under no circumstances will
KingRegister.com be able to renew the domain after the
automatic expiration.
Although you will no longer be able to renew
your expired domain name, you can redeem it under the
Registrar Redemption program. For a fee of $100.00 (plus the
cost of your renewal), KingRegister.com will attempt to
restore your domain to its original status. This redemption
program is valid for 30 days from the release of your
domain. After that time, you may attempt to re-register the
expired domain name as new.
1.3 Credit Card Charge Backs. In the event of a charge back
by a credit card company or other non-payment by you in
connection with your registration, renewal, or registrar
transfer fee, you acknowledge and agree that the domain name
registration shall be transferred to KingRegister.com, that
KingRegister.com shall be deemed the entity that paid the
registration, renewal, or transfer fee, and that
KingRegister.com shall have all rights regarding such domain
name including, but not limited to, the right to sell the
domain name to a third party. KingRegister.com may, in its
sole discretion, reinstate your domain name registration
upon its receipt of the registration or renewal fee and a US
$200 reinstatement fee.
2. REGISTRATION INFORMATION
You acknowledge and agree that in order for us to provide
you domain name registration and related services, you must
provide us with certain information and that we will maintain
certain information about you and your registration.
2.1 Required Information
During the domain name registration process, you must
provide us the following ICANN required information:
(a) The domain name being registered;
(b) The IP addresses and the names of the primary nameserver
and the secondary nameserver for the domain name;
(c) Your full name (or the name of the authorized person for
contact purposes if the domain holder is an organization,
association, or corporation), postal address, email address,
voice telephone number, and fax number (if available) of the
administrative contact for the domain name;
(d) The full name, postal address, email address, voice
telephone number, and where available, fax number for the
administrative contact, technical contact and billing
contact for the domain name.
You acknowledge and agree to immediately
correct and update the registration information for any
domain name registered hereunder during the registration
term for such registered domain name.
You also acknowledge and agree that when you renew a domain
name registration, the type of information you are required
to provide may have changed. If you do not wish to provide
the new required information, we, in our discretion, may not
renew your registration.
2.2 Additional Registration Information
In addition to the information you are required to provide
in clause 2.1 of this Agreement, we maintain additional
information relating to your domain name registration,
including:
(a) the original creation date of a domain
name registration, renewal or request for service;
(b) the submission date and time of a registration or
renewal application to us and by us to the appropriate
registry;
(c) communications constituting registration orders,
renewals, modifications, or terminations and related
correspondence;
(d) records of account, including dates and amounts of all
payments;
(e) the expiration date of the registration; and
(f) other information regarding all other activity between
you and us regarding your domain name registration and
related services.
2.3 Disclosure of Third Party Information
If in applying for the registration of a domain name you are
providing information about a third party, or if you license
a domain name registered in your name to a third party, you
hereby represent and warrant that you have (a) provided
notice to that third party of the disclosure and use of that
party's information as set forth in this Agreement, and (b)
that you have obtained that third party's express consent to
the disclosure and use of that party's information as set
forth in this Agreement.
2.4 Obligation To Provide Accurate Information
You acknowledge and agree that any of the following actions
or in-actions shall constitute a material breach of this
Agreement and shall be a sufficient basis for cancellation
of your domain name registration:
(a) your willful provision of inaccurate or
unreliable information;
(b) your willful failure to promptly update information you
provided to us, or
(c) your failure to respond for over ten (10) calendar days
to our inquires concerning the accuracy of contact details
associated with your domain name registration.
2.5 Security
Our system utilizes 128 bit encryption technology to send
and receive information pertaining to the registration,
renewal, and transfer of a domain name.
2.6 Disclosure and Use of Information
KingRegister.com will take reasonable precautions to protect
personal information obtained from Registrant from loss,
misuse, unauthorized access or disclosure, alteration or
destruction.
