Registration Agreement Policy
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.
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.