Domain Name Registration Agreement

DOMAIN NAME REGISTRATION AGREEMENT

This agreement applies to the following domain extensions:

  • .com
  • .mobi
  • .net
  • .org
  • .us
  • .biz
  • .info
  • .ws

.co, .tel and other name extensions may be subject to Network Solutions registration terms.

  1. AGREEMENT.

    In this Domain Name Registration Agreement, ("Agreement"), "you" and "your" refer to the customer ("Customer") and "we," "us" and "our" refer to Management Specialties Web Services, LLC ("Management Specialties Web Services") and "Services" refers to the domain name registration services provided by us as offered through pairNIC. This Agreement explains our obligations to you and your obligations to us in connection with your use of our services. This Agreement sets forth the terms and conditions relating to the registration, renewal, reinstatement, and transfer of a domain name. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement.

  2. SELECTION, AVAILABILITY AND USE OF A DOMAIN NAME.

    a. Selection. We make no representations as to whether or not a particular domain name infringes upon any trademark or intellectual property rights. You may want to seek legal advice.

    b. Availability. We make no representations regarding the availability of a domain name, nor does pairNIC enjoy registry access superior to that of any other accredited registrar. After you have decided on the domain name you want to register, you must check if the domain name is available or if it has been registered by another user.

    c. Use. You represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. You further represent that to the best of your knowledge and belief the domain name is not being registered nor will be used for any unlawful purpose. Management Specialties Web Services reserves the right to suspend or cancel your domain name if you use the domain name for any unlawful purpose or in violation of any applicable usage policies.

  3. TERM OF AGREEMENT.

    This Agreement shall remain in full force during the length of the term you have selected, recorded and paid for upon registration of your domain name. If you choose to renew your domain name registration, the terms of this Agreement shall be extended. If you cancel or transfer your domain name to another registrar, the terms and conditions of this contract will cease.

  4. FEES AND PAYMENT.

    a. Fees Are Nonrefundable. All fees are nonrefundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of the registration term. Payment for registration must be paid with a credit card at the time of registration. We currently accept MasterCard, Visa, Discover, and American Express for payment. Current fees are determined by the length of registration. You are required to pay any applicable fees for each top-level domain name you order as each top-level domain name is considered a separate domain name.

    b. Automatic Renewal. When available, the service is for the initial period of time you select in the registration process and is renewable thereafter for successive terms, as set forth in the renewal process. We will provide you notice prior to the renewal of your services at least fifteen (15) days prior to the renewal date. Renewal of services will be subject to our then current terms and payment of all applicable fees We are authorized, but not required to automatically charge your credit card and renew your services on or before their renewal date using the credit card information you have provided, unless you have notified us (as provided herein) that you do not wish to participate in our automatic renewal process. You may "opt out" of our automatic renewal process in accordance with the instructions on our web site. You are responsible for keeping your credit card information current and are solely responsible for the credit card information you provide to us. If the credit card information of record is no longer accurate, you will be responsible for payment of any required fees. If you fail to pay the required fees, your registration will automatically expire. You are solely responsible for ensuring the services are renewed. Management Specialties Web Services shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services.

    c. Opt Out Procedure. You may elect to "opt out" of our automatic renewal. Should you elect to opt out of the automatic renewal procedure, you will be responsible for payment of any required fees. If you fail to pay the required fees, your registration will automatically expire and renewal of our services will be subject to our then current terms and payment of all applicable fees.

    d. Charge-Back. In the event of a charge back, credit card fraud or other nonpayment in connection with any required fees, including but not limited to the registration, renewal or transfer fee, you will lose all rights in the selected domain name and you agree Management Specialties Web Services will be deemed the entity that paid the applicable fee. You further agree to the transfer of the domain name registration and all associated rights to pair Networks, Inc., including without limitation, the right to sell the name to a third party. We may, at our sole discretion, reinstate your registration upon receipt of all applicable service fees in addition to a reinstatement fee of $50.

    e. Paid Status. Initial domain name registrations, and domain name registrations that have passed anniversary date, must be in a paid status to transfer, delete, modify, or otherwise request us to affect the domain name record or to provide domain name services. Domain name registrations in an unpaid status may be deleted without notice to you.

