CapitolDomains Registration Agreement - August 2009 CapitolDomains, LLC. is a Florida Limited Liability Corporation performing domain name registration and other services under the name of CapitolDomains. CapitolDomains is an accredited registrar of the Internet Corporation for Assigned Names and Numbers ("ICANN"). This Agreement explains CapitolDomains's obligations to you, and your obligations to CapitolDomains. By your use of any of CapitolDomains's Services (Services), including but not limited to the registration, renewal or transfer of a domain name, you agree to be bound by all of this Agreement's terms and conditions. If you are registering a domain name in the .BIZ, .INFO, .NAME, or .US registries, then you also agree to be bound by the terms and conditions of the applicable Appendix to this Agreement for your domain name. TERMS AND CONDITIONS APPENDIX A: ADDITIONAL REQUIREMENTS FOR .BIZ REGISTRANTS APPENDIX B: ADDITIONAL REQUIREMENTS FOR .INFO REGISTRANTS APPENDIX C: ADDITIONAL REQUIREMENTS FOR .NAME REGISTRANTS APPENDIX D: ADDITIONAL REQUIREMENTS FOR .US REGISTRANTS APPENDIX E: DOMAINS IN REDEMPTION GRACE PERIOD TERMS AND CONDITIONS 1. Your Account and Information: To conduct business with CapitolDomains, you must open an Account or If your account was opened by a third party you have to accept the terms contained in this agreement. Instructions for opening an Account can be found at www.CapitolDomains.com. The safety and security of your Account Name and Password is your responsibility. (a) Certifications: By opening an Account with CapitolDomains, or by completing and submitting a domain name registration, renewal, reservation, or transfer applications ("applications"), you represent and certify, to the best of your knowledge and belief, that: (a) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder; (b) the statements you make in opening an Account or in any applications are accurate, current, and complete; (c) the registration, reservation, renewal, transfer of any selected domain name does not interfere with or infringe upon rights of any third party; and (d) the selected domain name is not being registered, reserved, renewed, or transferred, and will; not be used, for any unlawful purpose. (b) Collection of Information: You must provide the following information when you open an Account or register domain names (hereafter "Account Information")1:
(c) Accuracy of Information: You will timely correct and up-date your information when it changes. Should there be changes or errors in your information, you will contact CapitolDomains within ten (10) calendar days to make corrections.2 Furthermore: (i) You will send all corrections and changes of Account Information to CapitolDomains by email, addressed to Admin@CapitolDomains.com. CapitolDomains does not and shall not accept changes, corrections or other modifications to Account Information over the phone or by written correspondence. Also, because email can be lost or misrouted, you will resend such email until you receive confirmation of receipt from CapitolDomains. You must include in your email correspondence your Account Name, postal address, email address, voice telephone number, and Account Password. (ii) CapitolDomains may contact you at any time to inquire as to the accuracy and completeness of your Account Information, to which you must respond within ten (10) calendar days. (iii) If any Account Information in parts (a) (1) through (3) provided or maintained by you is materially false or misleading, CapitolDomains may revoke your registration of all domain names that you have registered or maintained with CapitolDomains using such information. In such circumstances, you may forfeit to CapitolDomains any remaining, pro-rated portion of the registration fees for the domain names, and you will hold CapitolDomains harmless for any damage that it may incur resulting from its reliance on that information. In addition, CapitolDomains may, in its sole discretion, acquire, assign, or transfer any domain names whose registration is forfeited under this provision. (d) Additional Provisions: The following provisions also apply to your Account Information: (i) Security: To change Account Information, you must use your Account Access Information (account name and password). You are solely responsible for all use of the Account and Account Information. CapitolDomains shall not be liable for any unauthorized use or misuse of the Account or any Account Information, and you are financially responsible for any domain name registrations and other services requested by anyone using your Account or Account Information. (ii) Additional Information: From time to time, additional or different information for the administration of your Account may be required by CapitolDomains, ICANN, an applicable domain name registry ("Registry"), or a government organization. In such event you will provide the additional or different information promptly upon request. (iii) Publication: The Contact Information that you provide pursuant to part (b)(2) for each registered domain name must be published in globally available databases known as “WHOIS” databases.3 CapitolDomains and the Registries may publish your Contact Information for each domain name for which you are the registrant.4 (iv) Disclosure of Remaining Information: CapitolDomains will not disclose your Account Access, Purchase, or Payment Information, except as may be required by law, by subpoena, and (in CapitolDomains’s sole