ICANN requires all accredited domain name registrars to make
domain name registration information available in bulk form
to third parties who agree not to use it to (i) allow,
enable or otherwise support the transmission of mass
unsolicited, commercial advertising or solicitations via
e-mail (spam) or (ii) enable high volume, automated,
electronic processes that apply to our systems to register
domain names.
You acknowledge, consent and agree that the information you
provided KingRegister.com in the domain name registration
application will be: (i) transmitted to the registry or
registry administrator for registry use; (ii) made publicly
available as required by ICANN; and (iii) used by
KingRegister.com for inclusion in databases produced and
used by KingRegister.com.
We agree that we will not process any Personal Data
collected from you, if any, in a way that is incompatible
with the purposes and other limitations set forth in this
Agreement.
Except for the ICANN required third-party bulk access,
KingRegister.com does not sell or intend to sell access to
the information it collects and maintains during the domain
name registration process.
3. DOMAIN NAME DISPUTE POLICY
You agree to be bound by our Domain Name Dispute Policy (the
"Dispute Policy"), as amended from time to time, which is hereby
incorporated and made a part of this Agreement by reference. The
current Dispute Policy can be found at:
https://secure.onlineaccess.net/cart/registerdisputepolicy.php?ID=6deb6fbc070acd4a26086cbdfda2e5b4&IYD=&secID=.
3.1 Domain Name Dispute Policy
Modifications. You agree that we, in our sole discretion,
may modify our dispute policy. We will post any
modifications to our dispute 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 any
such modifications. No employee, contractor, agent or
representative of KingRegister.com is authorized to alter or
amend the terms and conditions of this Agreement.
Your continued use of KingRegister.com as
your domain name registrar or the use of any of
KingRegister.com's other domain name services after the
modifications to the Dispute Policy becomes effective, shall
constitute your acceptance of those modifications. If you do
not agree to such modifications, you may terminate this
Agreement by written request and your domain name will be
cancelled or you may transfer your domain name to another
registrar. No refunds, in whole or in part, will be provided
for domain names that are cancelled or transferred to
another registrar.
3.2 Domain Name Disputes. You agree that, if
your use of our domain name registration services is
challenged by a third party, you will be subject to the
provisions specified in our dispute policy in effect at the
time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions
set forth below in this Agreement.
If we are notified that a complaint has been filed with a
judicial or administrative body regarding your use of our
domain name registration services, you agree not to make any
changes to your domain name record without our prior
approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive
notification by you and the other party contesting your
registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your
registration and use of our domain name registration
services, we may deposit control of your domain name record
into the registry of the judicial body by supplying a party
with a registrar certificate from us. You agree that we will
comply with all court orders, domestic or international,
directed against you and/or the
domain name registration.
4. AGENTS
You agree that, if you are registering, renewing,
transferring, or modifying a domain name for someone else, you
represent that you have the authority to nonetheless bind that
person as a principal to all terms and conditions provided
herein, including the Dispute Policy. You accept liability for
harm caused by wrongful registration, renewal, transfer or
modification of a domain name.
You agree that, if your agent (e.g., an Internet Service
Provider, employee, etc.) purchased our service(s) on your
behalf, you are nonetheless bound as a principal by all terms
and conditions herein, including the Dispute Policy. Your
continued use of our services shall ratify any unauthorized
actions of your agent. By using your login name, account number
or password, or otherwise purporting to act on your behalf, your
agent certifies that he or she 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, and that he or she is otherwise authorized to act on
your behalf. In addition, you are responsible for any errors
made by your agent.
5. LICENSE OF DOMAIN NAMES
You agree that if you license the use of our domain name
registration services to a third party, you remain responsible
for complying with all terms and conditions of this Agreement,
and you accept liability for harm caused by such licensee's
wrongful use of our domain name registration services, unless
you promptly disclose the identity of such license upon request
by any person who provides reasonable evidence of actionable
harm.