  5. REGISTRATION INFORMATION.

    In order to provide you with domain name registration and other related services, you must provide us with certain information about you and your domain name registration. You agree to provide the following information and to promptly correct and update the information during the term of this Agreement:

    1. The domain name you are registering;

    2. The names of the primary and secondary name servers for the domain name;

    3. The full name, postal address, telephone number, fax number (where available), and e-mail address for the (i) domain name owner, (ii) name of an authorized person for contact purposes in case the domain name owner is an organization, association or corporation, (iii) administrative contact for the domain name, and (iv) technical contact for the domain name.

    Your willful or grossly negligent provision of inaccurate or unreliable information, your willful or grossly negligent failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the domain name you are registering shall constitute a material breach of this Agreement and be a basis for cancellation of this Agreement.

    If you license the use of the domain name you are registering, you are nonetheless the domain name owner of record and are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name you are registering. If you are licensing the domain name you are registering, you accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to a party providing you reasonable evidence of actionable harm.

    Should you register a domain name and check "I don't have my name server information" or chose to use one of our enhanced services that updates your domain name's nameservers to ns##.pairnic.com, your domain name will be automatically redirected at no additional fee to comingsoon.pairnic.com, until such time as you direct your domain name to another server. The comingsoon.pairnic.com web site may contain notices, information, and/or advertisements, including "click-through advertisements" regarding which pairNIC may receive compensation from others. By electing "I don't have my name server information" or choosing one of our enhanced services that update your domain name's nameservers to ns##.pairnic.com you waive any claim to share in such compensation.

    4. You are required to update all registration information within seven (7) days.

    5. In the event we have any reason to believe registration information you have provided is incomplete, inaccurate, obsolete, misleading, unreliable, fraudulent, unauthorized or otherwise not consistent with ICANN's "Whois Accuracy Program Specification" we will seek confirmation or clarification from you. Failure on your part to respond to our inquiries fully and in good faith will constitute a material breach of this Agreement and the domain(s) registered through us will be suspended, pending further investigation and will be terminated at our discretion or as required by ICANN.

    6. You agree to indemnify, defend and hold us and ICANN harmless from any claims, suits, expenses, and/or losses incurred by virtue of your failure to comply with these identification, accuracy and verification procedures. In the event your domain(s) is suspended or terminated any prepaid value shall be applied to the administrative time and expense we incur in attempting to secure your compliance. Any balance owed shall be considered an additional fee and charged to your credit card or invoiced to you for payment.

  6. PROCESSING OF INFORMATION.

    The purpose of us collecting any personal data or information from you is to permit us to fulfill our obligations under this Agreement and to comply with the current policies for the domain name system. We agree that we will not process personal data collected from you in a way incompatible with the purposes and other limitations about which we have provided notice to you. We agree to take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

    We are required to provide the information referenced in Section 5 of this Agreement to the Internet Corporation for Assigned Names and Numbers ("ICANN"), including the registry operator for the domain name you are registering. ICANN also requires us to make available through an interactive publicly available database the following information we collect from you: (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) fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the corresponding names of those name servers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. You should be aware that under ICANN policy, this information may be made available to third parties who agree not to use it to allow or otherwise support the transmission of unsolicited e-mail (spam) or other high volume automated electronic processes. Credit card information will be disclosed to parties involved in the processing of credit card transactions. Information may also be disclosed to other entities in our sole discretion. You hereby consent to the use, copying, distribution, publication, modification, and other processing of your personal information by us, the registry operator, ICANN, and our designees and agents or the designees and agents of the registry operator and ICANN. You hereby waive any and all causes of action arising from such processing.

    If you are providing us personal information of any third party, you hereby represent that you have provided notice equivalent to that provided in the preceding paragraph to such third party.

  7. ACCOUNT ACCESS.

    Management Specialties Web Services, LLC will manage and have sole access to your account for security purposes. In no event will we be liable for the unauthorized use or misuse of your account name or password or any other security authentication method you may employ.

  8. AGENTS.

    You agree the administrative contact named by you during registration is your agent with full authority to act on your behalf with respect to any services provided to you, including but not limited to, the authority to terminate, transfer, modify, renew or purchase any additional services. When your agent acts on your behalf, you are bound as a principal by all terms and conditions of this Agreement. Your continued use of our services constitutes your acceptance of any unauthorized actions of your agent.

