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123 Registration Customer Service Agreement

INTRODUCTION. In this Service Agreement (“Agreement”), “you” and “your” refer to each customer (“Customer”) and “we”, “us” and “our” refer to 123 Registration, Inc. (“123 Registration”). This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services. By selecting 123 Registration 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 your account to purchase or otherwise acquire access to additional 123 Registrations’ service(s) or to modify or cancel your 123 Registration’s service(s) (even if we were not notified of such authorization), this Agreement covers any such service or actions. Any acceptance of your application(s) for our services and the performance of our services will occur at our offices in Sarasota, Florida, the location of our principal place of business.
VARIOUS SERVICES. Paragraphs 1 through 25 are applicable to any and all of the services you have chosen. The terms and conditions set forth in paragraphs A through D at the end of this Agreement apply only to customers who have selected 123 Registration’s services other than our domain name registration services.
FEES, PAYMENT AND TERM OF SERVICE. As consideration for the services you have selected, you agree to pay 123 Registration the applicable service(s) fees set forth on our Web site at the time of your selection. All fees are due immediately and are non-refundable. 123 Registration may take all remedies available to collect fees owed. If you qualify, we may extend payment terms to you under our Business Account Credit Program. Unless otherwise specified, each 123 Registration’s service is for a two-year initial term and renewable thereafter for successive one-year terms. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal and in the case of domain name re-registration, the domain name registry’s acceptance of our domain name registration. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us.
ACCURATE INFORMATION. As further consideration for the 123 Registration service(s), you agree to: (1) provide certain current, complete and accurate information about you as required by the application process; and (2) maintain and update this information as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. Our privacy statement, located on our Web site at http://www.123registration.com/legal/privacy-policy.html and incorporated herein by reference sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us. We will not process the personal date that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement and we will take reasonable precautions to protect your personal date from loss, misuse and unauthorized access, disclosure, alteration or destruction. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party’s personal data has been collected, (ii) the intended recipients or categories of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary: and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information. Even if you intend to license the use of our domain name registration services to a third party, you will remain our customer and you are responsible for complying with all terms and conditions of this Agreement. Subject to the requirements of our privacy statement, in order for us to comply with our legal and contractual obligations, you hereby grant to 123 Registration the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and the secondary nameserver(s) for such name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. We, as are all accredited domain name registrars, are also required the U.S. Government to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations vie e-mail (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on 123 Registration’s Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, 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 United States mail addressed as follows, Attention: Registrar Business Affairs, P. O. Box 2600, Sarasota, Florida 34230-2600. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are non-refundable, but you will not incur and additional fees. By continuing to use 123 Registration’s services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services: or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of 1 2 3 Registration is authorized to alter or amend the terms and conditions of this Agreement.
MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use the Account Number and the Password that you selected if you opened your account with us through our online application process, or the security authentication option that you selected if you opened your account with us through our e-mail application process. Please safeguard your Account Number and Password or security authentication option from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your Account Number or Password or security authentication option.
DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. The current version of the dispute policy may be found at our Web site: http://www.123registration.com/legal/dispute-policy.html. Please take the time to familiarize yourself with that policy.
DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
DOMAIN NAME DISPUTES. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
AGENTS. You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the dispute policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any error made by your agent. We will not refund fees paid by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or if your agent changes or otherwise modifies your domain name record incorrectly.
NOTICES AND ANNOUNCEMENTS. You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters. If you do not wish to receive bulk email solicitation notices or announcements please send us an email at remove@123registration.com.
LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any 1 2 3 Registration’s service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). 1 2 3 Registration 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 1 2 3 Registration’s 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 date 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 Number, Password or security authentication option; (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 relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your inability to use our dot com mail service; (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee; or (10) loss or liability as a result of the application of our dispute policy.
INDEMNITY. You agree to release, indemnify, and hold 1 2 3 Registration, in our capacities as the registry and a registrar, and our contractors, agents employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including without limitation infringement or dilution by you, or someone else using our service(s) provided. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurance may be considered by us to be a material breach of this Agreement.
