|
Domain Registration Agreement |
| (Applied on April
1, 2003) |
| 1. The Agreement |
| In this agreement ("Agreement"), it explains our obligations
to you, and explains your obligation to us for various INTDomain.com service(s).
By using the service(s) provided by INTDomain.com(powered by ttpia.com) under
this Agreement, you acknowledge that you have read and agree to be bound by all
terms and conditions of this Agreement. |
| 2. Definitions |
As used in this Agreement, the following terms have the following meanings:
- (a) "You", "your" and registrant refer to each customer, that is, each person who registers
a domain name with INTDomain, and/or opens an account with INTDomain either for that person
or on behalf of a third party;
- (b) "We," "us," and "our" refer to INTDomain;
- (c) "Account Information" refers to information about you as may be required by our domain
name registration, reservation, renewal, transfer processes, and by our process for opening
a new account;
- (d) "Registrar" means a domain name registrar, whether or not accredited by ICANN or any
other TLD administrator;
- (e) "Registry" means the domain name registry associated with the Top Level Domain of the domain
name you have registered.
|
| 3. Rights to a Domain Name |
| We cannot and do not check to see whether a domain name you select,
or whatever use you make of a domain name, infringes the legal rights of others. We
urge you to investigate whether a domain name you select may infringe legal rights
of others, and we urge you seek the advice of competent counsel for this purpose.
You should consider seeking one or more trademark registrations in connection with
your domain name. Also, it is possible that we might at some time be ordered by a
court to cancel, modify, or transfer your domain name. If we are sued or threatened
with lawsuit in connection with the registration of your domain name, we may, at
our discretion, turn to you to hold us harmless and indemnify us. |
| 4. Fees, Payments and Terms |
As consideration for the services you use, you agree to pay us
the applicable service fees. These fees can be found at http://www.INTDomain.com.
All fees payable there under are non-refundable unless we provide otherwise.
INTDomain reserves the right to change these fees, or to institute additional
fees, at any time. As further consideration for the Services, you agree to:
- (a) Pay all applicable service fees in a prompt and effective
manner, or, if (at our sole discretion) credit is granted, in due time;
- (b) Authorize us to delete, reassign, or auction unpaid domain in
order to cover any fees due which have not been timely paid in full,
plus any legal or collection fees;
- (c) Provide current, complete and accurate Account Information
during any registration, reservation, renewal, or transfer process;
- (d) Maintain and update your Account Information as necessary
in order to keep it current, complete and accurate; and
- (e) Authorize us to disclose to third parties any such Account
Information for any purpose.
|
| 5. Certifications |
| By completing and submitting the domain name registration,
renewal, reservation, or transfer applications ("Applications"), You represent
and certify that, to the best of your knowledge and belief that (a) the
statements you make in any such applications are true, and that the registration,
reservation, renewal, transfer of the selected domain, so far as you are aware,
does not interfere with or infringe upon the rights of any third party, (b) You
also represent that the Domain Name not being registered, reserved, renewed, or
transferred for any unlawful purpose. |
| 6. Modifications to Agreement |
- (a) You agree that, during the period of this Agreement, we may:
- (i) revise the terms and conditions of this Agreement; and
- (ii) change the services provided under this Agreement.
- (b) Any such revision or change will be binding and effective immediately
on posting of the revised Agreement or any change to services on our web site,
or upon notification to you by email as per the Notices provision of this agreement.
You agree to review our web site, including this Agreement, periodically to apprise
yourself of any such revisions or changes
|
| 7. Safeguarding Your Account |
| In order to make changes on any of your account information, you must
first log into our website and make changes in "modify info." Please safeguard your ID
and Password from any unauthorized use. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password. |
| 8. Domain Name Disputes |
- (a) If you reserve or register a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by the ICANN Uniform Dispute
Registration Policy ("the Dispute Policy") as this policy may be in effect at the time
any dispute arises regarding claims by third parties to any rights to your domain name.
