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.NAME
Should you seek to register a .NAME second level domain name you,
the registrant, must also agree to the following terms:
- DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered marks to
exclusively pre-register on the .NAME space and create a protective
barrier for their trademarks. A "Defensive Registration" is a
registration granted to a third party of a specific string on the second
or third level, or of a specific set of strings on the second and third
levels, which will not resolve within the domain name system but may
prevent the registration of the same string(s) on the same level(s) by
other third party applicants.
- PHASES OF DEFENSIVE REGISTRATIONS
- As a Defensive Registration Registrant ("Defensive
Registrant"), you hereby certify to the best of your knowledge
that for Phase I Defensive Registrations ("Phase I Defensive
Registrants"), you own valid and enforceable trademark or service
mark registrations having national effect that issued prior to April 16,
2001 for strings that are identical to the textual or word elements,
using ASCII characters only, subject to the same character and
formatting restrictions as apply to all registrations in the Registry
TLD. You understand that 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.
Subject to the same character and formatting restrictions as apply to
all registrations in the Registry TLD, if a trademark or service mark
registration incorporates design elements, the ASCII character portion
of that mark may qualify to be a Phase I Defensive Registration.
- Phase II Defensive Registrants may apply for a Defensive
Registration for any string or combination of strings.
- Defensive Registrants, whether Phase I or Phase II shall comply
with the following Eligibility Requirements, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
- There are two levels of Defensive Registrations, each of which is
subject to payment of a separate fee;
- Multiple persons or entities may obtain identical or overlapping
Defensive Registrations upon payment by each of a separate registration
fee;
- The Defensive Registrant must provide the information requested in
Section 3(i) below;
- A Defensive Registration will not be granted if it conflicts with a
then-existing Personal Name Registration or other reserved word or
string.
- PROVISION OF REGISTRATION DATA
- 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 the Defensive Registration. You understand
and agree that this contact information will be provided as part of the
Whois record for the Defensive Registration. You further understand
that the foregoing registration data may be transferred outside of the
European Community, such as to the United States, and you expressly
consent to such export.
- In addition to the information provided in subsection (i) above,
Phase I Defensive Registrants must also provide
- the name, in ASCII characters, of the trademark or service mark
being registered;
- the date the registration issued;
- the country of registration; and
- the registration number or other comparable identifier used by the
registration authority
- You hereby represent and warrant the data provided in the
registration application is true, correct, up-to-date and complete and
that you will continue to keep all of 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 (5) calendar
days to our inquiries addressed to the email address of the
administrative, billing or technical contact then appearing in the
publicly available Whois directory with respect to a Defensive
Registration(s) concerning the accuracy of contact details associated
with any such Defensive Registration(s) registered by or through you or
your account shall constitute a breach of this Agreement.
- DOMAIN NAME DISPUTE POLICY
- If you registered a Defensive Registration, you agree that:
- the Defensive Registration will be subject to challenge pursuant to
the Eligibility Requirements Dispute Resolution Policy
("ERDRP");
- if the Defensive Registration is successfully challenged pursuant to
the ERDRP, the Defensive Registrant will pay the challenge fees; and
- if a challenge is successful, then the Defensive Registration will
be subject to the procedures described in Section 2(h) of Appendix L to
the agreement of Global Name Registry ("Registry Operator")
with the Internet Corporation for Assigned Names and Numbers
("ICANN"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm
- You further agree that if a Phase I Defensive Registration is
successfully challenged on the basis that it did not meet the applicable
Eligibility Requirements, the Defensive Registrant will thereafter be
required to demonstrate, at its expense, that it meets the Eligibility
Requirements for Phase I Defensive Registrations for all other Phase I
Defensive Registrations that it registered within .NAME through any
Registrar. In the event that the Defensive Registrant is unable to
demonstrate the foregoing with respect to any such Phase I Defensive
Registration(s), those Defensive Registration(s) will be cancelled.