  9. RIGHT OF REFUSAL.

    We reserve the right to refuse to register or renew your chosen domain name. If we should exercise this right, we will refund your applicable fees and you agree that we are not liable to you for any loss or damages resulting from our refusal to register your domain name.

  10. NOTICES AND ANNOUNCEMENTS.

    From time to time, we will notify you of any information that we deem to be of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products or services and other relevant matters. All notices must be sent either in writing or by e-mail (but only to the extent expressly provided herein). All written notices to us shall be delivered to pairNIC, Management Specialties Web Services, LLC, PO Box 152962, Cape Coral, FL 33915. All notices and announcements to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement). Either of us may change our respective address by written notice delivered to the other party. All notices delivered in writing hereunder must be sent by either overnight courier or certified mail, return receipt requested.

  11. TRANSFERS.

    a. Governing Policy. Through your reservation, registration or transfer of a domain name to us, you agree to be bound by our current Inter-Registrar Transfer Policy ("Transfer Policy"), as amended from time to time, which is incorporated herein and made a part of this Agreement by reference. The most current version of this Policy may be found at the ICANN web site, http://icann.org/transfers.

    b. Registrar Transfer Dispute Policy. Through your reservation, registration or transfer of a domain name to us, you agree to be bound by our current Transfer Dispute Resolution Policy ("Transfer Dispute Resolution Policy"), as amended from time to time, which is incorporated herein and made a part of this Agreement by reference. The most current version of this Policy may be found at the ICANN web site, http://icann.org/transfers. Any dispute regarding your right to use your domain name is subject to this Transfer Dispute Resolution Policy. Should any dispute arise with a third party regarding your right to use your domain name, you agree to indemnify, defend and hold us harmless. Should you ask us to invoke the Transfer Dispute Resolution Policy on your behalf, you further agree to be responsible for all costs associated therewith, including but not limited to counsel fees, filing fees, and penalties (to the extent permitted under the Transfer Dispute Policy).

    c. Permitted Transfers. You may transfer your domain name registration to another domain name registrar at any time after sixty (60) days from the effective date of the initial registration of your domain name with us. You acknowledge we may refuse your transfer request in certain instances as set forth in the Transfer Policy. You may transfer your domain name to a third party of your choice, provided that the third party agrees to the terms of this Agreement.

    d. Transfer Lock Status. In order to prevent improper transfers, all domain names that are registered with pairNIC as of or after November 11, 2004, will be placed into Transfer Lock status, which will prevent the transfer of a domain from pairNIC in the absence of an affirmative action by you. In the event that you would want to transfer a domain name to a registrar other than pairNIC, prior to initiating a transfer request, the lock status of the domain name would need to be changed though the Domain Name Management System. You or anyone else who may access to your account through the Domain Name Management System would be able to remove the lock status of this domain name.

    e. Modifications to Transfer Policies. You agree the Transfer Policy and Transfer Dispute Policy may be modified by us at any time. Your continued registration and use of your domain name shall constitute your acceptance of any such modifications. If you do not agree with the modifications, you may choose to cancel or transfer your domain name to a different domain name registrar. If you choose to cancel or transfer your domain name, you agree that such cancellation or request for transfer will be your exclusive remedy and no fees will be refunded.

    f. Submission to Jurisdiction. You agree that for the adjudication of disputes concerning or arising from the use of the domain name, you submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) the courts in Allegheny County, Pennsylvania, the location of Management Specialties Web Services.

  12. DOMAIN NAME DISPUTES

    a. Dispute Policy. Through your reservation, registration or transfer of a domain name to us, you agree to be bound by our current Domain Name Dispute Policy ("Dispute Policy"), as amended from time to time, which is incorporated herein and made a part of this Agreement by reference. Any dispute regarding your right to use your domain name is subject to this Dispute Policy. Should any dispute arise with a third party regarding your right to use your domain name, you agree to indemnify, defend and hold us harmless. The most current version of this Policy may be found at the ICANN Web site https://www.icann.org/udrp/udrp.htm. Complaints under the policy may be submitted to any approved dispute-resolution service providers listed at https://www.icann.org/udrp/approved-providers.htm.

    b. Modifications to the Dispute Policy. You agree the Dispute Policy may be modified by us at any time. Your continued registration and use of your domain name shall constitute your acceptance of any such modifications. If you do not agree with the modifications, you may choose to cancel or transfer your domain name to a different domain name registrar. If you choose to cancel or transfer your domain name, you agree that such cancellation or request for transfer will be your exclusive remedy and no fees will be refunded.

    c. Submission to Jurisdiction. You agree that for the adjudication of disputes concerning or arising from the use of the domain name, you submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) the courts in Allegheny County, Pennsylvania, the location of pair Networks.