BREACH. You agree that your failure to abide by any provision of the Agreement, any 1 2 3 Registration operating rule or policy, the dispute policy or your willful provision of inaccurate or unreliable information as part of the application process, or your failure to update your information to keep it current, complete or accurate, or your failure to respond for over fifteen (15) calendar days to inquiries from us concerning the accuracy of the contact details associated with your domain name registration 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 ten (10) 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 and/or terminate the other 1 2 3 Registration service(s) you are using without further notice. We will not refund any fees paid by you if we terminate your Agreement due to your breach. 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.
NO GUARANTY. You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.
REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) the information that you or your agent on your behalf provide to us during the application process to register your domain name or to apply for other 1 2 3 Registration’s 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, (ii) to the best of your knowledge and belief neither the registration of your domain name nor the manner in which you intend to use such domain name will directly or indirectly infringe the legal rights of a third party, (iii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iv) you have selected the necessary security option(s) for your domain name registration record, and (v) you are of legal age to enter into this Agreement. You agree that your use of our service(s) is solely at your own risk. You agree that all of our services are provided on an “as is” and “as available” basis.
DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE: NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT BY MAY BE OBTAINED FROM THE USE OF THE SERVICE(S). YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR DOT COM MAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR DOT COM MAIL SERVICE SHALL CREATE ANY WARANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURIDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANITES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
REVOCATION. You agree that we may terminate your contractual right to use our service(s) if the information that you are obligated to provide to register your domain name or register for other 1 2 3 Registration service(s), or that you subsequently modify, contains false or misleading information, or conceals or omits any information we would likely consider material to our decision to register your domain name or to continue to provide you domain name registration services. Furthermore, you agree that we may suspend, cancel or transfer your domain name registration services in order to: (i) correct mistakes made by us or the registry in registering your chosen domain name, or (ii) to resolve a dispute under our dispute policy. We will not refund any fees paid by you if we terminate your services.
RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register your chosen domain name or register you for other 1 2 3 Registration service(s), or to delete your domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your domain name or register you for other 1 2 3 Registration service(s), or we delete your domain name or other 1 2 3 Registration service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, the deletion your domain name or refusal to register you for other 1 2 3 Registration service(s).
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.
ENTIRETY. You agree that this Agreement, the rules and policies published by us, the dispute policy and the privacy statement are the complete and exclusive agreement between you and us regarding our services. This Agreement, our rules and policies, the dispute policy and the privacy statement supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
TRANSFER AND ASSIGNMENT. You may transfer your domain name registration to a third party of your choice, subject to the procedures and conditions found at: http:/www.123registration.com/Help/TransferPolicy.cfm, incorporated herein by reference. Your rights under this Agreement are not assignable and any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, render this Agreement voidable at our option.
GOVERNING LAW. You agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Florida, United States of America, excluding its conflict of laws, rules. Except for disputes concerning or arising from your use of a domain name registered with us, you and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the Circuit Court, Twelfth Judicial Circuit, Sarasota County, Florida. Only for disputes concerning or arising from your use of a domain name registered with us, you agree to submit to subject matter jurisdiction, personal jurisdiction and venue of the Circuit Court, Twelfth Judicial Circuit, Sarasota County, Florida and the courts of your domicile.
AGREEMENT TO BE BOUND. By applying for 1 2 3 Registration Service(s) through our online application process or by applying for and registering a domain name as part of our e-mail template application process or by using the service(s) provided by 1 2 3 Registration 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 1 2 3 Registration.
ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF .TV DOMAIN NAMES. Your registration of a domain name in the .TV top level domain (“New TLD Domain Name”), is subject to policies established or revised from time to time by such New TLD Domain Name’s respective registry (“New TLD Registry”), in its capacity as the registry for its respective Top Level Domain. Each respective New TLD Registry’s current policies (“New TLD Registry Policies”) are available for you to review at each New TLD’s Registry Policies, including amendments and modifications thereto, with respect to your New TLD Domain Name registration. Such policies shall not alter the terms and conditions of this Service Agreement. To the extent there is a conflict between the New TLD Registry Policies and the terms of this Service Agreement, the terms of this Service Agreement shall prevail. You agree that the New TLD Registry has the right to enforce the New TLD Registry Policies.