discretion) to appropriate requests from law enforcement agencies or other government auditing and regulatory agencies. (v) Additional Uses: CapitolDomains may use your Account Information to effectively and efficiently provide its services and to administer the Internet, and to fulfill its obligations under contracts with ICANN, Registries, and government organizations. (vi) Third Party Transactions: Should you permit third parties to use your domain name, whether by license or otherwise, you are obligated to: (A) identify yourself as the name's registrant; (B) comply with all requirements of this Agreement concerning the reporting and updating of Account Information; and (C) pay damages incurred by CapitolDomains and any other persons for abusive or unlawful use of the domain name by such third parties. CapitolDomains cannot and does 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. It is your responsibility to investigate whether a domain name you select may infringe legal rights of others, and CapitolDomains urges 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. You agree to pay CapitolDomains the applicable fees for the Services of CapitolDomains that you use. These fees can be found at http://www.CapitolDomains.com. All fees payable are non-refundable unless CapitolDomains provides otherwise. CapitolDomains reserves the right to change these fees, or to institute additional fees, at any time. (a) Opening an Account. When opening an Account, you will provide a credit card, debit card, or other form of payment ("method of payment"), including an account number for this method of payment and authorization for its use. You will pay all applicable fees and charges found in CapitolDomains's fee schedule, www.CapitolDomains.com, then specified for a service at the time you use that service. All fees incurred are due immediately and are non-refundable, except as expressly noted elsewhere in this Agreement. (b) Accurate Credit Card Information and Adequate Credit Line. The account number that you provide will be valid, and the method payment will have a credit line adequate to handle any and all the charges you incur through the use of CapitolDomains's Services, both pending and future. (c) Updates. CapitolDomains may make charges to your method of payment and account number, consistent with its fee schedules. Should your method of payment change, you will provide CapitolDomains with timely notice of this event and promptly provide new and equivalent billing information. (d) Chargebacks. If, for any reason other than its own errors, CapitolDomains is unable to charge your method of payment for the full amount then due, or is charged back for any fee, this will be a material breach of this Agreement. Under such circumstances: (i) CapitolDomains may pursue all available legal remedies to obtain payment for services provided; (ii) you will waive all legal defenses to CapitolDomains’s legal remedies; and (iii) CapitolDomains may, in its sole discretion, reassign, cancel, transfer, auction or otherwise revoke your domain names without providing prior notice to you and without obligation to refund any fees paid to-date for the applicable Services. (e) Changes in Fee Schedule. CapitolDomains may revise its fees from time to time, and may add fees and services as appropriate in keeping with ICANN's policies. New services will be charged according to the fees then appearing in CapitolDomains's fee schedule. (f) Special Fees. If your method of payment incurs a chargeback, or should another collections matter require CapitolDomains to perform tasks outside the scope of its regular Services, then CapitolDomains may charge you a reasonable service fee and may: (i) bill this fee to your method of payment; or (ii) in the alternative, CapitolDomains’s discretion, send to you a separate bill for such fee that is payable upon receipt. (g) Payment Terms. CapitolDomains may, in its sole discretion, extend payment terms to you. If you receive such extended payment terms, then you will pay all incremental payments fully and promptly when due. 4. Responsibility for Your Account and Domain Names: You are at all times responsible for all harm caused by any use of your Account and of any domain name registered through your Account. You will hold CapitolDomains harmless for any damages or legal liability resulting from such use, subject only to any applicable laws in the relevant jurisdiction. In the event that possible abusive or unlawful use of your account or domain name is brought to your attention, you must promptly notify CapitolDomains of this situation, and provide all relevant information that may serve to remedy or mitigate the harm caused by such abuse or unlawful conduct or that might assist in identifying or sanctioning a third party who engaged in such conduct. 5. Modifications to Agreement: CapitolDomains may revise the terms and conditions of this Agreement, and change the Services provided under this Agreement at any time. Such changes are subject to the following conditions: (a) Any such revision or change will be binding and effective immediately upon it having been posted on CapitolDomains's website. It is your responsibility to periodically review CapitolDomains's web site, including this Agreement, to apprise yourself of any such revisions or changes (b) If, after any such revision or change has been made, you decide that you do not wish to be bound by such change, you may transfer your domain names registered with CapitolDomains to another registrar. Unless and until you implement such transfer, or you cancel your registration of such domain names, you will remain bound any revisions or changes made and published pursuant to this paragraph. Third party agents ("Agents") often conduct business with CapitolDomains on behalf of account holders and registrants ("Principals"). Agents may be other individuals, companies, or other entities, including but not limited to Internet Service Providers and Web Hosting Companies. (a) If you are acting as an Agent when using any services provided by CapitolDomains, then you are obligated and agree as follows:
(b) If you are a Principal who uses the services of an Agent, then you authorize, and are fully responsible and liable for, all actions, requests, commitments and contracts made or agreed to by your Agent. You are further and fully responsible, financially as well as legally, for your Agent's actions under this Agreement, to all parties affected by your Agent's actions. (a) You may request the transfer of the registration of a domain name from another registrar to CapitolDomains. You may request a transfer of the registration of a domain name from CapitolDomains to another registrar. Under either circumstance, no request for a transfer will be honored by CapitolDomains for a period of the first sixty (60) days commencing on the first day after the domain name has been registered by you ("Initial 60 Day Period"). After this sixty day period expires, CapitolDomains will honor requests for transfers of a domain name as many times as you request such transfers, provided all appropriate information is provided and fees are paid. (b) In the event that a request for a domain name transfer is received by CapitolDomains during the Initial 60 Day Period, and the request is not executed by CapitolDomains, you are responsible for resubmitting the request. Under no circumstances will CapitolDomains be liable for the execution of, or the failure to execute, a transfer request where that request is received by CapitolDomains during the Initial 60 Day Period. (c) CapitolDomains has the right and the responsibility to verify the authenticity of any and all domain name transfer requests. For this reason, CapitolDomains may reject any transfer request which, in its own discretion, is lacking credible or verifiable proof that you (or your Agent) has requested and authorized the domain name transfer, or that the intended recipient of the domain name registration sought to be transferred has authorized the transfer. 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. 9. Domain Name Disputes and the ICANN Domain Name Dispute Policy: (a) You are bound by the ICANN Uniform Dispute Registration Policy ("Dispute Policy") regarding your registration of any domain name, as this policy may be applicable and in effect at the time a dispute arises. This Dispute Policy and its procedures and rules (collectively, "Dispute Procedures") are located at: www.icann.org/udrp/. You are responsible for reviewing this policy and the Dispute Procedures. Additional dispute policies, pertaining to specific Registries and to top level domains, are set out in the Appendices to this Agreement. (b) In the event that a dispute concerning the registration of a domain name develops between you and any other party, you will indemnify and hold harmless CapitolDomains, and its directors, officers, employees, and agents, against all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the registration of the domain name and the dispute. (c) In the event that the registrant of a domain name is a partnership or other entity, and a dispute arises concerning the domain name between one or more partners, shareholders, directors, or other officers having apparent control over the registration of the name, then CapitolDomains may, at its discretion: (i) deposit control of the name with an appropriate judicial body; or (ii) suspend use or any transfer of the name until the dispute is resolved. Under such circumstances, you will indemnify and hold harmless CapitolDomains and its directors, officers, employees and agents to the extent specified in part (b). (d) In the event that a domain name dispute results in a judicial proceeding, you will submit (without prejudice to other potentially applicable jurisdictions) to the jurisdiction of the courts of the domicile of the then-current registrant of the domain name, and to the jurisdiction and venue selected by CapitolDomains for the holding of such proceedings, as specified elsewhere in this Agreement. (e) The registration of any domain name shall be subject to suspension, cancellation, or transfer by CapitolDomains for the purpose of (i) complying with a legal ICANN Dispute Policy decision rendered by a Dispute Policy Panel, (ii) complying with a judicial order; and (iii) resolving material disputes concerning a domain name. It shall be in the sole discretion of CapitolDomains whether or not a dispute concerning a domain name is material and should result in the suspension, cancellation or transfer of that domain name. (f) ICANN may, in its sole discretion, modify the ICANN Dispute Policy from time to time. Registries may also modify their policies from time to time. You shall be bound by and shall comply with these modifications as they may apply to you and the registration by you of a domain name from the dates on which these modifications are both published and effective. (g) In the event that you do not agree to any