6. REGISTRAR TRANSFER
Registrant agrees that it can transfer one or more domain
name registration, in accordance with ICANN or registry policy,
from or to KingRegister.com. Registrant also acknowledges and
agrees that express authorization from someone with apparent
authority to legally bind the domain name holder is required
before such a transfer can occur. You can authorize the transfer
of a registration to KingRegister.com by completing the
Registrar Transfer Application.
You agree that you shall not transfer your domain name
registration until sixty (60) days have elapsed from the time of
initial domain name registration or renewal. You agree that the
transfer of domain name registrations may be refused if there is
a dispute concerning the domain name or the domain name holder's
identity. You further agree that you shall not transfer your
domain name registration to another registrar if there are ten
(10) days or less remaining on your registration term.
7. OWNERSHIP CHANGE
You may transfer your domain name registration to a third
party of your choice. You agree that in the event you request
the transfer of your domain name ownership, you shall relinquish
the domain name registration being transferred, release
KingRegister.com from all of its obligations under this
Agreement, and release KingRegister.com from any and all
liabilities, demands, and claims related to such a transfer of
domain name ownership. (
Click
here to request an
ownership change).
8. MANAGE YOUR DOMAIN NAME REGISTRATION INFORMATION
If you have registered a domain name with KingRegister.com
or transferred a domain name to KingRegister.com, you may change
any of the domain name registration information at any time (Click
here to change domain
name registration information). You must use the Username and
the Password that you selected when you registered or
transferred your domain name with us. Please safeguard your
Username and Password from any unauthorized use. You must
immediately notify us of any unauthorized use of your Username
or Password and you are responsible for any unauthorized
activities, charges and/or liabilities made on or through your
Username or Password. In no event will KingRegister.com be
liable for the unauthorized use or misuse of your Username or
Password.
All domain names registered through KingRegister.com are pointed
to a “Coming Soon” web page which informs visitors that the
registrant has recently registered their domain name via
KingRegister.com, Inc. The Coming Soon web page may be modified
at any time by KingRegister.com, Inc. without prior notice to
you and may include such things, without limitation, as links to
additional products and services offered by KingRegister.com,
Inc., advertisements for products and services offered by
third-parties, and an internet search engine interface.
9. NO GUARANTY OF REGISTRATION, RENEWAL, OR IMMUNITY FROM
OBJECTION
You acknowledge and agree that KingRegister.com cannot
guarantee that you will be able to register or renew a desired
domain name because our ability to provide services to you
depends in part upon the provision of services by third parties,
such as a registry. We cannot control and will not be
responsible for the actions or inactions of such third parties.
For example, a registry may reserve the right to deny, cancel or
transfer any domain name registration under certain
circumstances or there may be inaccuracies or errors in the
various WHOIS databases. You acknowledge and agree that we shall
not be liable to you or any other party in connection with
claims, damages, losses, expenses or costs incurred or suffered
by you as a result of actions taken or not taken by third
parties.
You agree that, by registration of your chosen domain name, such
registration does not confer immunity from objection to either
the registration or use of your domain name.
10. OWNERSHIP OF INFORMATION
You acknowledge and agree that KingRegister.com owns all
database, compilation, collective and similar rights, title and
interests worldwide in our domain name and other proprietary
information databases, and all information and derivative works
generated from those databases.
