Domain Registration Agreement
This Registration Agreement is a contract that sets out the rights and responsibilities of UK2 Group Ltd. (UK2, we, us or our) and registrants of domain names through UK2 (Customer, you or your). This Registration Agreement incorporates other agreements between UK2 and you, such as the registration agreements and dispute resolution procedures set out in Part 2.
You acknowledge that for domain name purchases, UK2's acceptance of any domain name registration application will take place at the offices set out in its registrar agreement: Gibraltar, British Overseas Territory.
1.1 The term "Services: refers to the domain name registration services provided to you by, or through, UK2 and set out in detail in Part 1, paragraph 2. This Registration Agreement may have additional terms set out in Part 2 that apply only to specific domain name extensions. Please read Part 2 carefully.
1.2 We each become bound by this Registration Agreement when you submit a domain name application (Application) for the Services (Effective Date). We are under no obligation to provide Services to you until your Application is approved by us.
1.3 UK2 has partnered with the Cloud Group Limited to provide domain registration and management via the Cloud Group Limited ICANN Accreditation. As such UK2 is bound to policies and procedures set forth by the Internet Corporation for Assigned Names and Numbers (ICANN) under an agreement between Cloud Group Limited and ICANN (the ICANN Agreement). UK2 is also an accredited domain name registrar with other registries (Third Party Registrars). Each of their policies are incorporated into this Registration Agreement. You acknowledge that UK2 may modify this Registration Agreement if necessary to comply with the ICANN Agreement, our agreements with Third Party Registrars, or as otherwise provided in this Registration Agreement. Such a modification shall not be a material breach of this Registration Agreement, nor shall you be entitled to terminate this Registration Agreement , based on such a change. UK2 shall not be liable for any loss or damage resulting directly or indirectly from such changes. UK2 shall provide you with thirty days written notice of any changes to this Registration Agreement.
1.4 The features, prices and other aspects of the Services you purchase from UK2 are set out on appendix A to this Agreement. UK2 continually evaluates the features, prices and other aspects of the Services. From time-to-time, UK2 may make changes in these features and prices, and is under no obligation to offer these new features and prices to you. If these new features and services are offered to you, they will be added to this Agreement when you begin using them, or offering them to your customers. The prices of Services provided by UK2 or third parties are not guaranteed. Those prices may change after the Effective Date. While the prices set out in Appendix A are fixed during your contract term, they may be increased following that term. UK2 will give you one month's notice prior to any changes in the Fees.
1.5 On occasion, we may need to communicate with you by email about issues related to billing, service changes, additions and modifications to the Services. It is your responsibility to provide a working, monitored, email address to us.
2. Registration of Domain Names
2.1 You understand that submitting information to us to register a domain name does not result in immediate registration. You have presented us with an Application to register a domain name. This Application must be processed before it can be submitted for registration. We are not liable for any loss or damages resulting directly or indirectly from, or responsible to you in any way for failure to register a domain name.
2.2 In your Application, you must provide the following:
2.2.1. The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the registrant (owner) of the domain name;
2.2.2 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the domain name;
2.2.3 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the domain name;
2.2.4 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the billing contact for the domain name;
2.2.5 The names and IP addresses of the primary name server and secondary name server(s) for the domain name; and
2.2.6 Any other information that may be required from Third Party Registrars (collectively, the "Registration Information").
2.4 You are required to provide us with your own full contact information, and for providing and updating accurate technical and administrative contact information, to allow us and others to resolve any problems that arise in connection with the domain name. You are liable for any harm caused by the wrongful use of the domain name, even if you have licensed its use to another party.
2.5. If you choose to license the domain name to a third party, you remain the actual registrant. You are required to provide us with your Registration Information, in addition to that of the third party to whom you license the domain name. If you receive a request from a party who provides you with reasonable evidence that they will sustain actionable harm, you are required to disclose the current contact information given to you by the entity to whom you license the domain name. Your failure to promptly disclose this information to the person or entity requesting it shall be considered your acceptance of liability for that harm.
