Registration Agreement and Uniform Domain Name Dispute
Resolution Policy
1. Agreement
In this Service Agreement ("Agreement") "you" and
"your" refer to each customer and "we", us" and "our" refer to
Globalsites.net. This Agreement explains our obligations to you, and
explains your obligations to us for our various services. By
selecting our service(s) you have agreed to establish an account with
us for such services. When you use your account or permit someone
else to use it to purchase or otherwise acquire access to additional
service(s) or to cancel your Globalsites.net service(s) (even if we
were not notified of such authorization), this Agreement covers such
service or actions. By using the service(s) provided by
Globalsites.net under this Agreement, you acknowledge that you have
read and agree to be bound by all terms and conditions of this
Agreement and any pertinent rules or policies that are or may be
published by us.
1.A Renewals
You must notify us in writing 30 days prior to your domains expiration date if you do not wish to renew your domain name. Domains are renewed when they come due without notice to client. Failure to pay for domain registration will result in the loss of your domain name.
2. Selection of a Domain Name
We cannot and do not check to see whether the domain
name you select, or the use you make of the domain name,
infringes legal rights of others. We urge you to investigate to see
whether the domain name you select or its use infringes legal
rights of others, and in particular we suggest you seek advice
of competent counsel. You may wish to consider seeking one or more
trademark registrations in connection with your domain name. You
should be aware that there is the possibility we might be
ordered by a court to cancel, modify, or transfer your domain name.
You should be aware that if we are sued or threatened with lawsuit
in connection with your domain name, we may turn to you to hold
us harmless and indemnify us.
3. Fees, Payment and Term
As consideration for the services you have selected,
you agree to pay Globalsites.net the applicable service(s)
fees. Registration will not be processed until payment for services
is verified or received. All fees payable for domain name
thereunder are nonrefundable unless we provide otherwise. This
section does not apply to fees payable for Globalsites.net's Web
Hosting and Web Hosting services. As further consideration for the
domain name service(s), you agree to: (1) provide certain current,
complete and accurate information about you as required by the
registration process and (2) maintain and update this information
as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). You hereby grant Globalsites.net the right to
disclose to third parties such Account Information. The Registrant,
by completing and submitting the Domain Name Registration
Agreement ("Registration Agreement"), represents that the
statements in its application are true and that the registration of
the selected Domain Name, so far as the Registrant is aware, does
not interfere with or infringe upon the rights of any third
party. The Registrant also represents that the Domain Name is not
being registered for any unlawful purpose.
4. Modifications to Agreement
You agree, during the period of this Agreement, that
we may: (1) revise the terms and conditions of this Agreement;
and (2) change the services provided under this Agreement. Any
such revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s)
on Globalsites.net's Web site, or on notification to you by
e-mail or by telephone or by mail. You agree to review
Globalsites.net's Web site, including the Agreement, periodically
to be aware of any such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at
any time by providing us with notice by e-mail or by fax. Notice
of your termination will be effective on receipt and processing by
us. You agree that, by continuing to use the Globalsites.net
services following notice of any revision to this Agreement or
change in service(s), you abide by any such revisions or
changes. You further agree that we, in our sole discretion, may
modify our Dispute Policy at any time. 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 modifications, you may request that
your domain name be deleted from the domain name database.
5. Modifications to Your Account
In order to change any of your account information
with us, you must use your Account Identifier and Password that
you selected when you opened your account with us. Please safeguard
your Account Identifier 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.
6. Domain Name Dispute Policy
If you reserved or registered a domain name through
us, or transferred a domain name to us from another registrar,
you agree to be bound by our current Domain Name Dispute Policy
("Dispute Policy") which is incorporated herein and made a part of
this Agreement by reference.
7. Domain Name Disputes
You agree that, if the registration or reservation
of your domain name 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 harmless pursuant to the terms and conditions contained
in the Dispute Policy. For any dispute, you agree to submit to the
jurisdiction of the courts of your domicile, the courts of the
geographic location indicated by your WHOIS information for your
domain name, and the courts of the DuPage County, Illinois.
8. Agents
You agree that, if an agent for you (i.e., an
Internet Service Provider, employee, etc.) purchased
Globalsites.net service(s) on your behalf, you are nonetheless
bound as a principal by all terms and conditions herein, including
the Dispute Policy.