11. REPRESENTATIONS and WARRANTIES
You represent and warranty to us that (i) the statements
that you made in connection with the registration, renewal,
management, or transfer of a domain name are complete and
accurate, and that any future changes to this information will
be provided to us in a timely manner; (ii) to the best of your
knowledge and belief, neither the registration of the domain
name for which you have applied for, renewed, managed, or
transferred nor the manner in which you intend to use the domain
name you applied for, renewed, managed, or transferred, directly
or indirectly infringes upon or otherwise violate the legal or
equitable rights of any third party; (iii) it is your
responsibility to determine whether your domain name
registration infringes or violates someone else's rights; (iv)
you are not registering, renewing, managing, or transferring the
domain name for an unlawful purpose and you will not knowingly
use the domain name in violation of any applicable laws or
regulations; (v) you are of legal age to enter into this
Agreement; (vi) you agree to comply with all applicable laws and
regulations and (vii) you agree that your use of our service(s)
is solely at your own risk and that all of our services are
provided on an "as is," and "as available" basis;
12. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive
remedy, with respect to any KingRegister.com services provided
under this Agreement and/or for any breach of this Agreement is
solely limited to the amount you paid for such service(s). YOU
FURTHER AGREE THAT, REGARDLESS OF CIRCUMSTANCES,
KingRegister.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF KingRegister.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM THE
USE OR INABILITY TO USE ANY OF KingRegister.com'S SERVICES OR
FOR THE COST OF PROCURING SUBSTITUTE SERVICES. If a jurisdiction
does not allow the exclusion or limitation of liability for
consequential or incidental damages, then KingRegister.com's
liability for consequential or incidental damages in such
jurisdiction is excluded or limited to the extent permitted by
law.
We disclaim any and all loss or liability to you, or any other
person or entity, resulting from, but not limited to: (a)
Suspension, loss, or modification of your domain name
registration; (b) Use of your domain name registration; (c)
Interruption of your business; (d) Access delays or access
interruptions to any web sites accessed by your registered
domain name; (e) Non-delivery, mis-delivery, corruption,
destruction or other modification of data; (f) Processing your
domain name application or other service application; (g)
Application of our Dispute Policy or any other ICANN (or similar
governmental or successor organization) adopted policies; (h)
Any errors, omissions or other actions by the registry
administrator arising out of or related to your domain name
application, registration, renewal, transfer, or failure to
register, renew, or transfer a domain name; (i) Unauthorized use
or misuse of your Account Name or Password; (j) 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, renewal, or transfer fee; (k) Deletion of or
failure to store e-mail messages; or (l) Acts of God and events
beyond KingRegister.com's reasonable control;
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) IS SOLELY AT YOUR
OWN RISK. THE SERVICES WE PROVIDE TO YOU ARE ON AN "AS IS," AND
"AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT. . WE MAKE NO WARRANTY 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
OUR SERVICE(S). FURTHER, KingRegister.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT
REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL
IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME
REGISTRATION OR USE, OR FROM SUSPENSION, CANCELLATION OR
TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. TO THE EXTENT
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless
KingRegister.com and the applicable registry administrator and
their directors, officers, employees, agents, and affiliates
from and against any and all claims, loss, damages, liabilities,
costs, and expenses (including reasonable legal fees and
expenses) arising out of any and all third party claims,
actions, suits, or demands that are related to or arise out of
(a) this Agreement or the breach of your warranties,
representations and obligations under this Agreement; (b) the
KingRegister.com services or your use of such services; (c) any
intellectual property or other proprietary right of any person
or entity. This indemnification is in addition to any
indemnification required under the Dispute Policy or any similar
policy. 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.
15. CHANGES TO THIS AGREEMENT
You acknowledge and agree that the domain name system and
the practice of registering and administering domain names are
evolving, and therefore you agree that KingRegister.com, in its
sole discretion, may modify this Agreement, from time to time,
to comply with any additional rules or policies that may be
required under KingRegister.com's ICANN agreement, or to adjust
to changing business circumstances.
We will post any modifications to this Agreement 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 modifications. No employee, contractor, agent or
representative of KingRegister.com is authorized to alter or
amend the terms and conditions of this Agreement. Your continued
use of KingRegister.com as your domain name registrar or the use
of any of KingRegister.com's other domain name services after
modification(s) to this Agreement becomes effective, shall
constitute your acceptance of the modification(s). If you do not
agree to such a modification, you may request in writing that
your domain name be cancelled or transferred to another
registrar. No refunds, in whole or in part, will be provided for
domain names that are cancelled or transferred to another
registrar.