2.6 You agree that a domain name you register through us may be suspended, cancelled or transferred if required by ICANN, us, a court, or a Third Party Registrar, if necessary to correct a mistake, or as applicable during or following the resolution of a dispute regarding the domain name.
2.7 The person, or entity, listed as the owner (as set out in paragraph 2.2.1 above) in our records will be considered by us as having full right, title and authority in the domain name.
2.8 For the first sixty days following your initial registration, renewal, or transfer, of the domain name, you agree that you may not transfer it to another domain name registrar. After that time, you may transfer your domain name, pursuant to the ICANN domain name transfer policy, available here: http://www.icann.org/transfers/policy-12jul04.htm, or in the applicable provision of Part 2.
2.9 Under the following circumstances we may be required to put the domain name on hold, and suspend resolution of the domain name to a website: (1) we are required to do so under the ICANN Agreement; (2) the domain name violates this Registration Agreement; or (3) based on our reasonable judgment, such a suspension is necessary. We are not liable for any loss or damages directly or indirectly caused by a domain name hold or suspension.
2.10 Unless another dispute resolution policy is set out in Part 2, as a purchaser of a domain name, you agree to be bound by the ICANN domain name dispute policy (UDRP), which may be found here: http://www.icann.org/dndr/udrp/policy.htm.
3. Use of the Registration Information
3.2 We will make the Registration Information that you provide, or that we otherwise maintain, available to ICANN, Third Party Registrars, and to such other parties as ICANN or applicable laws may require or permit. You agree that we may make publicly available, or directly available to third party vendors, some, or all, of the Registration Information you provide, for purposes of inspection (such as through our WHOIS service) as otherwise allowed by the relevant paragraph of Part 2. We represent that unless otherwise stated in this Registration Agreement, the Registration Information will only be used as set out in this Registration Agreement.
4. Domain Name Transfers
4.1 You agree to be bound by the domain name transfer agreement located here: http://www.icann.org/transfers/policy-12jul04.htm.
4.2 Only the individual or entity set out in our records as the account owner, or the registrant and/or administrative contract listed in the Registration Information may transfer a domain name, or respond to a transfer request. You must secure an EPP AuthCode in order to transfer domains in an EPP registry.
4.3 ICANN policies allow us to refuse to transfer a domain name if there is a dispute about the ownership of a domain name to be transferred, if you are bankrupt, or if your account has been suspended by us. It is very important that you follow the transfer process closely. Factors beyond our control, such as the expiration of your domain name, misrouted email, or failure of a payment to process, may cause the domain transfer process to fail. It is your responsibility to ensure that the process is carried through to completion.
The fees and charges for the Services are set out on Appendix A (Fees).
This Agreement will begin on the Effective Date and continue for one year (Initial Term). After the expiration of the Initial Term, the Agreement will renew for successive periods of equal length (Renewal Term). Prior to the expiration of the Initial Term, or any Renewal Term, we may adjust the Fees by providing you with one monthÕs prior written notice. Should you notify us in writing that you object to the new Fees, this Agreement will be terminated at the end of the Initial Term or Renewal Term. If you continue to use the Services after the expiration of such a term, you will have been deemed to accept the new Fees.
7.1 We reserve the right to immediately terminate this Registration Agreement, and suspend or cancel your Services, and, if necessary, your domain name: (i) for a violation of any provision of this Registration Agreement or any other Agreement, including third party agreements that apply to you through this Registration Agreement; your violation of our policies or general Internet community standards and/or (iii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights. You will not receive a refund if the Services are terminated pursuant to this paragraph.
7.2 One party may also terminate this Registration Agreement upon the occurrence of a material breach which has not been cured by the other party within 30 days of their receipt of written notice of the breach. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed, to identify the breach and attempt to take corrective action.
7.3 Upon termination, your account will be closed and the Services terminated. We have no responsibility to forward email, or other communications, once your account is closed. You are encouraged to keep the Services active during a transition period to avoid a lapse of your domain name registration.