SPECIAL NOTICE AND DISCLAIMER FOR MULTILINGUAL DOMAIN NAME REGISTRATIONS. Notwithstanding anything contained herein to the contrary, you acknowledge and agree as follows: A Multilingual Domain Name (“MDN”) and the underlying encoding schemes, protocols and other technologies that enable MDNs to function on the Internet, are currently experimental and have not necessarily been approved Internet standard-setting bodies, including without limitation the Internet Engineering Task Force, the Multilingual Internet Names Consortium, and the Internet Architecture Board. We currently are making MDN registration services available to you as part of our participation in a test bed (“Test Bed”) being conducted by VeriSign Global Registry Service, the central registry of second level domain names in the .com, .net and .org Top Level Domains. The test bed is being conducted for the purpose of testing proposed standards for deployment of MDN technology and to provide operational experience with those proposed standards.
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .BIZ TLD.
1. Additional Representations and Warranties. If you are applying for the registration of a domain name in the .biz top-level domain (“TLD”), you also represent and warrant that: (i) the domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use or (b) solely for the purposes of selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation; and (ii) the domain name is reasonably related to your business or intended commercial purpose at the time of registration.
2. Acknowledgement of Dispute Policies and Rules. The registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (i) The Uniform Domain Name Dispute Policy, available at http://.biz/legal/dispute-policy.html. (ii) The Start-up dispute Resolution Policy (“SUDRP”), available at http://.biz/start-updispute-policy.html. (iii) The Restrictions Dispute Resolution Criteria and Rules, available at .
  
  If at any time of your application for services in the .biz TLD, any of the above policies or rules (collectively “.biz Policies”) have not yet been approved by ICANN (which may mean the .biz Policies are not available for viewing via live hyperlinks above), you agree to be bound by the terms of such .biz Policies upon such approval and in the final form approved by ICANN, as posted on our Web site or the ICANN Web site (located at www.icann.org). You agree that, by maintaining the services provided hereunder (which may include registration of a domain name) after such posing of any of the ICANN approved .biz Policies, you have agreed to the terms and conditions of the same. You acknowledge that if you do not agree to the .biz Policies, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
3. Registry Actions or Inactions. Our ability to provide services to you depends in part upon the provision of services by third parties, such as the .biz registry. We cannot control and will not be responsible for the actions or inactions of such third parties. For example, the .biz registry has reserved the right to deny, cancel or transfer any domain name registration under certain circumstances. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses expenses or costs incurred or suffered by you as result of actions taken or not taken by third parties, including, but not limited to, the .biz registry.
4. Multiple Phases of Services. Your application or registration (whether successful or not) for any . biz TLD services hereunder does not guarantee, and we do not promise, that you will be approved or eligible for any other services available or that may become available through us or any third party. For example, certain services in the .biz TLD are provided in sequential phases and participation in one phase does not automatically qualify you for participation in other phases, and any further participation is not automatic. The .biz registry, and not 123 Registration, Inc. determines the dates and times associated with the various service phases available in the .biz TLD. You agree to review and become familiar with the information available on our Web site and on the .biz Web site concerning the various phases and descriptions of services available in connection with .bi z TLD, and to regularly check for modifications and/or updates to such information, as the same may change from time to time. You agree that you are solely responsible for applying and/or registering for the service phases you desire to participate in. Additionally, you acknowledge and agree that submission of an application for domain name registration or any other services, does not guarantee that you will ultimately be the registrant for a particular domain name, even if you participated in some other service associated with the domain name, such as an intellectual property notification service or similar service.
5. Additional Acknowledgements Concerning Customer Information. You also acknowledge and agree that 123 Registration, Inc. will share with .biz registry certain information submitted by you in your application(s) for our services, as required by our agreement(s) with the .biz registry or to provide the services you have applied for. You acknowledge and agree that any information we share with the .biz registry may be used by them to fulfill the .biz registry’s service obligations to us or any third party. You hereby grant us and the .biz registry a limited, royalty-free, non-exclusive worldwide license to use all of the data contained in a Trademark.