No provision of this Agreement or our Dispute Policy, may be
amended or modified by you except by means of a written document
signed by us.
16. CANCELLATION, SUSPENSION, TRANSFER OR
MODIFICATION
You agree that the registration of a domain name shall be
subject to cancellation, suspension, transfer or modification in
order to: (i) correct mistakes made by us or the registry
operator in registering or transferring your chosen domain name;
(ii) to resolve a dispute under our Dispute Policy; (iii) to
abide by any ICANN or registry adopted specification or policy;
(iv) to abide by any registrar or registry procedure that is not
inconsistent with an ICANN adopted specification or policy; (v)
prevent high volume, automated, electronic, repetitive queries
except as reasonably necessary to register SLD names or modify
existing registrations; or (vi) prevent any attempt to attack,
infiltrate, degrade, modify, or compromise any KingRegister.com
or Affiliate systems. You also agree that KingRegister.com has
the right to suspend, cancel, transfer, or otherwise modify a
domain name registration pursuant to a properly authenticated
order from a court of competent jurisdiction, or arbitration
award, requiring the suspension, cancellation, transfer, or
modification of the domain name registration.
You further acknowledge and agree that KingRegister.com shall
not be liable to you or to any third party for any such
cancellation, suspension, transfer, or modification of a domain
name or the discontinuance of KingRegister.com services. Without
limiting the foregoing, if your registration is cancelled as a
result of us correcting a mistake made by us in registering your
chosen domain name, we will refund, in whole, any fees paid by
you to KingRegister.com.
You agree that upon termination of our services,
KingRegister.com, at its sole discretion, may delete all
information related to your use of KingRegister.com service(s).
17. BREACH AND REVOCATION
You agree that we reserve the right to cancel, suspend,
transfer or modify your domain name registration or other
services if you (i) materially breach this Registration
Agreement and do not cure such breach within 30 calendar days of
notice; (ii) provide false or misleading information, or conceal
or omit any information that we would likely consider material
to our decision to register or renew your domain name; (iii) use
your registered domain name to send unsolicited commercial
advertisements in contravention of applicable laws; or (iv) you
use your domain name in connection with unlawful activity.
18. ASSIGNMENT
You shall not assign this Agreement, by operation of law or
otherwise, without our prior written consent. Any attempt by
your creditors to obtain an interest in your rights under this
Agreement, whether by attachment, levy, garnishment or
otherwise, renders this Agreement voidable at our option.
Subject to that restriction, this Agreement will be binding on,
inure to the benefit of, and be enforceable against the parties
and their respective successors and assigns.
19. .INFO REGISTRATIONS.
KingRegister.com has entered into a
Registry-Registrar Agreement with Afilias Limited ("Registry"),
a company organized under the laws of Ireland, to provide
Internet domain name registration services for the .info
Top-Level Domain ("TLD"). In addition to the terms and
conditions set forth in this Agreement, the following terms and
conditions shall apply to the .info domain names: (i) you agree
to submit to proceedings commenced under the Sunrise Dispute
Resolution Policy ("SDRP") (available at
http://www.afilias.info/register/dispute_resolution/sunrise_challenge_rules_revised),
as these may be modified from time to time; (ii) you acknowledge
that the .info registry will have no liability of any kind for
any loss or liability resulting from the proceedings and
processes relating to the Sunrise Period or the Land Rush
Period, including, without limitation: (a) the ability or
inability of a registrant to obtain a registered domain name
during these periods, and (b) the results of any dispute over a
"Sunrise Registration"; (iii) your application for a Sunrise
Registration does not provide you with any intellectual property
protections or registrations.
20. .BIZ REGISTRATIONS
KingRegister.com has entered into a
Registry-Registrar Agreement with Neulevel, Inc. ("Registry"), a
company headquartered in Virginia, to provide Internet domain
name registration services for the .biz Top-Level Domain ("TLD").
