This Registration Agreement ("Agreement") sets forth the
terms and conditions of your use of the Internet Council of Registrars
(“CORE”) to register a domain name on the Internet. To complete the
registration process, you must read and agree to be bound by all terms
and conditions of this Agreement, the accompanying fee schedule and
dispute policy, and any rules or policies that are or may be published
by the Internet Council of Registrars (“CORE”). This Agreement will
become effective when accepted by the Internet Council of Registrars
(“CORE”). the Internet Council of Registrars (“CORE”) is an
accredited registrar with the Internet Corporation for Assigned Names
and Numbers ("ICANN") under an agreement between the Internet
Council of Registrars (“CORE”) and ICANN ("ICANN
Agreement"). You acknowledge that the Internet Council of
Registrars (“CORE”) may modify this Agreement if necessary to comply
with its ICANN Agreement, or for any other business purpose.
1. Fees
As consideration for the domain name registration services provided by
the Internet Council of Registrars (“CORE”), you shall pay all
applicable initial registration fees and renewal fees. Domain
registration fees are not refundable. You will be notified when
renewal fees are due, and it shall be your responsibility to ensure that
such fees are paid. Should these fees go unpaid by the time specified in
the renewal notice, your registration will be cancelled. You agree that
the Internet Council of Registrars (“CORE”) shall have no liability
whatsoever with respect to any such cancellation, and that the Internet
Council of Registrars (“CORE”) may cancel or reassign the domain
name in the event of delinquency.
2. Dispute Policy
In applying for a domain name, you warrant that the registration is not
made in bad faith and that the name does not conflict with another
domain name. You agree to be bound by the current the Internet Council
of Registrars (“CORE”) Domain Name Dispute Policy ("Dispute
Policy") which is incorporated into this Agreement by reference.
The Dispute Policy can be found at www.swerling.net/policies/dispute.htm.
Any disputes regarding the right to use your domain name will be subject
to the Dispute Policy. the Internet Council of Registrars (“CORE”)
may modify the Dispute Policy in its sole discretion at any time. Your
continued registration of your domain name after modification to the
Dispute Policy becomes effective constitutes your acceptance of those
modifications. If you do not agree to such a modification, you may
request that your domain name be deleted.
You agree that you will be subject to the provisions specified in the
Dispute Policy in effect at the time your domain name is challenged by a
third party. You also agree that in the event a domain name dispute
arises with any third party, you will indemnify, defend and hold the
Internet Council of Registrars (“CORE”) harmless.
3. Use of Your Information
As part of the registration process, you are required to provide certain
information and to update this information to keep it current, complete
and accurate. This information includes (i) your full name, postal
address, e-mail address, voice telephone number, and fax number if
available; (ii) the name of an authorized person for contact purposes in
the case of a registrant that is an organization, association, or
corporation; (iii) the IP addresses of the primary nameserver and any
secondary nameservers for the domain name; (iv) the corresponding names
of those nameservers; (v) the full name, postal address, e-mail address,
voice telephone number, and fax number if available of the technical
contact for the domain name; (vi) the full name, postal address, e-mail
address, voice telephone number, and fax number if available of the
administrative contact for the domain name; (vii) the name, postal
address, e-mail address, voice telephone number, and fax number if
available of the zone contact for the domain name; and (viii) any remark
concerning the registered domain name that should appear in the Whois
data.
You acknowledge that providing inaccurate information or failing to
update information promptly will constitute a material breach of this
Agreement and will be a basis for cancellation of your domain name. If
you license use of a domain name to a third party, you remain
responsible for providing your own full contact information and for
providing and updating accurate technical, administrative, and zone
contact information.
You acknowledge that the Internet Council of Registrars (“CORE”)
will make some of the information that you provide during the
registration process publicly available as required by ICANN.
Additionally, you acknowledge that ICANN may impose guidelines, limits
and/or requirements that relate to the amount and type of information
that the Internet Council of Registrars (“CORE”) may or must make
available to the public or to private entities. the Internet Council of
Registrars (“CORE”) will not otherwise disclose your information to
any third party unless it is required to maintain your domain name. You
may request a copy of your information in the Internet Council of
Registrars (“CORE”)'s possession to review, modify or update such
information.