7.4 Our auto renewal, deletion and expiry policies are set out at http://www.uk2group/domain-names/expiry.php.
8. Licenses and Intellectual Property
8.1 All right, title and interest in UK2's technology shall remain with UK2 or UK2's licensors. You are not permitted to circumvent any devices designed to protect UK2's, or its licensor's, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
8.2 You grant UK2, and any third parties used by UK2 to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your customers, in conjunction with the Services. This license terminates on the expiration or termination of this Registration Agreement. All right, title and interest in your technology shall remain with you or your licensors.
9. Your Representations and Warranties
9.1 In addition to, and not in lieu of, all other representations and warranties set out in this Registration Agreement you represent, to the best of your knowledge and belief that neither the registration of the domain name, nor the manner in which it is used, infringes the legal rights of any third party. You agree to indemnify us for any claims made against us based on this representation. We reserve the right, in our sole and exclusive discretion, to deny, lock, suspend, cancel or transfer any domain name if we believe that doing so will protect the domain name registry, is necessary to comply with any applicable laws or regulations, or to avoid liability to UK2. We may freeze domain names during a dispute brought pursuant to the UDRP or the relevant domain name dispute provision set out in Part 2.
9.2 You represent and warrant to UK2 that: (i) you own outright, or have a license to use, all items necessary for us to make the Services available to you, including, but not limited to, the domain name, if applicable; and (ii) you own, or have the right to use, all information, words, or other ideas contained in the domain name.
ALL SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT HEREIN, UK2 HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, FRAUD, MERCHANTABILITY, AND/OR TITLE. UK2 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR OR FAILURE FREE, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. UK2 SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE PRODUCTS APPEAR TO BE PROVIDED BY UK2. UK2 ALSO SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE FAILURE OF ITSELF OR THIRD PARTIES TO ACTUALLY REGISTER OR PROPAGATE DOMAIN NAMES, EITHER IN WHOLE, OR ON A TIMELY BASIS. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO UK2 SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES. THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM UK2, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION. SOME STATES DO NOT ALLOW UK2 TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.
11. Limitation of Liability
11.1 IN NO EVENT WILL UK2'S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY UK2 FROM YOU FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM UK2 SHALL BE INTERPRETED TO INCLUDE UK2'S EMPLOYEE'S, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING SERVICES TO YOU THROUGH UK2.
11.2 YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD UK2 OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF UK2 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS UK2'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12.1 You agree to indemnify, defend and hold harmless UK2 and its parent, subsidiary and affiliated companies, third party service providers, Third Party Registrars, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party"" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services; (ii) any violation by you of any of UK2's policies, or those of any agreement incorporated into this Registration Agreement by reference; (iii) any breach of any of your representations, warranties or covenants contained in this Registration Agreement, or those of any agreements incorporated into this Registration Agreement by reference; and/or (iv) any acts or omissions by you. The terms of this paragraph shall survive any termination of the Agreements. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or the Services the use of which is facilitated by us.
12.2 You agree to hold us, the Third Party Registrar, and all of our directors, officers, employees and agents harmless from and against any and all claims, damages, liabilities, costs and expenses (which includes, but is not limited to, reasonable legal fees and expenses) that arise out of or are related to the domain name registration.
13.1 Notices will be sent to you at the address you provide to us. It is your obligation to ensure that we have the most current address for you.
Notices regarding this Registration Agreement and other UK2 policies should be directed to:
UK2 Group Ltd, Montagu Pavillon, 8-10 Queensway, Gibraltar
14. Force Majeure
Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including without limitation acts of God, third party vendors, suppliers or agents, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event more than ten days from the beginning of the event.
