Nominate Terms and Conditions of Sale
Names and webspace provided are registered through Nominate ("BB Online Limited") and are done so under the following terms and conditions: These are the terms and conditions of a Contract for the registration, use and maintenance of a domain name in the register of domain names, which is made between the person or organisation applying to register the domain name ("the Applicant") and BB Online Limited ("BB Online").
CcTld's (ie. .nz, .co.uk, .ie. etc) are subject to additional terms & conditions. See sections. 15 & 16.
1. Applicants Registration Obligations
The Applicant :
1.1 Warrants to BB Online that the details submitted in the application to BB Online are true and correct and undertakes to notify BB Online promptly of any change that occurs to those details.
1.2 Warrants to BB Online that the domain name does not, directly or indirectly, infringe the rights of any third party.
1.3 Warrants to BB Online, not to use the domain name in any unlawfull manner.
1.4 Will pay the registration and maintenance fees within 14 days of BB Online's invoice for those fees.
1.5 Agrees and grants BB Online in the event of a charge back by a credit card company (or nonpayment of fees) to let the domain name(s) in question be transferred to BB Online. BB Online then may do with this domain as BB Online sees fit to do so.
1.6 Consents to the inclusion of personal data in the application being held in the register of domain names and (subject to the EU Directive on Data Protection 95/46/EC and the provisions of the UK Data Protection Act, 1999 ) to that data being made available to those who wish to obtain information concerning the registration of the domain name or related purposes.
1.7 Agrees to be bound the the current ICANN uniform Domain-Name dispute policy
1.8 BB Online according to ICANN rules will make public some of this information, (name, address, phone and fax number, domain name, nameserver names and IP addresses) via a whois directory and bulk access to this directory as (mandated by ICANN). BB Online agrees not to provide third parties (except whois directory and bulk access to whois directory as mandated by ICANN) with any information other than that which is necessary for technical operation of the domain name.
1.9 The applicant consents to the data processing involved in this contract.
1.10 The applicant understands that a domain is for a fixed period only and is responsible for the payment of renewal fees when they become due.
1.11 The applicant understands that notice has been provided to any third-party individuals whose Personal Data are supplied to BB Online by the applicant, and that the applicant has obtained consent of any such third-party individuals.
1.12 BB Online shall take reasonable precautions to protect Personal Data from loss, misuse, unauthorised access or disclosure, alteration, or destruction.
1.13 Bulk access opt out policy. BB Online assumes all domain name holders who are individuals wish to opt out of inclusion in bulk access of data. As such BB Online will not distribute this data unless specifically authorised to do so.
1.14 The Registered Name Holder shall provide to BB Online accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorised person for contact purposes in the case of an Registered Name Holder that is an organisation, association, or corporation; and the follow data elements. The names of the primary nameserver and secondary nameserver(s) for the Registered Name; The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
1.15 Agrees and understands that willful provision of inaccurate or unreliable information, or willful failure promptly to update information provided to BB Online, or failure to respond for over fifteen calendar days to inquiries by BB Online concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of this contract and be a basis for cancellation of the Registered Name registration.
1.16 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its 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 Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.
1.17 Provision of Accurate contact information.
Agrees to provide current and accurate information about themselves.
Agrees to maintain and update this information as needed to keep it current, complete and accurate.
Agress to supply: name, postal address, e-mail address, telephone number, and if available a facsimile number.
If subject to GDPR, the applicant gives contractual consent to collect and process this information.
You agree and understand that the type of information you are required to provide may change overtime,
Failure to supply further required information may result in the suspension or termination of your domain.
Failure to supply accurate contact information will result in the suspension and eventual termination of the domain name.
Agrees not to hold BB Online liable for any such losses or any damages associated with the above actions.
Agrees to notify BB Online within five business days when any of the information you provided as part of the registration process changes.
It is your responsibility to keep this information upto date and accurate.
Failure by the Applicant. for whatever reason, to provide BB Online with accurate information, shall be considered to be a material breach of this Agreement.