subsequent modification of this Agreement, the ICANN Dispute Policy, or applicable policies of Registries, your only recourse is to terminate this Agreement and abandon the registration of the affected domain names. CapitolDomains will not refund any fees you have paid for the registration of such abandoned domain names. (h) If and when CapitolDomains is notified that a complaint has been filed with a judicial or administrative body regarding your registration of a domain name or your use of our other Services, you may not make any changes to your domain name record, or your Account Information, without our prior approval. Further, CapitolDomains shall have the right to refuse and prevent you from making changes to such record and Account Information until we are authorized or directed to do so by applicable judicial or administrative body. In the event that you are named in any lawsuit regarding your registration or use of a domain name, CapitolDomains may deposit control of the name with the judicial body with which the law suit is pending. 10. Exclusive Remedy and Limitation of Liability: (a) The entire liability of CapitolDomains and its contractors and agents with respect to any Services provided by CapitolDomains under this Agreement is limited to the amount you personally paid for such Services. This applies whether the Services were provided to you or to a third party; whether the claim for relief is in law or equity, including but not limited to breach of contract or tort; and whether the conduct complained of was intentional or inadvertent. (b) CapitolDomains is not liable for any loss of registration, interruption of business, or unauthorized use of your domain names. (c) In no event will CapitolDomains, or its contractors or agents, be liable for any damages, whether direct, indirect, incidental, special or consequential of any kind (including lost profits), or for any costs incurred in obtaining substitute services arising out of Services provided (or not provided) by CapitolDomains under this Agreement. This provision shall be effective notwithstanding CapitolDomains being previously advised of the possibility of such damages. To the extent the law of the applicable jurisdiction where this Agreement must be construed does not permit such exclusion or limitation of liability, then the liability of CapitolDomains shall be limited to the full extent permitted by the law of such jurisdiction as consistent with this provision.(a) You will release, indemnify, defend, and hold harmless CapitolDomains, all applicable Registries, and any contractors, agents, attorneys, employees, officers, directors and affiliates of CapitolDomains and such Registries from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, related to or arising out of disputes, damages, or losses arising out of this Agreement or Services provided (or not provided) under this Agreement, whether directly or indirectly.5 (b) In the event that CapitolDomains or an applicable Registry is threatened with a lawsuit or is sued by a third party in connection with your Account, domain name, or use of CapitolDomains's Services, you will, upon request, provide written assurances that you will indemnify CapitolDomains or the Registry in accord with the above provision. CapitolDomains may also require you to post a bond in an amount necessary (as specified an, in its sole discretion, determined by CapitolDomains) to insure that funds from the bond will cover attorneys' fees, costs and expenses, and any damages that may be awarded or otherwise incurred by CapitolDomains or the Registry as a result of such lawsuit. Failure on your part to provide such written assurances or such bond may be considered by CapitolDomains to be a material breach of this Agreement, and, in such event CapitolDomains may, at its sole discretion and without further notice to you, suspend, cancel or transfer your domain names and suspend or terminate your Account. Failure on your part to abide by any provision of this Agreement, any operating rule or policy published by CapitolDomains, any published policy of an applicable Registry, or any of the ICANN Dispute Policy, may be a material breach of this Agreement. Whether or not such a failure constitutes a material breach shall be within the sole discretion of CapitolDomains. With regard to any such breach or suspected breach: (a) CapitolDomains may provide a written notice to you describing the breach. You must, thereafter and within thirty (30) calendar days of service of such notice, provide evidence that (in the discretion of CapitolDomains) satisfactorily demonstrates that you did not breach your obligations. If you fail to meet this requirement, then CapitolDomains (at its discretion) may cancel or suspend the registration or reservation of any domain names at issue, or terminate your Account or use of its services, without further notice to you. (b) It shall not be a defense that CapitolDomains failed to recognize or sought to remedy a breach committed by you, or by another party, at any previous time, nor that it failed to provide notice to you of a suspected breach in a timely fashion. Further, no breach shall be deemed to be waived by the inaction of CapitolDomains unless and until CapitolDomains provides written notice to you acknowledging such waiver. Abuse of Service is any activity that adversely affects the performance of the Internet and services provided or used through the Internet. (a) Abuse of Service includes activity by you that adversely affects: (i) the service that CapitolDomains provides to other persons, including but not limited to customers; (ii) the ability of CapitolDomains to administer its services to the public or administer itself as a company; (iii) the ability of CapitolDomains to comply with the policies and procedures of ICANN or a Registry, or its contractual obligations with ICANN or a Registry, or the laws or regulations of any country, state or other jurisdiction in which CapitolDomains or its customers may reside or do business. (b) Abuse of Service also includes, but is not limited to:
(c) Abuse of Service is a material breach of this Agreement. You will not engage in Abuse of Service, whether intentionally or knowingly, or through reckless, indifferent, or negligent conduct. In the event that CapitolDomains obtains information that it deems to be (in its sole discretion) credible and persuasive indicating that you have engaged in Abuse of Service, then CapitolDomains may, in addition to any other remedies available to it under this Agreement or pursuant to law: (i) appropriate any and all funds you may have placed on deposit with CapitolDomains for Services, and (ii) reassign, cancel or suspend the registration of your domain names. (d) In the event that CapitolDomains implements appropriation of funds or the reassignment, cancellation, or suspension of your domain name under this provision, CapitolDomains 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 CapitolDomains has relied upon. Any appropriated funds or suspended domain names may be returned to you upon your demonstration, within ten (10) calendar days of the notice and to the satisfaction of CapitolDomains, 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. Your conduct in registering, renewing, reserving or using a domain name does not confer immunity from another other person (including CapitolDomains) raising an objection to or taking legal or administrative action against you for such conduct. Your use of CapitolDomains's Accounts and Services is solely at your own risk. CapitolDomains provides its Services on an "as is," and "as available" basis. No warranties for CapitolDomains's Services of any kind exist, whether express or implied, including, but not limited, to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. CapitolDomains can not and does not make any promise as to the results that may be obtained from the use of its Accounts and Services. (a) CapitolDomains may, in its sole discretion, reassign, cancel or suspend the registration of your domain name, cancel or terminate your Account, or terminate your right to use other services, if the Account Information which you provided, or have maintained or updated, contains materially false or misleading information, or conceals or omits any information that is material to CapitolDomains's decision to register, renew, reserve or transfer any domain name. (b) CapitolDomains and the Registries reserve the right to deny, cancel or transfer any domain name registration that they deem necessary, in their discretion, to:
(c) CapitolDomains and the Registries reserve the right to freeze a domain name during the course of and until resolution of a dispute about the proper registration or use of such name. (a) CapitolDomains reserves the right, in its sole discretion, to refuse to register, renew, reserve, or transfer your domain name or to provide any other Services. If CapitolDomains refuses to provide a service that you have requested and paid for, then, within a thirty (30) calendar day period from the date on which such refusal occurs, CapitolDomains will refund any applicable fees you may have paid for such service. (b) During the period between the expiration date of your then-existing domain name registration and before it is deleted or renewed ("the grace period"), CapitolDomains has the right to direct the domain name to any web address, including an address that hosts a parking page, under construction notice, or other temporary page, and this page may include promotions, advertisements, and links to other websites including those for CapitolDomains and product and service offerings, Internet search engines. (c) CapitolDomains may, at its discretion, place its own contact information in the WHOIS database for any expired domain name. Should you fail to renew your domain name during any applicable grace period, whether such failure is intentional or not, CapitolDomains may renew and thereafter transfer such name to itself or to a third party. In the event that any provision of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, such term or provision will thereafter be construed in a manner that is consistent with applicable law as nearly as possible to reflect the original intent of the parties. In addition, the remaining provisions will remain in full force and effect. 