  13. ENHANCED SERVICES.

    In connection with registration of a domain name, we may provide certain enhanced services. These services currently provided are set forth below (collectively "enhanced services") and may be changed or discontinued at any time, and while no additional fee is currently associated with the provision of these services, we reserve the right to charge for their provision in the future. In addition to the other terms of this Agreement, the following terms apply to the provision of enhanced services.

    a. Description of Enhanced Services

    (i) Custom DNS. This service permits the mapping of 'Host Names' to IP addresses (A records); the setting of 'Mail Exchanger' (MX) records for e-mail routing; choosing the Time To Live (TTL) option for the zone file; and permits 'Canonical Pointers' to alias one host name to another.

    (ii) Web site Forwarding. This service permits a domain name to be forwarded to a particular directory in another domain name, i.e., www.example.com could be forwarded to www.example.com/example.html

    (iii) E-Mail Forwarding. This service permits e-mail sent to a domain name to be forwarded to a specific e-mail address, i.e., name@example.com could be forwarded to user@yourdomain.com.

    (iv) Domain Name Locking. This service permits you to "lock" a domain name. This means that information associated with the domain name will not be able to be changed without "unlocking" the domain name. To "unlock" your domain name, you must make the request in the Domain Name Management System and then follow the instructions in the e-mail that we will send you. There will be a minimum of a ten (10) business day waiting period from the time you follow these instructions until your domain name will be "unlocked".

    (v) Whois Privacy. In order to reduce the ability of others to abuse the contact information in your WHOIS listing, pairNIC offers, at no additional fee, its optional Whois Privacy feature. If elected by you, this service will allow us to shield your contact information in WHOIS listings. This will help to prevent or limit junk postal mail, junk e-mail, and junk faxes/ phone calls.

    If you elect to enable this feature on your domain name(s), your registrant name will continue to be listed, but we will take the following action:

    -- By activating the Whois Privacy feature for telephone/fax numbers, when someone calls the telephone number that we will list for you, in the WHOIS information, they will be told by a recorded message to send an e-mail to the address listed in the WHOIS information. No fax number will be displayed in the WHOIS information, when the Whois Privacy feature for telephone/fax numbers is activated.

    -- By activating the Whois Privacy feature for postal mail, when someone sends postal mail it will be sent to the PO Box we have setup and listed. You give us permission to shred and discard your postal mail -- no postal mail will be kept or forwarded to you.

    -- By activating the Whois Privacy feature for e-mail, the e-mail addresses listed in your WHOIS information will automatically forward e-mail to the the e-mail addresses that you have designated.

    You can enable or disable the Whois Privacy feature, for postal mail, your phone/fax numbers, or e-mail, at any time through the pairNIC Domain Name Management system.

    (vi) Dynamic DNS. Dynamic DNS is a method/protocol/networks service that provides the capability for a networked device to notify a DNS name server to change, in near-real-time, the active DNS configuration of its configured hostnames, address, or other information.

    b. Specific Representations

    (i) Custom DNS. You represent and warrant that you have authorization from the owner of the device(s) identified by the specified IP address, net block, or host name to use the device(s) in the manner used by this service.

    (ii) Web site Forwarding. You represent and warrant that you have the necessary rights to use the Web site forwarding service to forward, point, alias or resolve your domain name(s) to the other domain name designated by you.

    (iii) E-Mail Forwarding. You represent and warrant that you have the necessary rights to use the E-Mail forwarding service to forward, point, or alias your domain name's e-mail to the other e-mail address designated by you.

    (iv) Domain Name Locking. You represent and warrant that you have authorization to enable or disable Domain Name Locking for the domain name(s) listed in your pairNIC Domain Name Management system.

    (v) Whois Privacy. You represent and warrant that you have have authorization to enable or disable the Whois Privacy features for the domain name(s) listed in your pairNIC Domain Name Management system.