Failure by the Applcant, for whatever reason, to respond within five business days to any inquiries made by BB Online to determine the validity of information provided, shall also be considered to be a material breach of this agreement.
Agrees to retain a copy for your record of the receipt for purchase of your domain name or Services.
1.18 Acknowledges and agrees that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator.
As required by ICANN, this information may also be required to be made publicly available by means of Whois and/or the registry operator may also be required to make this information publicly available by Whois.
In addition, you acknowledge and agree that certain registries require this information be made publicly available even to those who are subject to GDPR. This includes but is not limited to the following ccTLDs: .asia, .ca, .cn, .uk, .co.uk, .de, .eu, .in, .id, .me.uk, .nu, .li, .ch, .fr, .sg, .com.sg, .org.uk, .us, .es, .com.es, .nom.es, .org.es, .com.au, .net.au, .paris, .vote, .voto, .xn--3ds443g, .nyc, .org.au.
Both BB Online and the registry operator may be required to archive this information with a third party escrow service. The applicant consents for all such requirements and disclosures.
Third Parties
You agree if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure.
1.19 BB Online for its part agrees that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder above.
1.20 In the case of the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) the courts of England and Wales.
1.21 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by BB Online or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
1.22 Agrees to be bound by ICANN's Uniform Domain Name Dispute Resolution Policy. UDRP - http://www.icann.org/udrp.
1.23 Agrees to be bound by ICANN's Uniform Rapid Suspension Policy / URS. https://www.icann.org/urs-en.
1.24 Agrees and understands ICANN's Registrant Rights and Responsibilities https://www.icann.org/resources/pages/educational-2012-02-25-en.
1.25 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its 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 Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
Applicants Hosting Obligations
applicable to BB Online Ltd hosting and email accounts, not domain name registration :1.20 Warrants not to use the web site for adult, pornographic or any other purpose that may be construed as offensive to public morality.
1.21 Will not use the site for mass mailing / spam / music / video streaming, chat rooms or irc bots.
1.22 Accepts absolute responsibilty for the content of the site and indemnifies BB Online against any claims whatsoever for any costs arising from the content or operation of the site.
1.23 Will only display proprietary material on the site when the applicant has obtained the written permission of the owner to do so.
1.24 Will not store more data on the site than the allocated number of megabytes.
Applicants General Obligations
1.25 Agrees to keep all passwords confidential and will not divulge them to any other individual. Should there be a lapse in the security the applicant will notify BB Online immediately.1.26 Agrees to abide by BB Online's acceptable use policy. Violation of our acceptable use policy may result in the suspension or termination of your access to our services - without warning. We also reserve the right to bill any customer for administrative costs and/or reactivation charges incurred.
1.27 Agrees and acknowledges that BB Online is not responsible for any email and/or its contents sent to the client (spam or otherwise) via our mailservers or by any other means.
1.28 Agrees and acknowledges that BB Online may change these terms and conditions at any time.
1.29 Agrees to take full responsibility for the security of the data held and to take regular back up copies of the data. BB Online will not be responsible to loss of data.
Domain Trustee Agreement
1.31 By using our trustee service you have entered a contract between yourself and BB Online Ltd regarding ownership of the domain being held in our Trustee Service. BB Online agrees to register the domain in the name of our local trustee in the country in question. The trustee agrees to make the domain available for your use. Subject to the application being approved by the local naming authority. A Certificate of Ownership will be issued by BB Online to the domain registrant upon request.1.32 Customers Responsibilities:
The Customer guarantees that neither the domain nor the contents to be placed on the website violate any 3rd-party rights, statutory bans or generally-accepted moral precepts; the Customer will not place any pornographic content, gambling contents or glorify terrorism on the domain name. They must promptly inform the BB Online UK Limited and the Trustee by post and email about any matters relevant the domain, in particular any change of the ownder or initiation or threat of legal proceedings.The Trustee Agreement shall not have the right to assign the rights and obligations rising from this contract to a third party without written consent of the Trustee. The Customer shall immediately provide the trustee detailed answers to the its inquires regarding the domain registration by post and email, at latest however within 24 hours of receipt. The Customer shall maintain correct contact details at BB Online UK Ltd and explicitly allows BB Online UK Ltd to provide the Trustee with this contact data. If the Customer cannot be reached through the contact data provided or does not answer an inquiry of the Trustee within the set deadline, the Trustee may take necessary steps, in particular transfer the said domain to the customers name, regardless of their status, cancel the domain if an actual or claimed legal violation is present. We and the trustee retain the right to refuse, withhold, suspend, or cancel any order we find questionable.