This Dispute Policy is incorporated herein and made a part of this Agreement by reference.
The current version of the Dispute Policy and applicable rules may be found
at: http://www.icann.org/udrp/. Please take the time to familiarize yourself with this policy.
- (b) If you register a domain name associated with a New Registry during an applicable Sunrise
period, you agree to be bound by any Sunrise Dispute Resolution Policy ("SDRP") for that Registry.
- (c) In the event that a domain name dispute arises with any third party, you agree that
you will indemnity and hold INTDomain, as well as its directors, officers, employees, and
agents, harmless against all claims, damages, liabilities, costs, and expenses (including
reasonable legal fees and expenses) arising out of or related to your domain name registration
and any dispute concerning such registration.
- (d) In the event that a domain name dispute results in a judicial proceeding, you agree to
submit (without prejudice to other potentially applicable jurisdictions) to the jurisdiction
of the courts of the registrant's domicile and of INTDomain's places of business as they may
be located from time to time. Currently, INTDomain is located in Seoul, Korea; and the applicable
courts for INTDomain's location is in Seoul.
- (e) You agree that the registration of a domain name shall, for the following reasons, be
subject to suspension, cancellation, or transfer pursuant to any specification or policy adopted
by ICANN, as well as to any procedures of INTDomain not inconsistent with an ICANN adopted
specification or policy: (i) to correct mistakes made by INTDomain or other ICANN accredited
registrars and the Registries in the registration of a domain name; and (ii) for the resolution
of disputes concerning a domain name.
- (f) You agree that we, in our sole discretion, may modify our dispute policy. You agree that,
by maintaining the reservation or registration of your domain name after modifications to the
dispute policy become effective, you have agreed to these modifications. You acknowledge that
if you do not agree to any such modification, you may terminate this Agreement. We will not
refund any fees paid by you if you terminate your Agreement with us..
- (g) 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, including Registry policies incorporated by reference. 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 we are directed to do so by the judicial or administrative body. 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.
|
| 9. Announcements |
| We reserve the right to distribute information to you that is pertinent to the
quality or operation of our services and of those of our service partners. These announcements will
be predominately informative in nature and may include notices describing changes, upgrades, new
products or other information to add security for or to enhance your identity on the Internet. |
| 10. Personal Information |
| Your "ID" and "PASSWORD" are needed during the registration, renewal processes
and for purchasing domain pack. Your "ID" and "PASSWORD" shall be treated by INTDomain as Personal
Information. INTDomain shall not disclose Personal Information, except as may be required by
applicable law, by the Department of Commerce policies or procedures and ICANN policies or procedures
(as they may change from time to time). |
| 11. Maintaining Accurate and Updated Information |
| Should there be any changes or errors in your Personal Information, you must
immediately notify INTDomain of those changes, errors, and any corrections. Providing inaccurate
or incomplete information, or failing to update information promptly, or failing to respond within
ten (10) calendar days to inquiries by INTDomain concerning the accuracy of Required Information
will constitute a material breach of this Agreement, and INTDomain may, in its discretion, reassign,
cancel or revoke the registration of your domain name for such breach. |
| 12. Use and Access of Required Information |
- (a) Anyone may access a registrant's Required information to the extent that information
may appear on the Whois form available for that purpose on the INTDomain website as well as
the Registries websites. The purposes for the collection of Required Information by
INTDomain are:
- (i) to accurately, efficiently, and effectively process the registration application
of the registrant and administer on a continuing and global basis the registration of
domain names by itself and in coordination with ICANN and other ICANN accredited registrars;
- (ii) to identify to users of the Internet the registrants of specific domain names;
- (iii) to enable INTDomain to identify, for its own business purposes, geographic,
commercial, and marketing trends in the use and registration of domain names; and
- (iv) to abide by the requirements of the ICANN as that body may from time to time require
the disclosure and processing of Registrant Information. INTDomain does not promise or represent
that any such information, once provided as part of the registration process, will be maintained
in secrecy, or otherwise withheld from the public for any purpose.