9. Announcements
We reserve the right to distribute information to
you that is pertinent to the quality or operation of our services
and 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 or to enhance your identity on the Internet.
10. Limitation of Liability
You agree that our entire liability, and your
exclusive remedy, with respect to any Globalsites.net services(s)
provided under this Agreement and any breach of this Agreement
is solely limited to the amount you paid for such service(s).
Globalsites.net and its contractors shall not be liable for any
direct, indirect, incidental, special or consequential damages
resulting from the use or inability to use any of the
Globalsites.net services or for the cost of procurement of
substitute services. Because some states do not allow the
exclusion or limitation of liability for consequential or
incidental damages, in such states, our liability is limited to the
extent permitted by law. We disclaim any and all loss or liability
resulting from, but not limited to: (1) loss or liability
resulting from access delays or access interruptions; (2) loss
or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of God; (4)
loss or liability resulting from the unauthorized use or misuse of
your Account Identifier or Password; (5) loss or liability
resulting from errors, omissions, or misstatements in any and
all information or services(s) provided under this Agreement; (6)
loss or liability resulting from the development or interruption of
your Web site or e-mail service. The registrant agrees that
Globalsites.net will not be liable for any loss of registration and
use of registrant's domain name, or for interruption of business,
or any indirect, special, incidental, or consequential damages of
any kind (including lost profits) regardless of the form of action
whether in contract, tort (including negligence), or
otherwise, even if Globalsites.net has been advised of the
possibility of such damages. In no event shall Globalsites.net's
maximum liability exceed five hundred ($500.00) dollars.
11. Indemnity
You agree to release, indemnify, and hold
Globalsites.net, its contractors, agents, employees, officers,
directors and affiliates harmless from all liabilities, claims
and expenses, including attorney's fees, of third parties relating
to or arising under this Agreement, the Globalsites.net services
provided thereunder or your use of the Globalsites.net services,
including without limitation infringement by you, or someone
else using the Globalsites.net E-mail Service with your computer,
of any intellectual property or other proprietary right of any
person or entity, or from the violation of any Globalsites.net
operating rule or policy relating to the service(s) provided.
You also agree to release, indemnify and hold us harmless pursuant
to the terms and conditions contained in the Dispute Policy. When
Globalsites.net is threatened with suit by a third party,
Globalsites.net may seek written assurances from you concerning
your promise to indemnify Globalsites.net; your failure to provide
those assurances may be considered by Globalsites.net to be a
breach of your Agreement and may result in deactivation of your
domain name.
12. Breach
You agree that failure to abide by any provision
of this Agreement, any Globalsites.net operating rule or policy or
the Dispute Policy, may be considered by us to be a material
breach and that we may provide a written notice, describing the
breach, to you. If within thirty (30) 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 or terminate your account without
further notice. 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.
13. No Guarantee
You agree that, by registration or reservation of
your chosen domain name, such registration or reservation does
not confer immunity from objection to either the registration,
reservation, or use of the domain name.
14. Disclaimer of Warranties
You agree and warrant that the information that you
provide to us to register or reserve your domain name or
register for other Globalsites.net service(s) is, to the best of
your knowledge and belief, accurate and complete, and that any
future changes to this information will be provided to us in a
timely manner according to the modification procedures in
place at that time. You agree that your use of our Globalsites.net
service(s) is solely at your own risk. You agree that such
service(s) is provided on an "as is," "as available" basis.
Globalsites.net 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. Globalsites.net makes no warranty
that the Globalsites.net service(s) will meet your requirements, or
that the service(s) will be uninterrupted, timely, secure, or
error free; nor does Globalsites.net 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
the Globalsites.net e-mail service or that defects in the
Globalsites.net service(s) software will be corrected. You
understand and agree that any material and/or data downloaded or
otherwise obtained through the use of the Globalsites.net 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.
Globalsites.net makes no warranty regarding any goods or services
purchased or obtained through the service or any transactions
entered into through service. No advice or information, whether
oral or written, obtained by you from Globalsites.net or through
the 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.
15. Revocation
You agree that we may delete your domain name or
terminate your right to use other Globalsites.net service(s) if
the information that you provided to register or reserve your
domain name or register for other Globalsites.net service(s), or
subsequently to modify it, contains false or misleading
information, or conceals or omits any information we would likely
consider material to our decision to register or reserve your
domain name. You agree that we may, in our sole discretion, delete
or transfer your domain name at any time.