6. Disclaimer Concerning Intellectual Property Notification Service. Your participation in an intellectual property notification service or similar service DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS OR REGISTRATIONS, NOR DOES IT PROVIDE YOU WITH ANY RIGHTS TO ANY PARTICULAR DOMAIN NAME REGISTRATION. THIS IS A NOTIFICATION SERVICE ONLY. EVEN IF YOU PARTICIPATE IN THIS SERVICE, YOU MUST STILL SUBMIT AN APPLICATION FOR DOMAIN NAME REGISTRATION SERVICES TO BE ELIGIBLE TO BECOME THE REGISTRANT FOR THE DESIRED DOMAIN NAME(S).
7. Survival of Terms. In addition to the provisions of the Agreement that by their very nature survive the termination of this Agreement (and without otherwise limiting the survivability of such provisions), you agree that the indemnity provisions set forth in this Agreement shall survive any termination of the Agreement.
8. Terms of Use for IP Claim Service. The following additional terms apply specifically to the Intellectual Property Claim Service (in this Section 27H of the Agreement, the “Service”) made available in the.biz TLD (for purposes of this Section 27H, “Owner” shall mean the owner of a registered or common law trademark or service mark and “Agent” shall mean the duly authorized agent of an Owner (collectively “You”), and “Registrar” shall mean 123 Registration, Inc. )
  1. The Service. Registrar provides the Service to holders of both registered and common law trademarks or service marks (collectively “Trademarks”). During the domain name application process, applicants for a .biz domain name (“Applicants”) will be notified of an Owner’s alleged intellectual property rights in a Trademark if the domain name contained in the domain name application is an exact match of the Trademark identified in an IP Claim (as defined below) submitted by Owner. You may review frequently asked questions regarding the Service by reviewing our FAQ’s.
  2. Registration, Password and Security. To use the Service, You may be asked to first create an account and obtain a login name and password. You must provide Registrar with accurate, complete and current registration information and must update this information promptly if it changes. You represent and warrant that you are at least eighteen (18) years of age or older and are either an Owner or an Agent duly authorized to represent an Owner(s) in connection with the Service and submitting an IP Claim on behalf of an Owner(s). Agent will indemnify and hold harmless Registrar and its officers, directors, employees, agents, affiliates and subcontractors for any claims brought by Owner or Third Parties relating to the use of the Service. You are solely responsible for maintaining the confidentiality of Your login name and password. You must immediately notify Registrar of any unauthorized use of Your login name and You are responsible for any unauthorized activities, charges and/or liabilities made on or through Your login name until we receive such notification. You may not transfer or lend login names to any other third parties.
  3. License to Use Data/Privacy. By submitting an IP Claim, You hereby grant Registrar, as well an any of its agents or subcontractors, and the .biz registry, a limited, royalty-free, non-exclusive worldwide license to use all of the data contained in the IP Claim solely for the purposes of implementing the Service, processing Your IP Claim, notifying Applicants of Your IP Claim, and for notifying You of Changes to the Service, and for archival purposes.
  4. The IP Claim Process. In order to submit a claim with respect to a Trademark or Trademarks (“IP Claim”) through the Service, You must complete an IP Claim form for each Trademark. For each IP Claim, You must submit complete contact information, representative contact information and notification details, and the details regarding the Trademark. You may specify in the representative field that an Agent may receive legal correspondence regarding the IP Claim. Once You have submitted an IP Claim, you will receive a confirmation email and a claim number. You must retain the claim number for each IP Claim You submit. Registrar will accept IP Claims until July 9, 2001, or such later date as it may determine in its sole discretion (“Close of Phase I”) and no IP Claims will be accepted after that date. From the Close of Phase I until September 25, 2001 (“Phase II”), or such other later date as Registrar may choose, in its sole discretion, the domain name application for ICANN approved registrars (“Applications”) will be compared with the database of IP Claims processed through the Service (“IP Claim Database”). For each exact match between an IP Claim in the IP Claim Database and a domain name application, the Registry Operator for.BIZ (“Registry Operator”) will notify the Applicant that a third party or third parties have submitted an IP Claim for the exact Trademark. The email notification to the Applicant will include, among other things, the information provided by Owner in the IP Claim, instructions on how to proceed with the registration process, and that if selected during the randomized name selection phase (“Name Selection Phase”), the domain name will be placed on a temporary thirty (30) day hold when the Registry goes “live.” The Applicant will have the option to proceed with the Application or cancel the Application. If the Applicant does not respond to the email notification, or elects to cancel the Application, the Applicant’s domain name application will not be processed during the Name Selection Phase. If the Applicant chooses to proceed with the registration process and the name is selected during the Name Selection Phase, that domain name automatically will be placed on a thirty (30) day “hold period” when the name is registered. After Name Selection, the Owner will be notified by Registry Operator if an Applicant has successfully registered the domain name. The Owner will then have the option of contacting the Applicant and finding a solution or using the guidelines set forth by a special dispute resolution process called the Start-up Trademark Opposition Policy (“Stop”) (formerly referred to as the Start-up Dispute Resolution Policy or “SUDRP”) (information available at [LINK], or the Uniform Domain-Name Dispute Resolution Procedures (“UDRP”) (information is available at http;//www.icann.org/udrp/udrp-policy-24oct99.htm). You will not be notified if there are no Applications that exactly match an IP Claim You submitted in the IP Claim Database.