- (b) INTDomain will take reasonable precautions to protect Required Information and Personal Information
from loss, misuse, unauthorized access or disclosure, alternation, or destruction, consistent with
the provisions of this Agreement.
|
| 13. Access and Modification of Required and Personal Information |
| You may request a copy of your Personal Information as maintained in INTDomain's
records, and may modify or update such information. You can log into "My Account" at INTDomain
website to modify, or update any information. Telephone calls or written correspondence for this
purpose will not be accepted. If you request by the email, the request must include your account
name, address, email address, telephone number, and password as currently on file. |
| 14. Limitation of Liability |
- (a) You agree that our entire liability, and your exclusive remedy, with respect to any
service provided under this Agreement, and any breach of this Agreement by INTDomain, whether
inadvertent or intentional, is solely limited to the amount you paid for such service. Also,
Registries and our contractors shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use, malfunction, or unavailability of
any of the services, or for any costs incurred in obtaining substitute services. In the event
that the law in which a court of competent jurisdiction and venue, as defined by this Agreement,
resolving a dispute under this Agreement does not allow, or otherwise limits, the exclusion
or limitation of liability for consequential or incidental damages, you agree that our liability
before such courts is limited to the extent permitted by the applicable law. We disclaim, and
you agree to hold us harmless from, any and all loss or liability resulting from, but not
limited to:
- (i) loss or liability resulting from access delays or access interruptions;
- (ii) loss or liability resulting from data non-delivery or data misdelivery;
- (iii) loss or liability resulting from acts of God;
- (iv) loss or liability resulting from the unauthorized use or misuse of
your Account Identifier or Password;
- (v) loss or liability resulting from errors, omissions, or misstatements in any and
all information or services provided under this Agreement; and
- (vi) loss or liability resulting from the development or interruption of your Web site
or email service.
- (b) You agree that we will not be liable for any loss of registration, or use by a third
party, of registrant's domain name; or for any interruption of business; or for any indirect,
special, incidental, or consequential damages of any kind (including lost profits). Such waiver
on your part of any liability on the part of INTDomain shall be effective regardless of the form
of any action which might be brought whether in contract, tort (including negligence), or
otherwise, even if we have been advised of the possibility of such damages. Furthermore, in no
event shall our maximum liability exceed five hundred ($300.00) dollars.
|
| 15. General Indemnity |
- (a) You agree to defend, indemnify and hold harmless Dot Registrar, and any other
relevant domain name Registry, as well as the contractors, agents, employees, officers,
directors and affiliates of us and these registries, from all liabilities, claims and
expenses (including attorney's fees) of third parties relating to or arising (i) under
this Agreement, (ii) the Services provided hereunder, or (iii) your use of the services.
- (b) This defense, indemnification, and hold-harmless agreement covers, without
limitation, any infringement by you (or by someone else using your email service or
identity) of: (i) any intellectual property or other proprietary right of any other
person or entity; and (ii) the violation of any of our operating rules or policies
relating to the services provided.
- (c) In the event that we are threatened with suit by a third party, we may seek
written assurances from you concerning your promise to indemnify any relevant domain
name registry or us. Your failure to provide those assurances may be considered by us
to be a material breach of this Agreement, and will authorize us, at our discretion and
without further notice, to suspend, cancel or transfer your domain name, and to suspend
or terminate your account.