15. Choice of Law, Jurisdiction and Venue.
15.1 This Agreement is made under and shall be construed according to the laws of the United Kingdom. English courts situated in London, England (Court) shall have exclusive jurisdiction over any dispute involving this Agreement. The parties agree that all claims shall be brought before the Court and venue shall be solely vested in the courts, located in London, England. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
15.2 You agree that jurisdiction for disputes concerning or arising from your use of the domain name shall be in either the courts of the jurisdiction in which you reside, or those set out in paragraph 15,1 above. The prior sentence shall apply only to disputes between you and a third party regarding your use of the domain name. Any disputes regarding this Registration Agreement shall be governed by paragraph 15.1 above.
16. No Waiver.
No waiver of rights under this Registration Agreement shall constitute a subsequent waiver of this or any other right under this Registration Agreement.
In the event that any of the terms of this Registration Agreement become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Registration Agreement. All remaining terms of this Registration Agreement shall remain in full force and effect.
18. No Modification
This Registration Agreement is the entire agreement between the parties. We may revise, amend, or modify this Registration Agreement at any time. This Registration Agreement may not be amended or modified by you except by a written document signed by both you and our authorized representative. This provision does not apply to changes mandated by the ICANN or any domain name registrar. You may not terminate this Registration Agreement or any other agreement for any reason based on such a change.
You shall have the rights and obligations necessary to resell the Services as set out in Part 3.
The following paragraphs shall survive the termination or expiration of this Registration Agreement: 10, 11, 12, 13, 15, 20
By entering into this Agreement, you also agree to be bound by the additional policies and registration agreements set out below as applicable to the top level domain you purchase from us ("TLD Specific Provisions"). If there is a conflict between the terms of the TLD Specific Provisions and this Agreement, the TLD Specific Provisions shall govern.
1. .com and .net
1.1 You agree to be bound by the ICANN Uniform Dispute Resolution Policy. The policy is located here: http://www.icann.org/dndr/udrp/policy.htm. In addition, should a dispute arise concerning registration and/or use of the Domain Name, you agree to submit to the jurisdictions of the courts where you are domiciled, or where we are located (London, England). You agree that this consent to jurisdiction is without prejudice to other potentially applicable jurisdictions.
1.2 You agree to be bound by the domain name transfer agreement located here: http://www.icann.org/transfers/policy-12jul04.htm.
1.3 You agree to indemnify, defend and hold harmless VeriSign, Inc., and its directors, officers, employees, agents, and affiliates 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 domain name registration.
You agree to indemnify, defend and hold harmless Public Interest Registry and its subcontractors, shareholders, directors, officers, employees, agents and affiliates 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 domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.
You agree to indemnify, defend and hold harmless Afilias Limited, 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 domain name registration. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
4.1 Registrations in the .biz top level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS: (1) to exchange goods, services, or property of any kind in the ordinary course of trade or business; or (2) to facilitate the exchange of goods, services, information, or property of any kind in the ordinary course of trade or business.
4.2 "Bona fide business or commercial use" excludes registering a domain name solely for the purposes of: (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation.
4.3 When you submit a Registration Application, you certify the following, to the best of your knowledge:
(1) The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purpose of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the Domain Name for compensation;
(2) The registered domain name is reasonably related to your business or intended commercial purpose at the time you submit the Registration Application.
4.4 You acknowledge having 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 Registration Agreement.
(i) The Uniform Domain Name Dispute Resolution Policy (UDRP). Currently available at http://www.icann.org/udrp/udrp.htm; and
(ii) The Restrictions Dispute Resolution Criteria and Rules, currently available at http://neustar-registry.biz/?q=node/51
The UDRP sets forth the terms and conditions in connection with a dispute between you and any party other than the registry operator or us over the registration and use of an Internet domain name registered by you.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the restrictions will be enforced directly by or through registry operator. Registry operator will not review, monitor. Or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the UDRP processes.
4.5 You agree to indemnify, defend and hold harmless NeuStar, Inc., 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 registration of the Domain Name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
5.1 In addition to any other warranties and representations you make to us, you acknowledge that your willful or grossly negligent provision of inaccurate or unreliable information, or your willful or grossly negligent failure promptly to update information provided to us shall constitute a material breach of this Registration Agreement and be a basis for cancellation of your domain name. You further agree that you will not receive a refund of any fees paid to us for violations of this Registration Agreement specifically applicable to the .us tld. Included within this "no refund" policy, is your refusal to verify the data you've provided to us in your Registration Agreement or that is required for us to display in a "who-is" field.