1.33 Trustee Responsibilities:
The Trustee must fulfill its duties as registrant of the domain name as a fiduciary of the Customer. The Trustee holds the domain name on behalf of the customer.
1.34 Third party disputes:
If the Trustee is subject to a legal or administrative action to release or cancel the domain, The Trustee may in particular transfer the said domain to the customers name, cancel the domain or terminate their trustee services without notice.
1.35 Trustee`s Liability:
None. The trustee provides a suitable local prescence which may be terminated at any time.
1.36 Liability of the Customer:
The Customer indemnifies the Trustee from all costs, damages and detriments incurred due to a third party claims and suits whether justified or not, made in or out of court - against the Trustee on the basis of the domain registration and the contents of the website posted under the domain name.
Payment Via Bank Transfer
1.33 If you opt to pay via bank transfer, you accept that it is your responsibility to ensure that BB Online is not only in receipt of the payment but also understands what the payment is for. An email sent as confirmation is NOT sufficient. A domain can only be considered to be renewed or registered once you have confirmation that we have received and recognised what the payment is for. If there is any confusion over what the payment is for or whom the payment is from then the domain(s) may not be renewed and will be deleted.2. BB Online's Registration Obligations
BB Online will:2.1 Process the application in accordance with its current policy on registration and use of domain names in the register of domain names.
2.2 Enter the domain name in the register of domain names on a "first-come; first-served" basis, whether or not BB Online has received payment of the registration fee.
2.3 Notify the Applicant (or agent) of the outcome of the application. If the application is not accepted, BB Online will return the registration fee paid within 28 days .
2.4 Use its reasonable endeavours to ensure that details of the Applicants registration are correctly entered and maintained in the register of domain names.
2.5 Shall abide by any ICANN adopted specifications or policies prohibiting or restricting warehousing of or speculation in domain names by registrars.
3. Cancellation or Suspension of Registration.
3.1 If the Applicant does not pay the fees for registration and renewal of a domain name within 14 days of BB Online's invoice, BB Online may cancel the registration of that domain name without further notice to the Applicant. If a domain name is cancelled for non-payment of fees, it may transferred to BB Online, another company or it may be made available again.3.2 In exceptional circumstances, BB Online may cancel or suspend the registration of a domain name or transfer ownership of a domain name to or from BB Online Limited. Registration and renewal fees will not be refunded where a domain name is cancelled or suspended in any exceptional circumstances. Exceptional circumstances include, but are not limited to, the submission to BB Online of false or misleading information by the Applicant in an application for registration of a domain name; breach of this contract by the Applicant; situations where registration would, in BB Online's opinion, put BB Online in breach of statutory or regulatory obligations or the terms of any court order; or where continued registration of a particular domain name would conflict with BB Online's policy on registration and use of domain names in the register of domain names which is in force at that time.
3.3 An Applicant may ask BB Online to cancel the registration of a domain name at any time by notice in writing to BB Online. BB Online will remove the registration from the register of domain names within 30 days of receiving the Applicants notice. No refund of any registration or renewal fees will be made.
3.4 The Applicant understands that failure to supply true and correct data as in clause 1.1 may result in BB Online cancelling the registration and deleting the domain(s) without notice.