In addition to the terms and conditions set forth in this
Agreement, the following terms and conditions shall apply to the
.biz domain names:
20.1 Acceptable Usage. You represent and
warrant that: (i) the domain name will be used primarily for
bona fide business or commercial purposes and not (a)
exclusively for personal use or (b) solely for the purposes
of selling, trading or leasing the domain name for
compensation, or the unsolicited offering to sell, trade or
lease the domain name for compensation; and (ii) the domain
name is reasonably related to your business or intended
commercial purpose at the time of registration.
20.2 Acknowledgments Concerning Customer Information. You
also acknowledge and agree that KingRegister.com will share
with the .biz registry certain information submitted by you
in your application(s) for our services, as required by our
agreement(s) with the .biz registry or to provide the
services you have applied for. You acknowledge and agree
that any information we share with the .biz registry may be
used by them to fulfill the .biz registry's service
obligations to us or any third party. You hereby grant us
and the .biz registry a limited, royalty-free, non-exclusive
worldwide license to use all of the data contained in a
Trademark
20.3 Acknowledgment of Dispute Policies and
Rules. The registrant acknowledges having read and
understood and agrees 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 Start-up Trademark Opposition Policy
("STOP"), available at
http://www.neulevel.com/countdown/stop.html;
(b) The Restrictions Dispute Resolution
Criteria and Rules, available at
http://www.neulevel.com/countdown/rdrp.html
21. MULTILINGUAL REGISTRATIONS
Notwithstanding anything contained herein to the contrary,
you acknowledge and agree as follows: A Multilingual Domain Name
("MDN") and the underlying encoding schemes, protocols and other
technologies that enable MDNs to function on the Internet, are
currently experimental and have not necessarily been approved by
Internet standard-setting bodies, including without limitation
the Internet Engineering Task Force, the Multilingual Internet
Names Consortium, and the Internet Architecture Board. We
currently are making MDN registration services available to you
as part of our participation in a test bed ("Test Bed"). The
test bed is being conducted for the purpose of testing proposed
standards for deployment of MDN technology and to provide
operational experience with those proposed standards.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE
ENCODING SCHEMES, PROTOCOLS AND OTHER MDN-ENABLING TECHNOLOGIES,
WHETHER PROVIDED BY US OR OTHERWISE, WILL BE APPROVED BY
INTERNET STANDARD-SETTING BODIES OR OTHERWISE SUCCESSFULLY
DEPLOYED. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE TEST BED
WILL CONTINUE OR THAT OUR MDN REGISTRATION SYSTEM WILL
INTEROPERATE PROPERLY WITH THE CURRENT OR FUTURE TEST BED OR THE
MDN-ENABLING TECHNOLOGIES OF OTHERS.
REGISTRANTS WHO REGISTER A MDN DO SO AT THEIR OWN RISK AND
ACKNOWLEDGE AND AGREE THAT, UNLESS SPECIFICALLY EXCLUDED, ALL
PROVISIONS OF THIS AGREEMENT SHALL APPLY TO THE REGISTRATION OF
AN MDN.
You assume all risks inherent in the experimental nature of this
service and the technologies supporting it. The encoding
schemes, protocols and other MDN-enabling technologies are not
within our control and are subject to change without notice. You
assume all risks that such changes may impair or prevent your
ability to use the MDN you have registered. You further
understand and agree that we may interrupt or deny MDN
registration services to you, temporarily or permanently, as a
result of such changes. You further assume all risks that the
Internet addressing system will not recognize an MDN you have
registered or otherwise will not enable such MDN to function as
an Internet address.
We may, but shall not be obligated to, make any and all
modifications to an MDN registration, including without
limitation changing the MDN's ASCII-based translation, that we
deem necessary or appropriate for the purpose of bringing an MDN
registration into conformance with evolving technical standards.