5.2 If we have agreed to allow you to resell .us tlds, you agree that you remain responsible for the actions of your customers and for the data they provide you. You further agree that you have disclosed to your customers in writing how the data they supply to you will be disclosed, and that such a use is consistent with the data use policy set out in this Registration Agreement and this subsection.
5.3 You represent, to the best of your knowledge and belief, that 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.
5.4 You agree to indemnify and hold harmless NeuStar, Inc., the U.S. Department of Commerce, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to your (i) domain name registration and (ii) use of the domain name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
5.4 You represent and warrant that you meet the following criteria ("Nexus Requirements"):
You are a natural person (i) who is a United States citizen, (ii) a permanent resident of the Unites States of America or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States of America or any of its possessions; or
You are an entity or organization that is (i) incorporated within one of the fifty U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories; or
You are 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 of America or any of its possessions or territories. A "bona fide presence" means that you have real, substantial lawful contacts with, or lawful activities in, the United States of America.
5.5 Your compliance with the Nexus Requirements will be verified. You are required to respond to all requests for verification of the Nexus Requirements within 10 business days, and agree that your failure to do so shall be a material breach of this Registration Agreement. The methods that you may use to verify the Nexus Requirements are set out at: http://nic.us/policies/docs/ustld_nexus_requirements.pdf.
5.6 You agree to comply with the United States Dispute Resolution Policy (usDRP) located at: http://nic.us/policies/docs/usdrp.pdf.
5.7 You agree to comply with the Nexus Dispute Policy (NDP) located at: http://nic.us/policies/nexus_dispute_policy.pdf.
6.1 You are required to provide verifiable support in your Registration Application that you are you are a person, organization, association, or a private, governmental or non-governmental agency who is a significant participant in one of the following industries ("Travel Industry Information"):
b. Attractions/Theme Parks
c. Bed and Breakfast Houses
d. Bus/Taxi/Limousine Operators
e. Camp Facility Operators
f. Vehicle Rental Companies/Airport Specialty Car Park Companies
g. Computer Reservations/Travel Technology Provider
h. Convention and Visitor's Bureaus
i. Cruise Lines
i. National Tourism Offices
m. Passenger Rail Lines
o. Tour Operators
p. Travel Agents
q. Travel Media
r. Travel-Consumer and Market Research Organizations
s. Travel Insurance
t. Travel Training Institutions
u. Suppliers of goods or services to the eligible industry participants set out in these defined sectors.
6.2 Both we, and the .travel registry, reserve the right to audit the Travel Industry Information you provide in your Registration Application. You agree to cooperate with such an audit, and provide all information requested.
6.3 Should you cease providing services associated with the travel industry, you forfeit your right to use the .travel extension. You agree to provide notice to us within fourteen days of the date on which you cease providing these services, or disassociation with the industry. At that time you agree to relinquish your domain name registration within thirty days following the time you cease providing those services.
7.1 Name extensions must be based on your personal name. This is your legal name, or name by which you are commonly known. It can also include without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
7.2 On your Application, you must format your domain name request at the third level, in the format <first name>.<last name>.name or <last name>.<first name>.name. However, SLD E-mail addresses will be registered in the format <first name>@<last name>.name or <last name>@<first name>.name.
Part 3 Reseller Provisions
1.1. This Reseller Agreement is between UK2 and you. We grant to you, a non-exclusive, non-transferable right to market and resell the services set out in Part 1 of this Agreement (Services) to third parties to whom you resell, or provide, the Services (End User). Any such sale is based on this Part 3 and any agreements incorporated by reference.
1.2. We have no relationship with an End User. You agree to indemnify and hold us fully harmless from any claims made against us by an End User based on the Services we, or any party providing services through us, provides.