4. Transfers
4.1 No domain name is owned by any Applicant and an Applicant only has the right to use a domain name registered in the register of domain names, for so long as registration and renewal fees are paid (and subject to BB Online's cancellation rights referred to previously). Transfers to a third party of the right to use a domain name registered in the register domain names can only be made by the third party applying for registration of the domain name, with the present Applicants consent, and on payment of the registration fee in force at the time. If the domain name is not in dispute BB Online will process that application in accordance with its policy on registration / use of domain names and its Terms and Conditions, in force at that time.4.2. You may not transfer a domain whilst it is iindispute.
4.3 You may not move your domain name to another registrar during an applicant transfer, moving registrars may only take place 60 days or more after such a transfer.
5. Applicants Indemnity to BB Online and its personnel.
5.1 The Applicant understands that BB Online does not accept any liability in respect of the use by the Applicant of a domain name in the register of domain names or for any conflict with the rights of any third party in respect of any trade mark or service mark (registered or unregistered), business name, or words or phrases. The Applicant also understands that registration of a domain name in the register of domain names does not give any immunity from objections or claims by third parties in respect of the registration or use of that domain name.5.2 The Applicant agrees to indemnify and hold harmless each of BB Online, its directors, employees and agents against any loss and/or damages (including legal costs) awarded by a court of competent jurisdiction as a result of any claim arising out of, or in connection with, the registration or use of the Applicants domain name. Such claims include, but are not limited to, claims of infringement of any trade mark, service mark, business name, or other rights in words or phrases, and claims for defamation or injury to business reputation.
5.3 The Applicant agrees that BB Online may turn off, suspend or delete any domain which conflicts with the rights of any third party in respect of any trade mark or service mark (registered or unregistered), business name, or words or phrases.
6. Applicants Indemnity to Verisign INC and its personnel.
6.1 The Applicant understands that Verisign does not accept any liability in respect of the use by the Applicant of a domain name in the register of domain names or for any conflict with the rights of any third party in respect of any trade mark or service mark (registered or unregistered), business name, or words or phrases. The Applicant also understands that registration of a domain name in the register of domain names does not give any immunity from objections or claims by third parties in respect of the registration or use of that domain name.6.2 The Applicant agrees to indemnify and hold harmless each of Verisign, its directors, employees and agents against any loss and/or damages (including legal costs) awarded by a court of competent jurisdiction as a result of any claim arising out of, or in connection with, the registration or use of the Applicants domain name. Such claims include, but are not limited to, claims of infringement of any trade mark, service mark, business name, or other rights in words or phrases, and claims for defamation or injury to business reputation.
7. Applicants Indemnity to - Public Interest Registry ("PIR") and its personnel.
7.1 The Applicant understands that PIR does not accept any liability in respect of the use by the Applicant of a domain name in the register of domain names or for any conflict with the rights of any third party in respect of any trade mark or service mark (registered or unregistered), business name, or words or phrases. The Applicant also understands that registration of a domain name in the register of domain names does not give any immunity from objections or claims by third parties in respect of the registration or use of that domain name.7.2 The Applicant agrees to indemnify and hold harmless each of PIR, its directors, employees and agents against any loss and/or damages (including legal costs) awarded by a court of competent jurisdiction as a result of any claim arising out of, or in connection with, the registration or use of the Applicants domain name. Such claims include, but are not limited to, claims of infringement of any trade mark, service mark, business name, or other rights in words or phrases, and claims for defamation or injury to business reputation.
8. BB Online's Liabilities.
8.1 All implied conditions and warranties by BB Online are excluded.8.2 BB Online will not be liable for any loss of profit, loss of anticipated savings, or any other commercial damage including, but not limited to, special incidental, consequential, business interruption or other indirect damages, under any cause of action arising out of, or relating to, this contract even if BB Online has been advised of the possibility of such damages. Subject to statute, the liability of BB Online to the Applicant for any claim arising out of or relating to this contract, or for negligence in the performance of this contract, does not exceed the aggregate amount paid to BB Online by the Applicant for registration and renewal fees in the current period of registration.