    (vi) Dynamic DNS. You represent and warrant that you have authorization from the owner of the device(s) identified by the specified IP address, net block, or host name to use the device(s) in the manner used by this service. You understand that while we may recommend certain Dynamic DNS update clients, we do not support or have control over any update clients.

    You will follow the Mandatory Client Behavior and Forbiddent Client Behavior for Dynamic DNS as described at the following URL:
    https://www.pairnic.com/dynamicdnspolicy.html

    c. General Conditions

    We retain the right, at our sole discretion, to restrict access to any or all of the enhanced services in order to maintain the quality of our services to other customers and to protect our computer systems. Furthermore, any or all of the enhanced services may be discontinued by us at any time without any prior advance notice. Each of the enhanced services may be subject to unscheduled outages which will impact your ability to use the service. We will use commercially reasonable efforts to restore the service after any unscheduled outages.

    In order to use any or all of the enhanced services your domain name must be registered through us and we must host your domain name record. If you transfer your domain name record to a third party for any reason or allow your domain name registration to expire, you will no longer be able to use any of the enhanced services. Your right to use the enhanced services is personal to you. You agree not to resell any or all of the enhanced services without our prior express written consent.

    You are solely responsible for the content of material available through each of the enhanced services. You agree to comply with all applicable local, state, national and international laws and regulations regarding communications and use. You agree: (1) to comply with U.S. law regarding the transmission of technical data exported from the United States through the Web site forwarding service; (2) not to use any of the enhanced services for illegal purposes; and (3) not to interfere with or disrupt other networks through any of the enhanced services.

    You agree not to transmit through any of the enhanced services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. You agree not to interfere with another customers use and enjoyment of the enhanced services or another entity's use and enjoyment of similar services.

    You agree that we, in responding to a third party complaint or for any other reason, reserve the right in our sole discretion to suspend or terminate your use of any or all of the enhanced services without notice and with no obligation to refund fees paid if we determine you are using any or all of the enhanced services to forward users to a Web site, URL, or e-mail address that is unsuitable or being used for any unlawful or harmful purpose, as determined in our sole discretion.

    We may, at our sole discretion, immediately terminate your access to any or all of the enhanced services if your conduct fails to conform with this Agreement and any of our operating rules or policies with no obligation to refund fees paid. We, in our sole discretion, will determine whether or not your conduct is consistent with this Agreement and any of our operating rules or policies.

    You agree that we shall under no circumstances be held liable on account of any action we take, in good faith, to restrict transmission of material that we or any Internet user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.

    d. Privacy.

    We will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act under exigent circumstances to protect the personal safety of our customers or the public. You acknowledge and agree that we neither endorse the contents of any of your communications nor assume responsibility for such content, including but not limited to any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. You acknowledge and agree that certain technical processing of material forwarded may be required to: (1) send and receive messages; (2) conform to connecting networks technical requirements; (3) conform to the limitations of the Web site forwarding service; or (4) conform to other similar requirements.

  14. LIMITATION OF LIABILITY.

    YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED BY US UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF PRIVACY, OR DAMAGES TO A THIRD PARTY.

  15. DISCLAIMER OF WARRANTIES.

    WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE(S) WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES(S). WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION OR USE, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. TO THE EXTENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  16. INDEMNIFICATION

    You agree to defend, indemnify and hold harmless us, and any applicable domain name registry and the contractors, agents, employees, officers, directors, shareholders, affiliates and assigns of each of them from all liabilities, damages, claims, expenses including attorneys' fees and court costs, of any third party arising out of this Agreement or related to your domain name or the use thereof. When we are threatened with suit or sued by any third party, you agree to defend, indemnify and hold us harmless. This indemnification is additional to that required under the Dispute Policy. 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 assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third party claim related to your use of our services, with counsel of our choice at our own expense. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.

  17. TERMINATION.

    a. By You. You may terminate this Agreement upon at least thirty (90) days written notice to us.

    b. By Us. We may terminate this Agreement at any time in the event you breach any obligation hereunder, fail to respond within fifteen (15) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in section 5 of this Agreement, or if we determine in our sole discretion that you have violated any acceptable use policy we may have. Any acceptable use policy we post on our web site is incorporated herein and made part of this Agreement by reference.