16. Right of Refusal
We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or register
you for other Globalsites.net service(s), or to delete your domain
name within thirty (30) calendar days from receipt of your payment
for such services. In the event we do not register or reserve
your domain name or register you for other Globalsites.net
service(s), or we delete your domain name or other Globalsites.net
service(s) within such thirty (30) calendar day period, we agree
to refund your applicable fee(s). You agree that we shall not be
liable to you for loss or damages that may result from our refusal
to register or reserve, or delete your domain name or register
you for other Globalsites.net service(s).
17. 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.
18. Non-Agency
Nothing contained in this Agreement or the Dispute
Policy shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties.
19. Non-Waiver
The failure of Globalsites.net to require performance
by the Registrant of any provision hereof shall not affect
the full right to require such performance at any time thereafter;
nor shall the waiver by Globalsites.net of a breach of any
provision hereof be taken or held to be a waiver of the provision
itself.
20. Notices
Any notice, direction or other communication given
under this Agreement shall be in writing and given by sending it
via e-mail or via regular mail. In the case of e-mail, valid
notice shall only have been deemed to have been given when an
electronic confirmation of delivery has been obtained by the
sender, in the case of notice to us to nic@Globalsites.net. Mail
shall be sent to: Globalsites.net Corp., 1 North State Street 12th
Floor, Chicago, IL 60602, and to you at the mailing address
provided in your application or as updated from time to time. Any
e-mail communication shall be deemed to have validly and
effectively given on the date of such communication, if such
date is a business day and such delivery was made prior to 4:00
p.m. CST and otherwise on the next business day. Any communication
sent via regular mail shall be deemed to have been validly and
effectively given 5 business days after the date of mailing.
21. Entirety
You agree that this Agreement, the rules and policies
published by Globalsites.net and the Dispute Policy are the
complete and exclusive agreement between you and us regarding our
Globalsites.net services. This Agreement and the Dispute Policy
supersede all prior agreements and understandings, whether
established by custom, practice, policy or precedent.
22. Governing Law
You agree that this Agreement shall be governed in
all respects by and interpreted in accordance with the laws of
the State of Illinois and the federal laws of the Unites States of
America applicable therein without reference to rules governing
choice of laws. Any action relating to this agreement must be
brought in the County of DuPage courts located in DuPage County,
Illinois and you irrevocably consent to the jurisdiction of such
courts.
23. Infancy
You attest that you are of legal age to enter into this Agreement.
24. Acceptance of agreement
You acknowledge that you have read this agreement
and agree to all its terms and conditions. You have independently
evaluated the desirability of participating in the affiliate
network and are not relying on any representation, guarantee or
statement other than as set forth in this agreement.
Uniform Domain Name Dispute Resolution Policy
As Approved by ICANN on October 24, 1999
1. Purpose
This Uniform Domain Name Dispute Resolution Policy
(the "Policy") has been adopted by the Internet Corporation for
Assigned Names and Numbers ("ICANN"), is incorporated by reference
into your Registration Agreement, and sets forth the terms and
conditions in connection with a dispute between you and any party
other than us (Globalsites.net Corporation) over the registration
and use of an Internet domain name registered by you. Proceedings
under Paragraph 4 of this Policy will be conducted according to
the Rules for Uniform Domain Name Dispute Resolution Policy (the
"Rules of Procedure"), and the selected
administrative-dispute-resolution service provider's supplemental
rules.