9. Bulk Access of Data.
9.1 BB Online will provide bulk access to the whois data as manadated by ICANN, subject to the following restrictions..9.2 The data is not used to allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam).
9.3 The data is not to be used to enable high-volume, automated, electronic processes that apply or affect the Registrar (or its systems).
9.4 The data is not to be sold or redistributed except insofar as it has been incorporated by the requesting third party into a value-added product or service that does not permit the extraction of a substantial portion of the bulk data from the value-added product or service for use by other parties.
9.5 Registrar enables domain name holders who are individuals not to have Personal Data concerning their registrations available for bulk access for marketing purposes based on Registrar's "Opt-Out" policy.
10. Violations of BB Online's Acceptable use policy
The following constitute violations of this acceptable use policy:10.1 Illegal use. Using the services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, national or international law.
10.2 Threats. Using the services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
10.3 Harm to minors. Using the services to harm, or attempt to harm, minors in any way.
10.4 Harassment. Using the services to transmit/point any material/name (by email, uploading, posting, or otherwise) that harasses another.
10.5 Fraudulent activity. Using the services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes" , "chain letters" , etc.
10.6 Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
10.7 Unsolicited commercial email/Unsolicited bulk email. Using the services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
10.8 Unauthorised access. Using the services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of BB Online's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
10.9 Copyright or trademark infringement. Using the services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorised copying of copyrighted material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyrighted software.
10.10 Collection of personal data. Using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
10.11 Reselling the services. Reselling the services without BB Online's authorisation.
10.12 Network disruptions and unfriendly activity. Using the services for any activity which adversely affects the ability of other people or systems to use BB Online services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services or network equipment is prohibited. It is the customer's responsibility to ensure that their network is configured in a secure manner.
10.13 Long Connections and Multiple Logins. Customers may not use the services on a standby or inactive basis in order to maintain a connection. Accordingly, BB Online maintains the right to terminate any customer's connection following any extended period of inactivity as determined by BB Online.
10.14 Exceeding Web Site Size and Traffic Limitations: Each customer's webspace is allocated a certain amount of traffic per month (traffic is calculated on a formula multiplying the number of hits that your site receives by the size of your files). If a site exceeds either its maximum size or its maximum monthly allotment of traffic, the site may become unavailable and you will be required to upgrade your hosting package accordingly. Unavailability includes but may not be limited to the inability to access the site publicly or to publish to or modify the site's contents via certain Web creation tools.
11. When registering .INFO names the registrant agrees:
11.1 Consent to the use, copying, distribution, publications, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 of the Registry / Registrar license agreement;11.2 Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) and the Sunrise Dispute Resolution Policy (SDRP).
11.3 Immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name.
11.4 Acknowledge that 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: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
12. When registering .BIZ names, the registrant agrees
12.1 to provided data which is true, correct, up to date and complete. The registrant will keep the information provided above up to date.12.2 that 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 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.
12.3 that they have the authority to enter into the registration agreement
12.4 the registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.
13. .Biz Dispute Resolution Services
13.1 The Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:(i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp;
(ii) The Start-up Dispute Resolution Policy ("SUDRP"), available at http://www.neulevel.biz; and
(iii) The Restrictions Dispute Resolution Criteria and Rules found at http://www.neulevel.biz
The SUDRP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Start-up Intellectual Property Notification Service ("SIPNS"). SIPNS is a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the SUDRP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.
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 SUDRP or UDRP processes.