- The ERDRP applies to, among other things, challenges to Defensive
Registrations within .NAME and is available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
- DEFENSIVE REGISTRATION 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 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 Defensive Registration is challenged by a third
party, you will be subject to the provisions specified in our Defensive
Registration dispute policy in effect at the time of the dispute. You
agree that in the event a Defensive Registration dispute arises with any
third party, you will indemnify and hold eNom, Inc. 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 Defensive Registration, you agree not
to make any changes to your Defensive Registration record without our
prior approval. We may not allow you to make changes to such Defensive
Registration record until
- we are directed to do so by the judicial or administrative body,
or
- we receive notification by you and the other party contesting your
Defensive 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 Defensive Registration and use
of our domain name registration services, we may deposit control of your
Defensive Registration record into the registry of the judicial body by
supplying a party with a Registrar certificate from us.
- CONSENT
Defensive Registrants may be asked to give their consent to allow
individuals to share a part of their space. For example, if you have
filed a Defensive Registration on PQR (which blocks out
ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give
consent to John Pqr to register JOHN.PQR.name if he can prove that PQR
is his name. In such a circumstance, you will have five (5) days to
respond to a request for consent.
- .NAME REGISTRATION RESTRICTIONS
Registrations in the .NAME TLD must constitute an individual's
"Personal Name". For purposes of the .NAME restrictions (the
"Restrictions"), a "Personal Name" is a person's
legal name, or a name by which the person is commonly known. A
"name by which a person is commonly known" includes, without
limitation, a pseudonym used by an author or painter, or a stage name
used by a singer or actor.
- .NAME CERTIFICATIONS
As a .NAME domain name Registrant, you hereby certify to the best of
your knowledge that:
- You have the authority to enter into this Agreement; and
- The registered domain name or second level domain ("SLD")
email address is your Personal Name.
- PROVISION OF REGISTRATION DATA
- 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. This information includes the
information contained in the Whois directory, including:
- your full name and postal address, email address, voice telephone
number, and fax number, if available;
- the IP addresses and names of the primary nameserver and any
secondary nameserver(s) for the domain name;
- the full name, postal address, email address, voice telephone
number, and fax number, if available, of the technical contact for the
domain name;
- the full name, postal address, email address, voice telephone
number, and fax number if available of the administrative contact for
the domain name;
- the name, postal address, email address, voice telephone number,
and fax number, if available, of the billing contact for the domain
name. You agree and understand that the foregoing registration data
will be publicly available and accessible on the Whois directory as
required by Internet Corporation for Assigned Names and Numbers
("ICANN")/Registry Policy. You further understand that the
foregoing registration data may be transferred outside of the European
Community, such as to the United States, and you expressly consent to
such export.
- You hereby represent and warrant the data provided in the
registration application is true, correct, up-to-date and complete and
that you will continue to keep all of 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 to our inquiries addressed
to the email 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. 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 ICANN
Agreement or an ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .NAME 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.
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 following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
- the Eligibility Requirements (the "Eligibility
Requirements"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
- the Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and
- the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names and
Personal Name SLD email addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result of a
dispute resolution proceeding or during the landrush procedures in
connection with the opening of the Registry TLD. The following
categories of Personal Name Registrations may be registered:
- the Personal Name of an individual;
- the Personal Name of a fictional character, if you have trademark or
service mark rights in that character's Personal Name;
- in addition to a Personal Name registration, you may add numeric
characters to the beginning or the end of your Personal Name so as to
differentiate it from other Personal Names.
The ERDRP applies to challenges to
- registered domain names and SLD email address registrations within
.NAME on the grounds that a Registrant does not meet the Eligibility
Requirements, and
- to Defensive Registrations within .NAME.
The UDRP sets forth the terms and conditions in connection with a
dispute between a Registrant and party other than Global Name Registry
("Registry Operator") or Registrar over the registration and
use of an Internet domain name registered by a Registrant.
- 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 reservation or registration of your domain name or SLD
email address 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 eNom 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
- we are directed to do so by the judicial or administrative body, or
- 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.
- EMAIL FORWARDING
- The service for which you have registered may, at your option,
include Email Forwarding. To the extent you opt to use Email
Forwarding, you are obliged to do so in accordance with all applicable
legislation and are responsible for all use of Email Forwarding,
including the content of messages sent through Email Forwarding.
- You undertake to familiarize yourself with the content of and to
comply with the generally accepted rules for Internet and email usage.