    
    USE OF THE SERVICE DOES NOT GUARANTEE THAT AN OWNER WILL BE AWARDED THE .BIZ EXTENSION FOR ITS TRADEMARK. AN OWNERE THAT WISHES TO OBTAIN A .BIZ EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN NAME APPLICATION. DOMAIN NAME APPLICANTS WILL ONLY BE NOTIFIED OF APPLICATIONS THAT ARE EXACT MATCHES WITH A TRADEMARK IDENTIFIED IN AN IP CLAIM FORM. REGISTRAR WILL NOT VERIFY WHETHER A TRADEMARK CLAIMED ON AN IP CLAIM FORM CORRESPONDS WITH AN ACTUAL, LEGAL OR VALID TRADEMARK, NOR WILL REGISTRAR PROVIDE ANY LEGAL OVERSIGHT OR ADJUDICATION FOR ANY DISPUTED INTELLECTUAL PROPERTY IMPLICATED BY THE SERVICE.
  5. Conduct. You may access and use the Service for lawful purposes only and you are solely responsible for the knowledge and adherence to any and all laws, statutes, rules and regulations pertaining to Your use of the Service. You agree that You will not (i) use the Service to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal or international law or regulation; (ii) upload or otherwise transmit any content that You do not have a right to transmit under any law or contractual or fiduciary duty; (iii) interfere or infringe with any trademark or proprietary rights of any other party; (iv) interfere with the ability of other users to access or use the Service; (v) claim a relationship with or to speak for any individual, business, association, institution or other organization for which You are not authorized to claim such a relationship; (vi) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or (vii)reproduce, duplicate, copy, use distribute, sell, resell or otherwise exploit for any commercial purposes any portion of the Service.
  6. Fees. As consideration for the Service, You agree to pay Registrar, or its agents or subcontractors, as the case may be, an IP Claim fee for each IP Claim submitted through the Service by credit card through its online payment system. Such fee shall be due immediately and is non-refundable. Registrar, or its agents or subcontractors, may take all remedies to collect fees owed. Registrar, or its agents or subcontractors may require you to submit and pay for each IP Claim individually or it may allow you to store up a certain number of IP Claims before submitting them for processing. Once you have stored that number of IP Claims, you may not be able to store any additional IP Claims and may need to submit them for processing and pay the applicable fee before obtaining additional storage space. No refunds are permitted.
  7. Agents. You agree that, if Your agent (e.g., an attorney, employee, etc.) submits an IP Claim on Your behalf , You are nonetheless bound as a principal by all Terms of Use herein. Your continued use of the Services shall ratify any unauthorized actions of Your agent. By acting on Your behalf, Your agent certifies that he or she is authorized to use the Service on Your behalf, Your agent certifies that he or she is authorized to use the Service on Your behalf, that he or she is authorized to bind You to these Terms of Use and that he or she has apprised You of these Terms of Use of this Agreement. In addition, You are responsible for any error made by Your agent. Registrar will not refund fees paid by You or Your agent on Your behalf for any reason, including, but not limited to, in the event that Your agent fails to comply with these Terms of Use, Your agent incorrectly provides information in the IP Claim process or if Your agent changes or otherwise modifies Your IP Claim incorrectly.