14. Reservation
14.1 The registry Operator reserves the right to deny, cancel or transfer any registration that it deems necessary, in its 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 Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) for violations of this Agreement and its Exhibits; or (5) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration. Registry Operator also reserves the right to freeze a domain name during resolution of a dispute.15. .nz - New Zealand Names
Except where explicitly stated, these are the terms and conditions of a Contract for the registration, use and maintenance of a .nz domain name. In the situation where there are conflicting clauses, the terms in section 15 are deemed to apply.The .nz names are managed by the New Zealand NIC whose policies can be found at http://dnc.org.nz/policies
15.1 BB Online's Obligations. We agree that we will:
15.1.1 Comply with all .nz policies and accurately represent these to you;
15.1.2 Disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
15.1.3 Comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
15.1.4 Process any new .nz domain name registrations with the registry within 48 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9am.- 5pm GMT, Monday-Friday;
15.1.5 Notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
15.1.6 Arrange for correction of any error in the information in the register about any domain name registered to you when requested;
15.1.7 Provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
15.1.8 Use your personal information only as authorised by you;
15.1.9 Take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
15.1.10 Comply with any order of any authority having jurisdiction regarding any domain name registered to you;
15.1.11 Use our best endeavours to deal with any complaints you may have about the services we provide for you.
15.2 The Registrant's Obligations. You agree that you will:
15.2.1 Comply with the .nz policies. You agree that you have read and understood the current policies;
15.2.2 Make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
15.2.3 Keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
15.2.4 Satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
15.2.5 Ensure that you only use our services for a lawful purpose;
15.2.6 Ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
15.2.7 Ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
15.2.8 Protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
Duties of Other Persons
15.2.9 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
15.3. Registration of a Domain Name. When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
15.3.1 That the following information becomes available to any member of the public: your name, your contact details and the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
15.3.2 The domain name is registered in your name only because no other person has it according to the records of the register; and
15.3.3 Neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
15.3.4 That you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
15.4 Register is the Record For all purposes the details shown in the register shall be treated as correct and the authoritative record.
15.5 Payment of Fees
15.5.1 You agree to pay for the services we provide for you, by credit card.
15.5.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
15.5.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
15.5.4 Our usual fees are for found on our prices page.
15.5.5 Our prices are stated in UKPounds, Euros, Danish Krowns and US Dollars and exclude VAT.
15.6 Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we may: Cancel registration of that domain name; or Refuse to provide a service you request.
15.7 Cancellation of a Domain Name
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you at least fourteen days notice before we initiate action to cancel that domain name.
15.8. Exclusion of Liability
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of :
15.8.1 InternetNZ, the registry and any other entity we are in any business relationship with;
15.8.2 Every officer, employee, contractor, agent of us or any entity in clause 15.8.1;
15.8.3 Anyone else we get to perform our duties under any agreement you have with us. None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
15.9. Limitation of our Liability We have excluded all other liability we or any of the persons specified in clause 15.8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 15.8 then this clause applies. Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.
15.10. Law and Jurisdiction Applying to this Agreement
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 15.14 says otherwise. To the extent legally permitted:
15.10.1 All our services are provided under New Zealand law;
15.10.2 Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
15.10.3 Except as otherwise stated, you may take action against us only in a New Zealand court, unless an alternative venue is agreed by both parties;
15.10.4 Where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
15.11. Cancelling the Agreement
15.11.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
15.11.2 We may end the agreement for any other reason by giving you one month's notice.
15.12. More Than One Person
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
15.13. Each Clause Separately Binding Each clause of the agreement you have with us is separately binding. If for any reason we, you, or any of the persons specified in clause 15.8 cannot rely on any clause, all other clauses of it are binding.
15.14. Rights and Responsibilities that Continue The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 15.2, 15.4 - 15.10, 15.12 - 15.13, and this clause 15.14.
16. .Mobi Names
16.1 Registered Name Holder shall:16.1.1 Indemnify to the maximum extent permitted by law, 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 the Registered Name Holder's domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement;
16.1.2 Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement;
16.1.3 Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (dotmobi), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to BB Online Limited being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement.
16.1.4 Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN;
16.1.5 Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;
16.1.6 Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy;
16.1.7 Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP");
16.1.8 Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name;
16.1.9 Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.
16.1.10 Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.
16.1.11 Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.
16.1.12 Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.