2. Your Representations
By applying to register a domain name, or by asking
us to maintain or renew a domain name registration, you hereby
represent and warrant to us that (a) the statements that you made
in your Registration Agreement are complete and accurate; (b) to
your knowledge, the registration of the domain name will not
infringe upon or otherwise violate the rights of any third party;
(c) you are not registering the domain name for an unlawful
purpose; and (d) you will not knowingly use the domain name in
violation of any applicable laws or regulations. It is your
responsibility to determine whether your domain name registration
infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes
We will cancel, transfer or otherwise make changes
to domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written
or appropriate electronic instructions from you or your authorized
agent to take such action; b. our receipt of an order from a
court or arbitral tribunal, in each case of competent jurisdiction,
requiring such action; and/or c. our receipt of a decision of
an Administrative Panel requiring such action in any
administrative proceeding to which you were a party and which was
conducted under this Policy or a later version of this Policy
adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also
cancel, transfer or otherwise make changes to a domain name
registration in accordance with the terms of your Registration
Agreement or other legal requirements
4. Mandatory Administrative Proceeding
This Paragraph sets forth the type of disputes for
which you are required to submit to a mandatory administrative
proceeding. These proceedings will be conducted before one of the
administrative-dispute-resolution service providers listed at
http://www.icann.org/udrp/approved-providers.htm (each, a
"Provider"). a. Applicable Disputes. You are required to submit to a
mandatory administrative proceeding in the event that a third
party (a "complainant") asserts to the applicable Provider, in
compliance with the Rules of Procedure, that (i) your domain
name is identical or confusingly similar to a trademark or service
mark in which the complainant has rights; and (ii) you have no
rights or legitimate interests in respect of the domain name; and
(iii) your domain name has been registered and is being used in bad
faith. In the administrative proceeding, the complainant must
prove that each of these three elements are present. b. Evidence
of Registration and Use in Bad Faith. For the purposes of Paragraph
4(a)(iii), the following circumstances, in particular but
without limitation, if found by the Panel to be present, shall be
evidence of the registration and use of a domain name in bad faith:
(i) circumstances indicating that you have registered or you have
acquired the domain name primarily for the purpose of selling,
renting, or otherwise transferring the domain name registration to
the complainant who is the owner of the trademark or service mark
or to a competitor of that complainant, for valuable
consideration in excess of your documented out-of-pocket costs
directly related to the domain name; or (ii) you have registered
the domain name in order to prevent the owner of the trademark or
service mark from reflecting the mark in a corresponding domain
name, provided that you have engaged in a pattern of such
conduct; or (iii) you have registered the domain name primarily for
the purpose of disrupting the business of a competitor; or (iv) by
using the domain name, you have intentionally attempted to
attract, for commercial gain, Internet users to your Web site or
other on-line location, by creating a likelihood of confusion with
the complainant's mark as to the source, sponsorship, affiliation,
or endorsement of your Web site or location or of a product or
service on your Web site or location. c. How to Demonstrate Your
Rights to and Legitimate Interests in the Domain Name in Responding
to a Complaint. When you receive a complaint, you should
refer to Paragraph 5 of the Rules of Procedure in determining how
your response should be prepared. Any of the following
circumstances, in particular but without limitation, if found by
the Panel to be proved based on its evaluation of all evidence
presented, shall demonstrate your rights or legitimate interests
to the domain name for purposes of Paragraph 4(a)(ii): (i) before
any notice to you of the dispute, your use of, or demonstrable
preparations to use, the domain name or a name corresponding to the
domain name in connection with a bona fide offering of goods
or services; or (ii) you (as an individual, business, or other
organization) have been commonly known by the domain name, even if
you have acquired no trademark or service mark rights; or (iii) you
are making a legitimate noncommercial or fair use of the
domain name, without intent for commercial gain to misleadingly
divert consumers or to tarnish the trademark or service mark at
issue. d. Selection of Provider. The complainant shall select the
Provider from among those approved by ICANN by submitting the
complaint to that Provider. The selected Provider will administer
the proceeding, except in cases of consolidation as described in
Paragraph 4(f). e. Initiation of Proceeding and Process and
Appointment of Administrative Panel. The Rules of Procedure
state the process for initiating and conducting a proceeding and
for appointing the panel that will decide the dispute (the
"Administrative Panel"). f. Consolidation. In the event of
multiple disputes between you and a complainant, either you or the
complainant may petition to consolidate the disputes before a
single Administrative Panel. This petition shall be made to the
first Administrative Panel appointed to hear a pending dispute
between the parties. This Administrative Panel may consolidate
before it any or all such disputes in its sole discretion,
provided that the disputes being consolidated are governed by this
Policy or a later version of this Policy adopted by ICANN. g. Fees.
All fees charged by a Provider in connection with any dispute
before an Administrative Panel pursuant to this Policy shall be
paid by the complainant, except in cases where you elect to expand
the Administrative Panel from one to three panelists as provided in
Paragraph 5(b)(iv) of the Rules of Procedure, in which case
all fees will be split evenly by you and the complainant. h. Our
Involvement in Administrative Proceedings. We do not, and will not,
participate in the administration or conduct of any proceeding
before an Administrative Panel. In addition, we will not be
liable as a result of any decisions rendered by the Administrative
Panel. i. Remedies. The remedies available to a complainant
pursuant to any proceeding before an Administrative Panel
shall be limited to requiring the cancellation of your domain name
or the transfer of your domain name registration to the
complainant. j. Notification and Publication. The Provider shall
notify us of any decision made by an Administrative Panel with
respect to a domain name you have registered with us. All
decisions under this Policy will be published in full over the
Internet, except when an Administrative Panel determines in an
exceptional case to redact portions of its decision. k.