  18. REPRESENTATIONS AND WARRANTIES.

    In addition to any other representations and warranties you make under this Agreement, you represent and warrant (i) you have all requisite power and authority to execute this Agreement and to perform our obligations hereunder, (ii) you are of legal age to enter into this Agreement, and (iii) you agree to comply with all applicable laws and regulations.

  19. MODIFICATION OF THE AGREEMENT.

    Modifications to this Agreement may be made by us at any time and will be posted to our Web site at least thirty (30) days before such modifications go into effect. Your continued registration and use of your domain name shall constitute your acceptance of any such modifications. If you do not agree with the modifications, you may choose to cancel or transfer your domain name to a different domain name registrar. If you choose to cancel or transfer your domain name, you agree that such cancellation or request for transfer will be your exclusive remedy and no fees will be refunded.

  20. SEVERABILITY.

    The terms of this Agreement are severable. If any term or provision in declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of the Agreement, which shall continue to be valid, binding and enforceable according to its terms. We may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the objective and intent of the original provision.

  21. INTEGRATION.

    This Agreement and the rules and policies incorporated by reference in this Agreement are the entire, complete and exclusive agreement between you and us regarding our services and supersede all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically not merged herein.

  22. GOVERNING LAW; JURISDICTION.

    The validity and effect of this Agreement and any disputes hereunder shall be governed by and construed in accordance with the laws of the Florida. Both parties irrevocably consent to the exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of the Florida for all disputes regarding any duties, obligations or rights under or arising out of this Agreement.

  23. RELATIONSHIP BETWEEN THE PARTIES.

    Nothing in this Agreement may be construed as creating the relationship of agency, partnership or joint venture between the parties nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party, hereto.

  24. WAIVER.

    No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by our authorized representative. The waiver by either party of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.

  25. FORCE MAJEURE.

    Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in aggregate, we may immediately terminate this Agreement.

  26. ASSIGNMENT.

    Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option.

  27. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .INFO TLD

    If you are registering a .INFO domain name the following provisions also apply to you:

    a. Registry Information. ICANN has appointed Afilias, Ltd. (www.afilias.info) as the administrative overseer of the ".INFO" top level domain names.

    b. Dispute Resolution. By registering a .INFO domain name, you agree to submit to proceedings commenced under the both the UDRP and the Sunrise Dispute Resolution Policy ("SDRP") (available at https://info.info/about/dispute-resolution) as these may be modified from time to time. Your continued registration and use of your domain name shall constitute your acceptance of any such modifications. If you do not agree with the modifications, you may choose to cancel or transfer your domain name to a different domain name registrar. If you choose to cancel or transfer your domain name, you agree that such cancellation or request for transfer will be your exclusive remedy and no fees will be refunded.

    c. No Liability. You acknowledge that the registry operator 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: (1) your ability or inability to obtain a registered domain name during these periods, and (2) the results of any dispute over a Sunrise Registration.

  28. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .BIZ TLD
    If you are registering a .BIZ domain name the following provisions also apply to you:

    a. Registry Information. ICANN has appointed NeuLevel (www.neulevel.biz) as the administrative overseer of the ".BIZ" top-level domain names .

    b. Use. You 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, noncommercial purposes, including the expression of noncommercial ideas 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 purpose at the time of registration.

    c. Dispute Resolution. By registering a .BIZ domain name, you agree to submit to proceedings commenced under the both the UDRP, the Start-up Trademark Opposition Policy ("STOP") and the Restrictions Dispute Resolution Criteria and Rules ("RDRP") (the STOP and RDRP policies are available for your review at https://www.neulevel.biz/ardp/index.html) as these may be modified from time to time. Your continued registration and use of your domain name shall constitute your acceptance of any such modifications. If you do not agree with the modifications, you may choose to cancel or transfer your domain name to a different domain name registrar. If you choose to cancel or transfer your domain name, you agree that such cancellation or request for transfer will be your exclusive remedy and no fees will be refunded.

  29. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .WS TLD

    If you are registering a .WS domain name the following provisions also apply to you:

    a. Registry Information. ICANN has appointed Global Domains International, Inc. (GDI -- https://nic.ws/) as the administrative overseer of the ".WS" top-level domain names.

    b. Dispute Resolution. You agree that you are subject to the UDRP available at https://www.icann.org/udrp/udrp-policy-24oct99.htm.