17. .Asia Names
17.1 Registered Name Holder shall:17.1.1 Shall comply with the DotAsia Charter Eligibilty Requirements Policy. Dot Asia is a restricted domain and you MUST comply with the registration policy. In order to be eligible for a .ASIA domain, at least one of the Domain Contacts associated with the Domain Name must be a legal entity in the DotAsia Community.
17.1.2 Indemnify to the maximum extent permitted by law, 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 the Registered Name Holder's domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement;
17.1.3 Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement;
17.1.4 Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, The Dot Asia Organisation. (dotasia), the Registry Operator of the .asia TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotasia have vested and that dotasia has relied on its third party beneficiary rights under this Agreement in agreeing to BB Online Limited being a registrar for the .asia top-level domain. Additionally, the third party beneficiary rights of dotasia shall survive any termination or expiration of this Agreement.
17.1.5 Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN;
17.1.6 Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;
17.1.7 Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy;
17.1.8 Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP");
17.1.9 Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name;
17.1.10 Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration.
17.1.10 Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.
17.1.12 Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.
18. .Jobs Domain Names
18.1 By registering a .jobs name you are agreeing to the Registrar's Registrant Agreement, the Registered Name Holder agrees to the .jobs Registry-Registrant Agreement, as amended from time to time at the sole discretion of Registry Operator. The .jobs Registry-Registrant Agreement, as posted at Registry Operator's website.18.2 The Registered Name Holder represents and warrants that the Registered Name Holder, during the application for the Registered Name and at all times during the existence of the Registered Name in the Registry Database, complies with: (i) the registrant eligibility requirements as provided by Registry Operator and as modified from time to time; and (ii) the .jobs domain use restrictions as provided by Registry Operator and as modified from time to time. The registrant eligibility requirements and the use restrictions are posted on Registry Operator's website nic.jobs.
18.3 The Registered Name Holder acknowledges that the Registered Name Holder has read, understands and agrees to be bound by the .jobs Registry-Registrant Agreement, the registrant eligibility requirements and the use restrictions.
18.4 Registry Operator, in its sole discretion, may revoke, cancel, deny, transfer, suspend, terminate or otherwise modify the rights of a Registered Name Holder, without any notice thereto, in the event of non-compliance by the Registered Name Holder with any provision of the Registrar's Registration Agreement, the Registry-Registrant Agreement, the registrant eligibility requirements and the use restrictions, including but not limited to submission or use of untruthful, incomplete or fraudulent registration information during the application process or subsequently thereto.
18.5 The Registered Name Holder shall indemnify, defend and hold harmless Registry Operator and its subcontractors, shareholders, directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration. The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.
18.6 Registry Operator is an intended third party beneficiary of the Registrar's Registration Agreement, with a right to enforce the terms and provisions contained therein.
19. .Coop Domain Names
19.1 Agree to abid by the DotCoop registry Eligibility Criteria, the Charter Eligibility Dispute Resolution Policy ("CEDRP") and DotCoop Domain Name Dispute Resolution Policy ("DCDRP") found at http://www.nic.coop/dispute.asp.20. .SE / .NU Domain Names
BB Online Limited (the Registrar) who is an Swedish Foundation for Internet Infrastructure / Stiftelsen for Internetinfrastruktur (.SE) Accredited Registrar, and You / the Company (the Domain Owner)
If you are entering into this Agreement on behalf of a company or other legal entity, you hereby represent that you have the authority to bind such entity to the terms and conditions of this Agreement.
20.1 The Terms and Conditions of Registration, as provided by .SE from time to time, are valid for all Domain Names under the Top-level Domain .se, as long as the Domain Name is registered and independently of the contracting Registrar. You must agree to both BB Online's Terms and Conditions (here in) and the terms and conditions of iis.se. https://internetstiftelsen.se/en/how-to-register-a-domain-name/terms-and-conditions-for-se-and-nu-domains/. iis.se t&c's.