19. Non-Agency Between Parties: Nothing contained in this Agreement, the rules and policies published by CapitolDomains or any Registry, or the Dispute Policy established by ICANN, shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of CapitolDomains or the applicable Registry to require your performance of any provision of this Agreement shall not affect the right of CapitolDomains or the Registry to require full performance thereafter; nor shall the waiver by CapitolDomains or the Registry of a breach of any such provision be considered to be a waiver of such provision. Unless specified otherwise in this Agreement, any notice, direction, or other communication required or referenced under this Agreement shall be in writing, and shall be effective upon delivery by email, regular (postal) mail, courier service, or actual hand delivery. The following provisions apply to the sending and receipt of notices: (a) Notice sent to CapitolDomains by email must be sent to sales@CapitolDomains.com. Notice to you shall be sent to one or more of the addresses provided by you in your Account Information, as this information may be updated. (c) Notice sent to CapitolDomains by regular mail shall be sent to: CapitolDomains, LLC., c/o NANCY J. CLIFF, Attorney At Law, 3109 Grand Avenue, PMB 456, Coconut Grove, FL 33133, USA. (d) Communication by email shall be deemed valid and effective for the purposes of this Agreement on the date such communication is transmitted (i.e., sent), provide that such date is a business day and such transmission was made prior to 4:00 p.m., in Miami, Florida, USA; otherwise, it shall be deemed valid and effective as of the next business day. Any communication sent by regular (postal) mail shall be presumed to be valid and effective as of five (5) business days after the date of the mail. Any communication sent by courier or hand delivery shall be deemed valid and effective as of the date of actual delivery, as demonstrated by proof of such delivery. (e) It is your responsibility to insure that communications sent by CapitolDomains or any Registry can be transmitted to and through your internet service, including any Spam Filters, virus, or other filters and software that might prevent or impede communications from reaching you. The terms and provisions in this Agreement, the rules and policies published by CapitolDomains and the Registries as incorporated in this Agreement, and the Dispute Policies established by ICANN, constitute the complete and exclusive agreement between you and CapitolDomains regarding CapitolDomains's Services. This Agreement supersedes all prior agreements and understandings, including prior CapitolDomains Service Agreements, and whether in writing or established by custom, practice, policy, or precedent. This Agreement is interpreted and governed by the laws of the State of Florida, in the United States of America. Any judicial action relating to this Agreement, or to the use of the CapitolDomains.com website, shall be brought exclusively in the state or federal courts of the State of Florida, in the United States. If such dispute is brought in state court, then venue shall be in the Florida state courts located in Dade County. If such dispute is brought in federal court, then venue shall be in the United States District Court for the Southern District of Florida, Miami Division. This provision is subject to any exceptions or contrary provisions set out in the dispute policies of ICANN and the applicable Registry. By using any service provided by CapitolDomains, you (1) represent that you are of legal age in your domicile for the purpose of entering into this Agreement; (2) permit and authorize CapitolDomains to rely upon such representation; and (3) waive any defenses you may have in a dispute under this Agreement that may be based upon your lack of legal age. In the event that you are not of legal age, CapitolDomains may, at its discretion, terminate this Agreement, terminate all services being provided to you by CapitolDomains, and cancel the registration of any domain names registered in you name or registered by you. You Agree to all the terms and conditions of this Agreement. You acknowledge that you have decided upon participating as a customer of CapitolDomains without relying upon any representation, guarantee or statement other than Those set forth in this Agreement. APPENDIX A: ADDITIONAL REQUIREMENTS FOR .BIZ REGISTRANTS If you are registering, reserving, renewing or transferring a .BIZ domain name, you further agree to the following provisions: I. Purpose of .BIZ and Eligibility Requirements: Registrations in the .BIZ top level domain are primarily for bona fide business or commercial uses. The definition of "bona fide business or commercial use" means "the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS": (1) to exchange goods, services, or property of any kind, or to facilitate the exchange of goods, services, information, or property of any kind, (2) in the ordinary course of trade or business.6 Registration of a domain name for the purpose of selling, trading or leasing that domain name for compensation, or offering to sell, trade or lease the domain name for compensation does not constitute a "bona fide business or commercial use" of the domain name.7 II. Certification for Registrants: By registering or accepting the transfer of a .BIZ domain name, you certify that:
Failure to comply with the certification, once made, may result in the failure of the .BIZ Registry to process your domain name application or in the revocation of your domain name if the registration is processed. In addition to ICANN's Uniform Dispute Resolution Policy ("UDRP"), the domain names in NeuLevel's .BIZ Registry are further governed by the Start-Up Trademark Opposition Policy ("STOP"), found at http://www.neulevel.biz/ardp/docs/stop.html, and the Restrictions Dispute Resolution Policy ("RDRP"), at http://www.neulevel.biz/ardp/docs/dispute_policies.html#rdrp. You are responsible for reviewing these policies, and are bound by their terms and conditions. If your registration or use of a .BIZ domain name is challenged by a third party, you are subject to the UDRP, STOP and RDRP as they are in effect at the time of the dispute. Changes to the STOP and RDRP will be posted at the NeuLevel web pages specified above. You are bound by these modifications. APPENDIX B: ADDITIONAL REQUIREMENTS FOR .INFO REGISTRANTS If you are registering, reserving, renewing or transferring a .INFO domain name, you further agree to the following provisions: (a) You consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .INFO Registry, the Affilias Registry, and its designees and agents; (b)You agree to immediately correct and update the registration information of your .INFO domain name immediately upon any change in the accuracy of that information during the registration term for the name. APPENDIX C: ADDITIONAL REQUIREMENTS FOR .NAME REGISTRANTS If you are registering, reserving, renewing or transferring a .NAME domain name, you further agree to the following provisions: I. Purpose of .NAME and Eligibility Requirements: Registrations in the .NAME top level domain are primarily for personal name purposes. As published by The Global Name Registry, Limited (the registry of .NAME), the following limitations exist for registrations that may be made in .NAME: (i) The Personal Name of an Individual. Any person can register his or her own Personal Name. (ii) The Personal Name of a Fictional Character. Any person or entity can register the Personal Name of a fictional character if that person or entity has trademark or service mark rights in that character's Personal Name. (iii) Additional Characters. In registering a Personal Name Registration, registrants may add numeric characters to the beginning or the end of their Personal Name so as to differentiate it from other Personal Names. For example, in the event that John Smith unsuccessfully attempts to register john.smith.name, he may seek to register an alternative, such as john.smith1955.name or john1955.smith.name.8 II. Certification for Registrants: By registering or accepting the transfer of a .NAME domain name, you certify that the registered domain name is a personal name and will be used in a manner consistent with the purposes specified above. Failure to comply with the certification, once made, may result in the failure of the .NAME Registry or CapitolDomains to process your domain name application, in the revocation of the domain name if the registration is processed, or in the transfer of the domain name to another party, all without refund to you for any fees paid by you for the name's registration. In addition to ICANN's Uniform Dispute Resolution Policy ("UDRP"), the domain names in the Global Name Registry's .NAME are further governed by the Eligibility Requirements Dispute Resolution Policy ("ERDRP"). You agree to review the ERDRP below, and to be bound by their terms and conditions. If your registration or use of a .NAME domain name is challenged by a third party, you are subject to the UDRP and ERDRP as they are in effect at the time of the dispute. Changes to the ERDRP will be posted at the Global Name Registry webpage specified above. You are bound by these modifications. The Global Name Registry has no liability whatsoever for loss or liability resulting from (i) the processing of registration requests prior to the launch of SRS (the .NAME registry system), including, without limitation, the inability to register a domain name or email address; or (ii) any dispute concerning a domain name or email address, including a decision of any dispute resolution proceeding. APPENDIX D: ADDITIONAL REQUIREMENTS FOR .US REGISTRANTS If you are registering, reserving, renewing or transferring a .US domain name, you further agree to the following provisions: Nexus is the .US registry, and is operated by NeuStar, Inc. ("NeuStar"). The requirements (as approved by the U.S. Department of Commerce) for registration and use of a .US domain name are that the registrant must be: (a) a natural person who is (i) a United States citizen, (ii) a permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions; or (b) an entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories, or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions; or (c) An entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof, and non?]commercial organizations based in the United States) that has a bona fide presence in the United States of America or any of its possession or territories (where bona fide presence means real and substantial lawful contacts with, or lawful activities in, the United States of America). You are responsible to provide the information necessary during the registration process to satisfy these requirements. II. Certification for Registrants: By registering or accepting the transfer of a .US domain name, you certify that you meet the eligibility requirements above for the registration and use of the domain name; and further certify that the name servers listed by you in your registration application are located within the United States. Failure to comply with the requirements, whether during or after the registration process, may result in: (a) the rejection of your registration application; (b) the placement of your domain name in a suspension or hold status; and (c) deletion of the name without notice to you. Such actions may be taken by either CapitolDomains or NeuStar. As a country code domain, the ICANN Uniform Dispute Resolution Policy does not apply to .US domain registrations. Instead, the following policies apply to controversies and disputes involving .US domain names: (a) the Nexus Dispute Policy, at http://www.nic.us/policies/docs/nexus_dispute_policy.pdf; and (b) the usTLD Dispute Resolution Policy and Rules, at http://www.nic.us/policies/docs/usdrp.pdf. If your registration or use of a .US domain name is challenged by a third party, you are subject to the Nexus Dispute Policy and the usTLD Dispute Resolution Policy and Rules, as they are in effect at the time of the dispute. Changes to these policies will be posted at the web pages specified above. You are bound by these modifications. 