  30. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .US DOMAIN NAMES

    a. Registry Information ICANN has appointed NeuStar, Inc. (www.nic.us) as the administrative overseer of the ".US" top-level domain names.

    b. Enforcement of Accurate Whois Data We shall accept written complaints from third parties regarding false and/or inaccurate Whois data for you. No later than thirty (30) days after receipt of a written complaint, we shall conduct an initial investigation into the veracity and accuracy of the contact details. If we determine that the information is false, inaccurate or not up to date, we shall issue a letter to you via e-mail, and regular first class mail, stating that the information contained in your Whois record may be false, inaccurate or not up to date. You are agree to update your contact information no later than thirty (30) calendar days from the date of such notice. If, within thirty (30) calendar days, you can either (i) show that you have not provided false or inaccurate contact information or (ii) provide the updated Whois information, then you will be allowed to maintain your .US top-level domain name registration. If, however, after thirty (30) days, you either do not respond to our notice or you! are unable to provide true and accurate contact information, you shall be deemed to have breached this Agreement and we will delete your registration. We will not refund any fees paid by you if your registration is deleted under this provision.

    c. Submission to Jurisdiction You agree that for the adjudication of disputes concerning or arising from the use of the domain name, you also submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of the United States.

    d. Dispute Resolution By registering a .US domain name, you agree to submit to proceedings commenced under the UDRP, United States Dispute Resolution Policy ("usDRP"), and the Nexus Dispute Policy ("NDP") (the usDRP and NDP policies are available for your review at https://www.nic.us/policies/index.html) as these may be modified from time to time. Your continued registration and use of your domain name shall constitute your acceptance of any such modifications. If you do not agree with the modifications, you may choose to cancel or transfer your domain name to a different domain name registrar. If you choose to cancel or transfer your domain name, you agree that such cancellation or request for transfer will be your exclusive remedy and no fees will be refunded.

    e. Nexus Requirements You represent and warrant that you are (a) a natural person (i) who is a citizen or 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 nay of its possessions or territories, or (c) an entity or organization (including a federal, state, or local government of the United States or a political subdivision thereof) that has a bona fide presence in the United States. You further represent and warrant that the name servers you have listed are located within the United States.

    You agree that your failure to abide by these nexus requirements shall be a basis for cancellation of your registered name.

  31. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .CN, .ORG.CN, .COM.CN AND .NET.CN DOMAIN NAMES

    If you are registering a .CN, .ORG.CN, .COM.CN, or .NET.CN domain name, the following provisions also apply to you:

    a. Registry Gateway Provider. NeuStar, Inc. has been appointed as the Registry Gateway Provider of the ".CN" top-level domain names.

    b. Chinese Laws and Policies. You agree to comply with all applicable laws, regulations and policies of the Peoples Republic of China's ("PRC") governmental agencies and the China Internet Network Information Center ("CNNIC"), including but not limited to the following rules and regulations: (i) China Internet Domain Name Regulations (currently at https://www.cnnic.net.cn/html/Dir/2005/03/24/2861.htm); (ii) CNNIC Detailed Rules of Internet Domain Name Registration Administration (currently at https://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm); (iii) CNNIC Domain Name Dispute Resolution Policy (currently at https://www.cnnic.net.cn/html/Dir/2006/02/14/4008.htm); and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently at https://www.cnnic.net.cn/html/Dir/2006/03/15/3655.htm).

    c. Registration Information. You also agree to provide the following information and to promptly correct and update the information during the term of this agreement: (i) any remark concerning the registered domain name that should appear in the Whois directory; and (ii) any other data CNNIC, as the Registry, requires be submitted to it. You agree and understand that the registration data will be publicly available and accessible on the Whois directory pursuant to the CNNC Policy. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the CNNIC.

    You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement.

    d. Business or Organization Representation. The .cn top-level domain name space is intended for businesses and organizations and not for individual use. By registering a .cn domain name, you hereby represent that you have registered the domain name on behalf of a business or organization.

    e. Domain Name Disputes

    • 1. Domain Name Dispute Policy. If you have registered a second or third-level .cn domain name through us, you agree to be bound by the CNNIC Domain Name Dispute Resolution Policy & Rules for CNNIC Domain Name Dispute Resolution Policy ("Dispute Policy"), https://www.cnnic.net.cn/html/Dir/2005/03/24/2861.htm, which is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement.