- (d) You acknowledge that any New Registry will have no liability of any kind for any
loss or liability resulting from the proceedings or processes relating to any Sunrise or
Land Rush Periods, including, without limitation: (i) the ability or inability of a registrant
to obtain a Registered Name during these periods; and (ii) the results of any dispute over a
registration made or sought during a Sunrise Period.
|
| 16. Breach |
| You agree that your failure to abide by any provision of this Agreement, of any
operating rule or policy published by us, or of the Dispute Policies, may be considered by us to
be a material breach. We may provide a written notice describing such breach to you. If within
thirty (30) calendar days of the date of such notice, you fail to provide evidence which, in our
discretion, is reasonably satisfactory that you have not breached your obligations under the
Agreement, you authorize us to cancel or suspend your registration or reservation of your domain
name, or terminate your account or other services we may be providing, without further notice.
Any such breach by you shall not be deemed to be excused for the mere reason that we failed to
recognize such breach at an earlier time, or, having recognized such breach, having failed to
provide notice sooner in response to such breach. Further, no breach or remedy for any breach
shall be deemed waived unless and until we provide written notice to you specifying such waiver.
|
| 17. Abuse of Service |
- (a) You agree not to abuse the services provided by INTDomain, whether intentionally or
negligently. Abuse of service is any activity involving the use of services provided by
INTDomain which (i) adversely affects the service that INTDomain can provide to other
customers; (ii) adversely affects the ability of INTDomain to administer itself or to
administer its services; (iii) adversely affects the ability of INTDomain to abide by
ICANN or Registries policies and procedures, or by the laws or regulations of any state
in which INTDomain customers may reside or do business; (iv) makes use of INTDomain's
services to violate the laws or regulations of any jurisdiction in which the Internet
may operate; or (v) adversely affects the legal rights of a third party.
- (b) You hereby represent and agree that, to the best of your knowledge, neither the
registration of the domain name, nor the manner in which it will directly or indirectly
used, infringes the legal rights of any third party.
- (c) Examples of abuse of service include, but are not limited to, the following:
- (i) Using automated means to repeatedly, and in a continuous fashion, attempt
to register domain names, or make use of Whois services to survey domain names,
whether or not those domain names have been previously registered by another party,
in such a manner as to pose the risk of impeding INTDomain from providing timely
service to other subscribers;
- (ii) Using domain names registered through INTDomain to send unsolicited mass
mailings of a commercial nature to Internet users, e.g., spamming;
- (iii) Using INTDomain's servers, without the prior authorization of INTDomain,
as part of a method of sending anonymous email to one or more Internet users;
- (iv) Registering a domain name with the intent to deprive a rightful holder
of a trademark the value or benefit of that holder's use or possession of such
trademark.
- (d) You agree that abuse of service is a material breach of this agreement. You
further agree that, in the event INTDomain obtains credible information that you have
engaged in service abuse, it may appropriate any and all funds you may have placed on
deposit with INTDomain for payment of services anticipated but not yet rendered and
reassign, cancel or suspend the registration of your domain name(s). At the time of
such appropriation, INTDomain shall provide notice to you of its action and the basis
of such action, including the specific allegation constituting abuse of service, and
a brief description of the evidence that INTDomain currently has and intends to rely
upon to establish the allegation. Any appropriated funds or domain names may be returned
to you upon your demonstration, within 30 days of the notice and to the satisfaction of
INTDomain that you have not engaged in the abuse of service specified in the notice; or
upon an order of a court of competent jurisdiction under this agreement commanding such
return.
|
| 18. No Guaranty |
| You understand and agree that, by registration or reservation of your chosen
domain name, such registration or reservation does not confer immunity from objection to the
registration, reservation, or use of the domain name. |
| 19. Disclaimer of Warranties |
You warrant that the information that you provide to us to register or
reserve your domain name or register for other Services is, to the best of your knowledge
and belief, accurate and complete, and you agree to provide any future changes to this
information to us in a timely manner, and in accord with the modification procedures in
place at that time.