Such modifications may be made without notice to you. In the
event we elect to make such modifications, you agree to hold us
harmless from any claims, liabilities or demands arising from
such modifications. Before registering an MDN, we strongly
recommend that you review and become familiar with the
"Multilingual Domain Name Position Paper," published. (
Click
here to view).
You specifically acknowledge and agree that an MDN shall be
considered a domain name for purposes of the Dispute Policy and
the provisions relating thereto in this Agreement.
Notwithstanding anything to the contrary contained in the
Dispute Policy, you agree that during the Test Bed we may
terminate your registration of an MDN in our sole discretion
without notice to you if, within 45 days of your registration,
we receive a formal, written objection to the registration by
any legitimate authority, including without limitation a
trademark owner or governmental entity. Our right of termination
under this provision shall continue until such time as: (1) It
is publicly announced that the Test Bed is complete; and (2) we
determine in our sole discretion that all of the encoding
schemes, protocols and other MDN-enabling technologies that are
used to provide your MDN registration services have been
approved by appropriate standard-setting bodies.
22. GENERAL
Entire Agreement
You agree that this Agreement and the rules and policies
incorporated by reference in this Agreement are the entire, complete
and exclusive agreement between you and us regarding our services
and supersedes all prior agreements and understandings, whether
written or oral, or whether established by custom, practice, policy
or precedent, with respect to the subject matter of this Agreement.
Relationship of the Parties
Nothing in this Agreement may be construed as creating the
relationship of agency partnership or joint venture between the
parties.
Waiver. No waiver of any provision of this Agreement shall be
effective unless it is in writing and signed by an authorized
representative of KingRegister.com. The remedies of KingRegister.com
under this Agreement shall be cumulative and not alternative, and
the election of one remedy for a breach shall not preclude pursuit
of other remedies. The failure of a party, at any time or from time
to time, to require performance of any obligations of the other
party hereunder shall not affect its right to enforce any provision
of this Agreement at a subsequent time, and the waiver of any rights
arising out of any breach shall not be construed as a waiver of any
rights arising out of any prior or subsequent breach.
Notice
Except as otherwise specifically stated herein, any notices
required to be given under this Agreement will be deemed to have
been given if delivered by email or fax, or sent by certified mail,
return receipt requested, or by Federal Express or other recognized
overnight delivery service to each of the parties in accordance with
the most current contact information you have provided to us, and
the contact information for us that is posted on the
KingRegister.com Web site. All notices shall be effective upon
receipt, except that email and fax notices shall be effective upon
transmission.
Location of Acceptance and Performance
You agree and acknowledge that any acceptance of your application
for any of our services and the performance of those services shall
occur in Schaumburg, Illinois, the location of our principal place
of business.
Governing Law
Except as otherwise set forth in the Dispute Policy with respect
to any dispute over your domain name registration, you agree that
this Agreement and your rights, obligation, duties, and actions
contemplated by this Agreement shall be governed in all respects by,
and construed in accordance with the laws of the State of Illinois,
United States of America, without reference to rules governing
choice of laws. Any action relating to this Agreement and your
rights, obligation, duties, and actions contemplated by this
Agreement must be brought in the United States District Court for
the Northern District of Illinois or in the circuit court of Cook
County, Illinois. Both parties irrevocably consent to the personal
jurisdiction, subject matter jurisdiction, and venue of such courts.
Notwithstanding the forgoing, the adjudication of third-party
disputes (i.e. disputes between You and a party other than
KingRegister.com) concerning or arising from the use of the domain
name, the Domain Name Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of
the courts (1) of the Registrant's domicile and (2) where the
Registrar's headquarters are located, currently Schaumburg,
Illinois.
Severability
Registrant agrees that the terms of this Registration Agreement
are severable. If any term or provision is declared invalid, it
shall not affect the remaining terms or provisions, which shall
continue to be binding.
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