    • 2. 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 that, by maintaining the 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.

    • 3. 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 the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us, CNNIC and NeuStar, Inc.("Registry Gateway Provider"), harmless pursuant to the terms and conditions set forth 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.

    • 4. Jurisdiction. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where Registrar is located, and 3) the People's Republic of China.

    • 5. Governing Law. For the adjudication of a dispute concerning or arising from use of the domain name, such dispute shall be governed under the Laws of the Peoples Republic of China.

    f. Maximum Term. The maximum term for a domain name registration in the .cn TLD shall be five (5) years. Domain Name Registrations shall be available for terms of one, two, three, four and five years.

    g. Prohibited Uses for .cn domain name. Registrant may not register or use a domain name that is deemed by CNNIC to:
    • (i) Be against the basic principles prescribed in the Constitution of the Peoples Republic of China ("PRC");
    • (ii) Jeopardize national security, leak state secrets, intend to overturn the government, or disrupt of state integrity of the PRC;
    • (iii) Harm national honor and national interests of the PRC;
    • (iv) Instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC;
    • (v) Violate the PRC's religion policies or propagate cult and feudal superstition;
    • (vi) Spread rumors, disturb public order or disrupt social stability of the PRC;
    • (vii) Spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
    • (viii) Insult, libel against others and infringe other people's legal rights and interests in the PRC; or
    • (ix) Take any other action prohibited in laws, rules and administrative regulations of the PRC.

    h. Suspension, Cancellation or Transfer. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any CNNIC adopted specification or policy, or pursuant to any registrar or CNNIC procedure not inconsistent with a CNNIC adopted specification or policy, (1) to correct mistakes by Registrar or the CNNIC in registering the name or (2) for the resolution of disputes concerning the domain name.

    i. Reservation by CNNIC and Registry Gateway Provider. Management Specialties Web Services, LLC DBA pairNIC, the Registry Gateway Provider and CNNIC reserve the right to deny, cancel or transfer any registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of CNNIC, the Registry Gateway Provider or Management Specialties Web Services, LLC DBA pairNIC, as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by Registry Gateway Provider, CNNIC or any registrar in connection with a domain name registration. CNNIC, Registry Gateway Provider and Management Specialties Web Services, LLC DBA pairNIC also reserve the right to freeze a domain name during resolution of a dispute.

  32. ADDITIONAL TERMS APPLICABLE TO REGISTRATION OF .UK DOMAIN NAMES

    a. Registry Information ICANN has appointed Nominet Registrar Resources (https://registrars.nominnet.org.uk) as the administrative overseer of the ".UK" top-level domain names. All pairNIC terms of service relating to .UK top level domain names are subject to the Registrar Agreement between pair Networks, Inc. t/d/b/a pairNIC, and Nominet. To the extent such terms and requirements relate to You as a user of a .UK domain such terms and agreements are incorporated herein by reference and You agree to be bound to conduct Yourself appropriately.

    b. Transfers. If You have an existing .UK domain that You wish to transfer to Your new or existing pairNIC account, You must initiate the transfer through Your current .UK registrar, rather than through pairNIC. Please note this is different from all other TLDs and ccTLDs where transfers are initiated at pairNIC. Rather, with .UK domain transfers, the existing registrar must validate the transfer by submitting the transfer request to Nominet.

    Once the relinquishing registrar sends the transfer request to Nominet, and Nominet approves the transfer, then pairNIC becomes the new registrar and the transferred domain is sent to Us through Our dedicated .UK domains holding account while We wait for the customer information to catch up. We can then match the incoming .UK domain and customer information to You, and You can then claim the domain and it can be moved into Your new or existing pairNIC customer account.

    As a result of this unusual procedure for transferring existing .UK domains to Your pairNIC account, there may be a delay beyond our control as the transfer requires the cooperation of both Your existing .UK registrar and Nominet.

    In the event You seek to transfer your .UK domain away from pairNIC, we pledge to act quickly to respect your transfer request.

    c. Nominet right to police .UK domain usage. All registrars managing .UK domains, and users of .UK domains, are subject to the use restrictions adopted by Nominet. If you have a concern about the specifics of the .UK agreement between Nominet and its registrars, you may request a copy or link to the .UK Registrar Agreement through info@pairNIC.com.



    33.  Last Modified: 2013/08/13 23:11:54