1.3. This Reseller Agreement does not give you an exclusive, or any, territory. Nor does it create an exclusive relationship with us. We may, and will, enter into other, and different reseller relationships with other entities on terms that may differ from these. Other companies, including UK2 and our other resellers, can and will compete against you.
2. The Services
2.1. You may not represent yourself as authorized to sell our products other than the Services.
2.3. The Services will be provided to your End Users in the same manner as we would provide the Services to the general public, other than set out herein, we will not treat End Users differently from customers who contract directly with us for the same Services you resell.
3. Your Obligations
3.1. You may promote, distribute and market the Services using the trademarks, service marks or other designations that you deem appropriate. These marks may not infringe on, or denigrate, our marks or those of any other entity. You may not use, or register, our trademarks or copyrighted material. However, you may not display the ICANN or ICANN-Accredited Registrar logo, nor may you in any way represent yourself as accredited by ICANN unless you have specific written authorization from ICANN to do so.
3.2. You will have sole responsibility for assuring compliance with the provisions of your contracts with End Users, and for otherwise reasonably protecting our rights in the Services, including, but not limited to, our right to be free from abuse or misconduct by End Users.
3.3. You will include in your contracts with End Users terms and provisions at least as protective of our rights, and those of our partners, as Parts 1 and 2 of this Agreement and the ICANN Agreement. Any agreement with your End Users shall include all provisions set out in the ICANN Registrar Accreditation Agreement, and any Consensus Policies that a registrar is required to include in their contracts with domain name registrants. You must also identify us as the sponsoring registrar, or provide a or some other method of identifying us. In addition, upon your End User's request, you must identify us as the registrar.
3.4. We will escrow the name you give us, email address, telephone number, fax number, and if provided, the postal address of the billing contact for each domain name registered. However, if you select our domain name privacy service, this information WILL NOT be escrowed. What this means is that should our business fail, a third party would not be able to contact you to facilitate recovery or transfer of your domain name.
3.5. ICANN may establish a webpage containing information that must be provided to registrants. If this page is made available to us, and we are required to display a link to it, you will also be required to display a link to it. We agree to provide notice of this requirement to you.
3.6. You are required to comply with all of our reasonable requests to demonstrate compliance with this Agreement, our Registration Agreement, and any agreements or policies incorporated by reference. Should a site visit be required, you consent to such a visit.
4. Term and Termination
4.1. This Reseller Agreement begins on the Effective Date and continues for an initial twelve months (Term) unless terminated by a party as set out herein. After the expiration of the Initial Term, the Agreement will renew for successive periods of equal length (Renewal Term). If the Application does not contain an Initial Term, the Initial Term shall be one year.
4.2. This Reseller Agreement may be terminated by the either party upon written notice should there be the occurrence of a material breach which has not been cured within ten days of such notice, or which is not capable of cure.
4.3. Upon the date of the termination of this Reseller Agreement, you will immediately cease marketing the Services.
5.1. The fees and charges for the Services are set out on Appendix A (Fees).
5.2. You will have the right to determine, at your sole discretion, the prices or fees that you charge for the Services you resell. You are solely responsible for collecting all charges, including, but not limited to, applicable taxes, related to the Services, from End Users.
6.1. We represent that we have the right to provide the Services to you and the End Users and to enter into this Part 3 with you.
6.2. We shall be able to rely, and take action based, on the information provided by you and End Users.
7. No warranties
Any claims, warranties, promises or other representations about the Services must be yours alone. You may not make any warranties on our behalf.
8.1. Each party shall comply, at its own expense, with the provisions of all federal, state, provincial and local laws, regulations, ordinances, requirements and codes which are applicable to it in connection with the performance of its obligations pursuant to this Part 3.
8.2. We are each independent parties. Nothing in this Part 3 will be construed to make one party an agent, employee, franchisee, joint venture, partner or legal representative of the other party. Neither party will have, nor represent itself to have, any authority to bind the other party or to act on its behalf other than as expressly set out in this Part 3.
Last Modified: 7th April 2010