4. Use Policies
the Internet Council of Registrars (“CORE”) reserves the right to
suspend or cancel your domain name in the event that you use the domain
name to send unsolicited commercial advertisements in contradiction to
either applicable laws or customary acceptable usage policies of the
Internet, or if you use your domain name in connection with unlawful
activity.
5. Agents and Licenses
You agree that, if your domain name is registered on your behalf by
anyone acting as your agent (e.g., an Internet Service Provider,
employee, etc.), you are nonetheless bound as a principal by all terms
and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of your domain name to a third
party, you remain the domain name holder, and remain responsible for all
obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT Swerling.net and OLM LLC d/b/a NAME REGISTRARS WILL NOT BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF
REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c)
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO NAME REGISTRARS REGISTRATION
SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND NAME
REGISTRARS; (e) EVENTS BEYOND NAME REGISTRARS CONTROL; (f) THE
PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION
TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU
OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE
DISPUTE POLICY. FURTHER, NAME REGISTRARS WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NAME
REGISTRARS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL NAME REGISTRARS MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO NAME REGISTRARS FOR REGISTRATION OF YOUR DOMAIN NAME
DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW
THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR
LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend, indemnify and hold harmless Swerling.net and OLM LLC
d/b/a Name Registrars and any applicable domain name registry, including
the Internet Council of Registrars (“CORE”) and Network Solutions,
Inc., and the directors, officers, employees and agents of each of them,
for any loss, damages or costs, including reasonable attorneys' fees,
resulting from any third party claim, action, or demand related to your
domain name or the use thereof. This indemnification is in addition to
any indemnification required under the Dispute Policy.
8. Representations and Warranties
You represent and warrant that all information provided by you in
connection with your registration is complete and accurate. the Internet
Council of Registrars (“CORE”) makes no representation or warranties
of any kind in connection with this Agreement. the Internet Council of
Registrars (“CORE”) does not represent or warrant that registration
of your domain name will immunize you from
challenges to your domain name.
9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be
remedied by you within 30 days of notice by the Internet Council of
Registrars (“CORE”). If you fail to cure the breach, the Internet
Council of Registrars (“CORE”) may revoke your registration of the
domain name.
You also agree that the Internet Council of Registrars (“CORE”)
shall have the right in its sole discretion to revoke, suspend, transfer
or otherwise modify a domain name registration upon seven (7) calendar
days prior written notice, or at such time as the Internet Council of
Registrars (“CORE”) receives a properly authenticated order from a
court of competent jurisdiction, or arbitration award, re-querying the
revocation, suspension, transfer or modification of the domain name
registration.
10. Governing Law
This Agreement and all rights hereunder shall be governed by the laws of
the State of Maryland. Any action relating to this Agreement or to your
use of the the Internet Council of Registrars (“CORE”) site shall be
brought exclusively in the courts of Maryland in the USA.
11. General
This Agreement, the the Internet Council of Registrars (“CORE”) fee
schedule and the Dispute Policy, together with all amendments or
modifications to any of them, constitute the complete and exclusive
agreement between you and the Internet Council of Registrars
(“CORE”), and supersede and govern all prior proposals, agreements,
or other communications.
Nothing contained in this Policy shall be construed as creating any
agency, partnership, or other form of joint enterprise between the
parties. The failure of the Internet Council of Registrars (“CORE”)
to require your performance of any provision hereof shall not affect the
right to require such performance thereafter; nor shall the waiver by
the Internet Council of Registrars (“CORE”) of a breach of any
provision hereof be taken or held to be a waiver of the provision
itself.
In the event that any provision of this Agreement is deemed
unenforceable or invalid, such unenforceability or invalidity shall not
affect the remainder of this Agreement. the Internet Council of
Registrars (“CORE”) may amend or replace such provision with one
that is valid and enforceable and which achieves, to the extent
possible, the original objectives and intent of the Internet Council of
Registrars (“CORE”) as reflected in the original provision.
No provision of this Agreement,
including the the Internet Council of Registrars (“CORE”) fee
schedule and the Dispute Policy, may be amended or modified by you
except by means of a written document signed by the Internet Council of
Registrars (“CORE”).