1: CapitolDomains collects some of this information pursuant to requirements under its contract with ICANN, which is responsible pursuant to its contracts with the US Department of Commerce, for administration and oversight of the domain name system. It collects other information because it is required under its contracts with domain name registries, including NeuStar (.BIZ and .US), Global Name Registry (.NAME) and Affilias Registry (.INFO). See Appendix. In addition, its collects information that it needs for the processing, maintenance and administration of your Account and the CapitolDomains services you select. 2: You may at any time review your WHOIS information by searching the WHOIS database. For domain names registered in .COM and .NET top level domains, the WHOIS information is available online at the CapitolDomains WHOIS database under AWHOIS Search@ from the CapitolDomains homepage at http://whois.CapitolDomains.com. For domain names registered in other gTLDs and country codes, you may review your WHOIS information by searching the publicly available WHOIS database available on the websites of the Registries (including but not limited to .ORG, .INFO, .BIZ, and .US) and/or contacting the Registries and Country Code Administrators. To review your Account Management Information, you may request a copy of the information CapitolDomains has on file by sending an email request to CapitolDomains at Admin@CapitolDomains.com. 3: WHOIS databases provide information to the public for online searches, and in offline form through bulk access and special port access (e.g., Port 43 access and other ports mandated by ICANN). Under ICANN rules, CapitolDomains must maintain the WHOIS database for our .COM and .NET domain registrations. Please note that for all other top level domains, the Registries manage their own WHOIS databases (generally available on their websites). 4:For registrants who reside in a country whose laws prohibit the publication of some or all of the Contact Information, CapitolDomains will endeavor to avoid or limit the publication of this information in WHOIS databases, provided that the registrant formally requests, in writing that CapitolDomains take such action, and that the registrant formally notify CapitolDomains, in writing, of the country and the law upon which the registrant relies for such request. 5: Examples include any disputes, losses, or damages arising from: (i) this Agreement and any breach of your warranties, representations and obligations under this Agreement; (ii) CapitolDomains's Services and your use of these Services; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data supplied by you to CapitolDomains including, without limitation, any misrepresentation in your application; (v) any information, material, or services available on or through domain names registered on your behalf by CapitolDomains or any websites established or hosted on your behalf by CapitolDomains; (vi) access delays or access interruptions; (vii) the misdelivery or non-delivery or data; (viii) "Acts of God"; (ix) the unauthorized use or misuse of your Account Name or Password; (x) errors, omissions, or misstatements in any information or Services provided under this Agreement; and (xi) the development or interruption of your Web site or email service. 6: As published by NeuLevel.com (the registry of .BIZ) and approved by ICANN. 7: As further examples of improper registration, NeuLevel's ".biz Registration Restrictions" provide: The following does not constitute 'bona fide business or commercial use' purposes of a .BIZ domain name: 1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; 2. Using or intending to use the domain name exclusively for the expression of noncommercial idea (e.g., registering abcsucks.biz exclusively to criticize otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose). For more about the permitted use of .biz domain names, see NeuLevel's application to ICANN at www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm. 8: Global Name Registry further defines "personal name" as: "a person's legal name, or a name by which the person is commonly known. A 'name by which a person is commonly known' includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor." For further information on Eligibility Requirements in .NAME, see http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm. APPENDIX E: DOMAINS IN REDEMPTION GRACE PERIOD If your domain is deleted, the Registry also provides a 30-day Redemption Grace Period during which you may pay CapitolDomains a redemption fee and redeem your domain name. The redemption fee is currently $200 USD. If you do not redeem your domain name prior to the end of the Registry’s Redemption Grace Period the Registry will release it and it will become available for registration. |
c/o NANCY J. CLIFF, Attorney At Law
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