This includes, but is not limited to the Acceptable Use Policy,
available at http://www.12wonderwebservices.com/terms.php, as well as
the following restrictions. Without prejudice to the foregoing, you
undertake not to use Email Forwarding:
- to encourage, allow or participate in any form of illegal or
unsuitable activity, including but not restricted to the exchange of
threatening, obscene or offensive messages, spreading computer viruses,
breach of copyright and/or proprietary rights or publishing defamatory
material;
- to gain illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks, including all
attempts at guessing passwords, checking or testing the vulnerability
of a system or network or breaching the security or access control
without the sufficient approval of the owner of the system or network;
- to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding, Denial of
Service (DoS) attacks, willful attempts to overload another system or
other forms of harassment; or
- for spamming, which includes, but is not restricted to, the mass
mailing of unsolicited email, junk mail, the use of distribution lists
(mailing lists) which include persons who have not specifically given
their consent to be placed on such a distribution list.
Users are not permitted to provide false names or in any other way to
pose as somebody else when using Email Forwarding.
- Registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a history
of abuse from entering Registry Operator's Email Forwarding. However,
due to the nature of such systems, which actively block messages,
Registry Operator shall make public any decision to implement such
systems a reasonable time in advance, so as to allow you, 1-2-Wonder Web
Services, or eNom, Inc. to give feedback on the decision.
- You understand and agree that Registry Operator may delete material
that does not conform to clause (iii) above or that in some other way
constitutes a misuse of Email Forwarding. You further understand and
agree that Registry Operator is at liberty to block your access to
Email Forwarding if you use Email Forwarding in a way that contravenes
this Agreement. You will be given prior warning of discontinuation of
the Email Forwarding unless it would damage the reputation of Registry
Operator or jeopardize the security of Registry Operator or others to
do so. Registry Operator reserves the right to immediately discontinue
Email Forwarding without notice if the technical stability of Email
Forwarding is threatened in any way, or if you are in breach of this
Agreement. On discontinuing Email Forwarding, Registry Operator is not
obliged to store any contents or to forward unsent email to you or a
third party.
- You understand and agree that to the extent Registry Operator is
required by law to disclose certain information or material in
connection with your Email Forwarding, Registry Operator will do so in
accordance with such requirement and without notice to you.
- RESERVATION OF RIGHTS
1-2-Wonder Web Services, eNom, Inc. and Registry Operator, expressly
reserve the right to deny, cancel or transfer any Defensive Registration
that it deems necessary, in its discretion, to protect the integrity and
stability of the Registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement, in
compliance with any dispute resolution process, or to avoid any
liability, civil or criminal, on the part of 1-2-Wonder Web Services,
eNom, Inc. and/or Registry Operator, as well as their affiliates,
subsidiaries, officers, directors and employees. 1-2-Wonder Web Services,
eNom, Inc., and Registry Operator also reserve the right to freeze a
Defensive Registration during a resolution of a dispute.
- LIMITATION OF LIABILITY
You agree that Registry Operator will have no liability of any kind for
any loss or liability resulting from
- the processing of Defensive Registration requests prior to live SRS
launch, including, without limitation, your ability or inability to
obtain a Registered Name or SLD email address registration using these
processes; or
- any dispute over any .NAME domain name, SLD email address,
Defensive Registration or NameWatch Registration, including the
decision of any dispute resolution proceeding related to any of the
foregoing.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless Registry Operator,
and its directors, officers, employees and agents from and against any
and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or relating to your
registration. This indemnification obligation will survive the
termination or expiration of this Agreement.
- COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
- ICANN standards, policies, procedures, and practices for which
Registry Operator has monitoring responsibility in accordance with the
Registry Agreement or under any other arrangement with ICANN; and
- operational standards, policies, procedures, and practices for the
Registry TLD established from time to time by Registry Operator in a
non-arbitrary manner and applicable to all Registrars, including
affiliates of Registry Operator, and consistent with ICANN's standards,
policies, procedures, and practices and Registry Operator's Registry
Agreement with ICANN. Among Registry Operator's operational standards,
policies, procedures, and practices are those set forth in Exhibit E of
the Registry-Registrar Agreement, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational standards, policies,
procedures, and practices for the Registry TLD shall be effective upon
thirty (30) days notice by Registry Operator to Registrar.
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