  8. Copyright. You acknowledge that the Service, any underlying technology used in connection with the Service, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively the “Content”) available within the Service are provided by Registrar or third-party providers and are the copyrighted works of Registrar and/or such third parties. Except as expressly authorized by Registrar or such third parties in these Terms of Use or as may be posted on the Service, You may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Service, in whole or in part. You may not store any significant portion of any Content or the Service owned by, or licensed to Registrar in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any content of the Service on any other server. Registrar encourages you to download and print a reasonable number of copies of an IP Claim for noncommercial, internal use only; provided that (i) any permitted copies contain, in unmodified form, any copyright or other proprietary rights, notices and an original source attribution to the Service; and (ii) no modifications are made except as may be expressly provided by Registrar.
  9. Links. Some links on the Service lead to sites posted by independent site owners. Because Registrar has no control over these sites, it cannot be responsible for such sites’ accessibility via the Internet and does not endorse products, services, or information provided by such sites. As such, Registrar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods or services available on or through any other site. Further, the inclusion of these links does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Registrar and the linked sites.
  10. Disclaimer of Warranty, Limitation of Liability. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER REGISTRAR NOR ITS PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS WRRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVCE. THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL REGISTRAR NOR ITS PARENTS, SUBSIDIEARIES, SHAREHOLDERS, MEMBERS, OFFICER, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING WIHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCYTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK. IN NO EVENT, SHALL REGISTRAR BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING YTHE AMOUNT OF FEES PAID BY YOU FOR THE APPPLICABLE IP CLAIM.
  11. Indemnification. You agree to indemnify and hold harmless Registrar and its parents, subsidiaries, shareholders, members, officers, directors, employees, affiliates, agents and subcontractors from any claim or demand, including reasonable attorney’s fees made by a third party due to or arising out of Your use of the Service, your breach of these Terms of Use, any Content submitted to the Service, or any disputes involving the intellectual property rights of the Trademarks.
  12. Modifications to the Service. Registrar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Services.
  13. Termination. You may discontinue Your participation in and access to the Service at any time. These Terms of Use will continue to apply to all past use of the Service by You, even if You are no longer using the Service. You acknowledge and agree that Registrar may terminate or block Your use of all or part of the Service without prior notice for any reason, including, without limitation, if Registrar believes You have engaged in conduct prohibited by these Terms of Use. You
    agree that upon termination or discontinuance for any reason, may delete all information related to You on the Service and may bar Your access to and use of the Service.
  14. Third Party Beneficiary. Registry Operator (“NeuLevel”) is an intended third party beneficiary of these Term and Conditions with rights to enforce these Terms of Use. You will cooperate in good faith with NeuLevel or Registrar in investigating an instance of non-compliance with these Terms of Use, if NeuLevel or Registrar believe in good faith that you are not in compliance with these terms of use.
  15. Subcontractors. In the course of providing the IP Claim Service, Registrar may retain independent contractors or assign or subcontract to or otherwise have any third party perform any or all of the IP Claim Service at any time, provided that Registrar shall continue to remain responsible for full performance of any such duties to the same extent as if it had performed the IP Claim Service itself.
  16. You agree that Registrar and Registry Operator are not responsible for checking, verifying or editing message content or completeness, or for detecting errors or anomalies, or for recreating or re-transmitting data.
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .INFO TLD.
1. Additional Provisions. You acknowledge and agree to the following: (i) you acknowledge and agree that Network Solutions will share with the .info registry certain information submitted by you in your applications(s) for our services, and you consent to the use, copying, distribution, publication, modification and other processing of your personal date by the .info registry and its designees and agents in connection with the .info registry’s service obligations to us or third parties, or as otherwise deemed necessary by the .info registry; (ii) you agree to submit to proceedings commenced under the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Sunrise Dispute Resolution Policy (“SDRP”) (available at , as these may be modified from time to time; (iii) you agree to immediately correct and update the registration information for any domain name registered hereunder during the registration term for such registered domain name; and (iv) you acknowledge that the .info registry will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation; (a) the ability or inability of a registrant to obtain a registered domain name during these periods, and (b) the results of any dispute over a “Sunrise Registration.”