You agree that your use of our services is solely at your own risk. You agree that such
Services are provided on an "as is," and "as available" basis. We expressly disclaims all
warranties of any kind, whether express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Services will meet your requirements, or that the services
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 services or as to the accuracy or
reliability of any information obtained through the our email service, or that defects in
the services software will be corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of the our email 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 regarding any goods or services purchased or obtained through
the email service or any transactions entered into through the email service. No advice or
information, whether oral or written, obtained by you from us or through the email service
shall create any warranty not expressly made herein. (Some jurisdictions do not allow the
exclusion of certain warranties, so some of the above exclusions may not apply to you.)
|
| 20. Revocation |
- (a) You agree that we may, at our discretion, reassign, cancel or suspend the
registration of your domain name, or terminate your right to use other services,
if the Account Information which you provided or updated contains false or misleading
information, or conceals or omits any information we would likely consider material
to our decision to register, renew, reserve or transfer your domain name. You agree
that we may, in our sole discretion, deactivate or transfer your domain name at any
time subject to domain name ownership and registration rights under applicable law
and the liability provisions within this agreement.
- (b) INTDomain reserves 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 INTDomain 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 any registrar in connection with a domain name registration. INTDomain also reserves
the right to freeze a domain name during resolution of a dispute.
|
| 21. Transfer of Domain Name by Registrant |
- (a) You may request a transfer of the registration a domain name from another
Registrar to INTDomain. Alternatively, you may request a transfer of a domain name
from registration with INTDomain to registration with another Registrar. Under either
circumstance, no such request for a transfer will be honored by INTDomain for a
period sixty (60) days after your initial registration of the domain name, that is,
upon your initial registration of the name, regardless of whom your initial Registrar
might have been, INTDomain will not honor any transfer request, to or from INTDomain,
for a period of sixty days (commencing on the day after such registration); thereafter,
INTDomain will honor your requests for transfers of your domain name as frequently
as you may desire.
- (b) INTDomain has the right to verify the authenticity of a domain name transfer
request, and may reject any such request, in its own discretion, absent credible proof
that you or your agent has requested or authorized the transfer of the name.
|
| 22. Severability |
| You agree that the terms of this Agreement are severable. If any
term or provision is declared invalid or unenforceable by a court of competent
jurisdiction and venue, as specified in this Agreement, 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.
|
| 23. Non-Agency Among the Parties |
| Nothing contained in this Agreement, the provisions incorporated herein, the
rules and policies published by us, or the Dispute Policy established by ICANN and referenced
above shall be construed as creating any agency, partnership, or other form of joint enterprise
between the parties.
|
| 24. Agents |
- (a) If an account is opened, or our services are utilized or purchased, on your behalf
by an agent (e.g., an Internet Service Provider or your employee) you agree that you are
bound as a principal to this agreement, by the actions of that agent, to all terms and
conditions herein including the Dispute Policy.
- (b) If you are acting as an agent, that is, opening an account or registering a
domain name, on behalf of another person, You hereby represent and agree that you have
provided notice equivalent to that set forth in paragraphs 10 through 15, above, to any
third party individuals whose Registrant Information you have supplied to INTDomain;
and that you have obtained consent equivalent to that referred to in paragraph 16, above,
from any such third party. You agree that if we receive instructions regarding the domain
name(s) from you principal, and that principal is properly identified as being the registrant
of the domain name(s), you authorize us to comply with such instructions.
|
| 25. Entirety |
| You agree that this Agreement, the provisions incorporated herein, the rules
and policies published by us, and the Dispute Policies established by ICANN, constitute the complete
and exclusive agreement between you and us regarding our services. This exclusive agreement
supersedes any and all prior agreements and understandings, whether established by custom,
practice, policy, or precedent.
|
| 26. Infancy |
| You attest that you are of legal age in your domicile to enter into this Agreement.
In the event that you are not of such age, then we are authorized, at our discretion to terminate
this agreement and to cancel the registration of your domain names.
|
| 27. Acceptance |
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING AS A CUSTOMER OF
INTDomain AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET
FORTH IN THIS AGREEMENT.
|
|
|