Availability of Court Proceedings. The mandatory administrative
proceeding requirements set forth in Paragraph 4 shall not
prevent either you or the complainant from submitting the dispute
to a court of competent jurisdiction for independent resolution
before such mandatory administrative proceeding is commenced or
after such proceeding is concluded. If an Administrative Panel
decides that your domain name registration should be canceled or
transferred, we will wait ten (10) business days (as observed in
the location of our principal office) after we are informed by
the applicable Provider of the Administrative Panel's decision
before implementing that decision. We will then implement the
decision unless we have received from you during that ten (10)
business day period official documentation (such as a copy of a
complaint, file-stamped by the clerk of the court) that you have
commenced a lawsuit against the complainant in a jurisdiction to
which the complainant has submitted under Paragraph 3(b)(xiii)
of the Rules of Procedure. (In general, that jurisdiction is
either the location of our principal office or of your address as
shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the
Rules of Procedure for details.) If we receive such documentation
within the ten (10) business day period, we will not implement
the Administrative Panel's decision, and we will take no further
action, until we receive (i) evidence satisfactory to us of a
resolution between the parties; (ii) evidence satisfactory to
us that your lawsuit has been dismissed or withdrawn; or (iii) a
copy of an order from such court dismissing your lawsuit or
ordering that you do not have the right to continue to use your
domain name.
5. All Other Disputes and Litigation
All other disputes between you and any party other
than us regarding your domain name registration that are not
brought pursuant to the mandatory administrative proceeding
provisions of Paragraph 4 shall be resolved between you and such
other party through any court, arbitration or other proceeding
that may be available.
6. Our Involvement in Disputes
We will not participate in any way in any dispute
between you and any party other than us regarding the
registration and use of your domain name. You shall not name us as a
party or otherwise include us in any such proceeding. In the event
that we are named as a party in any such proceeding, we
reserve the right to raise any and all defenses deemed appropriate,
and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo
We will not cancel, transfer, activate, deactivate,
or otherwise change the status of any domain name registration
under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute
a. Transfers of a Domain Name to a New Holder. You
may not transfer your domain name registration to another holder
(i) during a pending administrative proceeding brought pursuant to
Paragraph 4 or for a period of fifteen (15) business days (as
observed in the location of our principal place of business)
after such proceeding is concluded; or (ii) during a pending court
proceeding or arbitration commenced regarding your domain name
unless the party to whom the domain name registration is being
transferred agrees, in writing, to be bound by the decision of
the court or arbitrator. We reserve the right to cancel any
transfer of a domain name registration to another holder that is
made in violation of this subparagraph. b. Changing Registrars. You
may not transfer your domain name registration to another
registrar during a pending administrative proceeding brought
pursuant to Paragraph 4 or for a period of fifteen (15) business
days (as observed in the location of our principal place of
business) after such proceeding is concluded. You may transfer
administration of your domain name registration to another
registrar during a pending court action or arbitration, provided
that the domain name you have registered with us shall continue to
be subject to the proceedings commenced against you in accordance
with the terms of this Policy. In the event that you transfer a
domain name registration to us during the pendency of a court
action or arbitration, such dispute shall remain subject to the
domain name dispute policy of the registrar from which the
domain name registration was transferred.
9. Policy Modifications
We reserve the right to modify this Policy at any
time with the permission of ICANN. We will post our revised
Policy at at least thirty (30) calendar days before it becomes
effective. Unless this Policy has already been invoked by the
submission of a complaint to a Provider, in which event the version
of the Policy in effect at the time it was invoked will apply
to you until the dispute is over, all such changes will be binding
upon you with respect to any domain name registration dispute,
whether the dispute arose before, on or after the effective
date of our change. In the event that you object to a change in
this Policy, your sole remedy is to cancel your domain name
registration with us, provided that you will not be entitled to a
refund of any fees you paid to us. The revised Policy will
apply to you until you cancel your domain name registration.