  
  If at the time of your application for services in the .info TLD, the SDRP has not yet been approved by ICANN (which may mean the SDRP is not available for viewing via live hyperlink above), you agree to be bound by the terms of the SDRP upon such approval and in the final form approved by ICANN, as posted on our Web site or the ICANN Web site (located at www.icann.org). You agree that, by maintaining the services provided hereunder after such posting of any of the ICANN approved SDRP, you have agreed to the terms and conditions of the same. You acknowledge that if you do not agree to the SDRP, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
2. Registry Actions or Inactions. Our ability to provide services to you depends in part upon the provision of services by third parties, such as the .info registry. We cannot control and will not be responsible for the actions or inactions of such third parties. For example, the .info registry has reserved the right to refuse or cancel any Sunrise Registration at any time and to request additional information relating to a Sunrise Registration. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including but limited to the .info registry.
3. No Guarantee on Registration. The .info registry, and not 12 Registration, Inc., determines the dates and times associated with the various service periods available in the .info TLD. You agree to review and become familiar with the information available on our Web site and on the .info Web site concerning the various periods and descriptions of services available in connection with .info TLD, and to regularly check for modifications an/or updates to such information, as the same may change from time to time. You agree that you are solely responsible for applying and/or registering for the service periods you desire to participate in. You acknowledge and agree that submission of an application for domain name registration or any other service (regardless of when submitted), does not guarantee that you will ultimately be the registrant for a particular domain name.
4. Disclaimer Concerning Intellectual Property Protection. Your application for a Sunrise Registration DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY PROCTECTIONS OR REGISTRATIONS.

.PRO Registry Agreement

Overview. The following types of registrations within the .pro top-level domain (TLD) are available to qualified persons and entities: Registered Names (i.e. domain names), Premium Intellectual Property Defensive Registrations (ProBlock), Basic Intellectual Property Defensive Registrations(ProGuard), and Standard Defensive Registrations (ProReserve).

Registered Names are restricted to persons and entities that are credentialed by appropriate entities (such as through governmental bodies and professional organizations) to provide professional services within a stated geographic region (a "Licensing Jurisdiction"). Intellectual Property Defensive Registrations, are restricted to trademark or service mark holders with valid and enforceable trademark or service mark registrations of national effect that are issued prior to September 30, 2002. Standard Defensive Registrations are restricted to persons and entities that are credentialed by appropriate entities to provide professional services.

Registrants of Registered Names and Defensive Registrations in the .pro TLD will be required to certify that they meet all qualifications and requirements. Eligibility of registration of Registered Names will be verified and periodically re-verified at least annually.
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to your registration of a .pro domain name or defensive registration. You understand and agree that this contact information will be provided as part of the Whois record for your .pro domain name or Defensive Registration. You further understand that the Registry Operator may share the foregoing registration data with third parties that act as subcontractors to it for the purpose of this Agreement, and you agree that your personal data may be shared with the Registry Operator's subcontractors. You agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory for .pro as required by ICANN and may be sold in bulk in accordance with ICANN policy.
You represent and warrant that the data provided in your .pro domain name or Defensive Registration application is true, correct, up to date, and complete; you will at all times during the term of your registration keep the information provided above up to date;

You represent and warrant that your .pro domain name registration satisfies the digital security requirements for obtaining a .pro domain name registration;
You agree not to make any representation to any person or entity that expressly or impliedly conveys that your registration of a .pro domain name in any way signifies or indicates that you possess any general or specific professional qualifications, including, but not limited to, professional qualifications in a particular field;
You certify that you have the authority to enter into the registration agreement;
In the case of a Sunrise and/or Intellectual Property Defensive Registration you certify that your registration meets the following requirements:

you own a current (non-expired) trademark or service mark registration
having national effect (including, for example, European Community Trademarks (CTMs), but excluding United States state registrations)
that issued prior to (i) September 30, 2002; and
the registration (specifically, the third-level label) is identical to the textual or word elements of the trademark or service mark.

In determining whether the domain name is identical to the textual or word elements of the trademark or service mark (item (d) immediately above), only ASCII characters in the trademark or service mark will be considered. Where there is a space between the textual elements of a mark, the registrant may elect at his, her, or its discretion to use a hyphen or combine the elements together. For example, the mark "SERVICE MARK" could be registered as servicemark.law.pro or service-mark.law.pro. Trademark or service mark registrations from the supplemental or equivalent registry of any country, or from individual states or provinces of a nation, will not be accepted.
You agree to the use, copying, distribution, publication, modification and other processing of your data by the Registry Operator and its designees and agents in a manner consistent with the purposes of issuing a .pro domain name, defensive registration or digital certificate and publishing any and all required information in the WHOIS or other relevant databases.
You acknowledge that Registry Operator, RegistryPro, Inc., and 123 Registration, INc. dba 123registration.com will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period including, without limitation: (i) the ability or inability of any registrant to obtain a .pro defensive registration or domain name during these periods, and (ii) the results of any dispute over a Sunrise/IP Defensive Registration.
The Registered Name Holder acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement
1. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/ policy.htm
2. For IP Defensive Registrations/ Sunrise Registrations, The Policy and Rules for Intellectual Property Defensive Registration Challenges for .PRO, available online at
3. ) The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm
4. The .pro TLD restriction requirements, available at http://www.registrypro.com/policies/eligibility.php
DISPUTE POLICY MODIFICATIONS
You agree that Registry Operator may modify any applicable dispute policies. Registry Operator will post any such revised policy on its Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining a domain name or Defensive Registration after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your domain name or Defensive Registration is challenged by a third party, you will be subject to the provisions specified in the relevant dispute policy in effect at the time of the dispute. You agree that in the event a dispute arises with any third party, you will indemnify and hold Alldomains.com harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name or Defensive Registration, you agree not to make any changes to your registration record without our prior approval. We may not allow you to make changes to such registration record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.

CONSENT
Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. n such a circumstance, you will have 10 days to respond to a request for consent.
The Registered Name Holder represents and warrants that, at all times during the term of domain name registration, he, she, or it meets the .pro registration requirements set forth by Registry Operator for the registration of the Registered Name Holder's registration. The Registered Name Holder is required to provide prompt notice to Registrar if it fails to meet such registration requirements. Registrar and/or Registry Operator shall have the right to immediately and without notice to Registered Name Holder, suspend, cancel or modify a Registered Name Holder's registration if, at any time, the Registered Name Holder fails to meet the registration requirements for such domain name.
Violations of the .pro TLD restrictions may be enforced directly by or through Registry Operator.
You agree to indemnify, defend and hold harmless RegistryPro and its subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, sub-contractors, predecessors, successors and assigns, and 123Registration, Inc. dba 123registration.com from and against any and all losses, costs, expenses (including reasonably attorneys' fees), causes of action or other liabilities of any kind, whether known or unknown, arising out of, relating to, or otherwise in connection with any RegistryPro services provided pursuant to your .pro registration, including but not limited to .pro eligibility verification services and the digital certificate services. This obligation shall survive the termination or expiration of this Terms and Conditions Agreement
You agree to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by RegistryPro and its designees and agents in a manner consistent with the purposes of issuing a .pro domain name.
You represent and warrant that your registration meets the applicable .pro registration requirements within agree that, during the term of your registration, you will continue to meet such requirements and that you will promptly notify Alldomains if you no longer meet such requirements.
You acknowledge that RegistryPro is a third party beneficiary of the Registration Agreement with the right to enforce those provisions of the Registration Agreement that affect it.
You acknowledges that we shall be solely responsible for providing you with services with respect to (a) your application for a .pro name and (b) in the event such application is accepted, for all ongoing services with respect to its issued such .pro domain name. You further acknowledge that the Registry Operator, RegistryPro, Inc. shall have no obligation to provide such services to you. You agree that you have no contractual relationship whatsoever with RegistryPro and that you are not a third party beneficiary of any agreement between RegistryPro and Alldomains. You further agree that RegistryPro will have no legal, equitable or other liability of any kind to Applicant.
You further acknowledge that if, pursuant to the performance of the initial verification services or annual reverification services required for the issuance of a .pro domain name, we determine that you do not meet or does not continue to meet the applicable .pro registration requirements, we shall be entitled to retain a processing fee of $100 in connection with the performance of the initial verification services and $250

123 Registration, Inc. Service Agreement Version 2.0

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