21. .Tel Domain Names
21.1 All .tel domain names are subject to the Telnic AUP. .Tel, Telnic Acceptable Use Policy (AUP) Further information may be found from the Telnic site at http://www.telnic.org.22. .Co Domain Names
22.1 All .co domain names are in addition subject to the .co nic's terms found at. http://www.cointernet.com.co/politicas-procedimientos.23. Other Domain Names
23.1.a All domain names are supplied subject to our terms and conditions in addition to those of the registry responsible for the domain.23.1 Other domain names are supplied subject to the terms and conditions of the registry responsible for the name. Other domain names include but are limited to those shown on the list below.
23.1.1 .cd domain names are subject to "the dot CD registry's" terms and conditions of sale, found at http://www.cd/conditions.en.html . 23.1.2 .ie domain names are subject to "the .ie Domain Registry's" terms and conditions of sale, found at http://www.domainregistry.ie .
23.1.3 .co.uk, org.uk, net.uk, ltd.uk, plc.uk and me.uk domain names are subject to "Nominet UK Ltd's" terms and conditions of sale, found at https://www.nominet.uk/go/terms.
23.1.4 .dk domain names are subject to "DK Hostmaster's" terms and conditions of sale, found at http://www.dk-hostmaster.dk .
23.1.5 .it domain names are subject to "Registration Authority Italiana's" terms and conditions of sale, found at http://www.nic.it/RA/index.html .
23.1.6 .ch domain names are subject to "The Swiss Education & Research Network's" terms and conditions of sale, found at http://www.switch.ch/id/terms/ .
23.1.7 .at domain names are subject to "Nic At's" terms and conditions of sale, found at http://www.nic.at/en/terms/ .
23.1.8 .uk.com and eu.com domain names are subject to "CentralNic's" terms and conditions of sale, found at http://www.centralnic.com/page.php?cid=71 .
23.1.9 .name domain names. The .name is a space for individuals' Personal Names. A Personal Name may be, without limitation, a name, nickname, pseudonym, alias, or something an individual or fictional character is commonly known as in its own social context. An individual can register a Personal Name, or a company or individual can register a fictional character to which it has rights. This is valid for both third level and second level registrations. For a full description of the Eligibility Requirements, please read http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm .
23.1.10 .nz domain names are subject section 15.
23.1.11 .me domain names are subject to The University of Montenegro's Center of Information System's terms and conditions of sale, found at http://www.registry.me .
23.1.12 .pl domain names are subject to NASK's terms and conditions of sale, found at http://www.dns.pl/english/regulations.html .
23.1.13 .ng domain names are subject to .NG Nic's Rules and regulations, found at NIRA rules & regulations.
23.1.14 .ro domain names are subject to .RO Nic's Rules and regulations, found at ROTLD rules & regulations & at ROTLD registrationagreement.
23.1.15 .za domain names must be registered in the name of the beneficiary.
24 BANK Domains.
24.1 Security "Registry Operator's Security Requirements" means those security requirements described at https://www.ftld.com/enhanced-security, which are approved by Registry Operator and incorporated by reference into this Registration Agreement.
24.2 Obligations of Registered Name Holder.
The Registered Name Holder acknowledge and agree that the Registry Operator reserves the right to deny, cancel or transfer any Registered Name registration or transaction, or place any Registered Name (s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration, or (iii) for the non-payment of Fees to Registry Operator.
24.3 Acceptable Use and Anti-Abuse Policies. Registrar prohibits the Registered Name Holder from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension of the domain name. Registrar shall at a minimum suspend the domain name if the Registrant behaves in this way. The Registrar shall not enable, contribute to, or willfully aid the efforts of any Registered Name Holder or other third party to evade or circumvent such prohibitions.
24.4 Time of Entry Disputes. Registered Name Holder agrees that in the event of any dispute concerning the time of the entry of a Registered Name registration into the Registry System, the timestamp shown in the Registry System records shall control.
24.5 The Registered Name Holder to agree to and comply with Registry Operator's policies and procedures, as they may be instituted or updated from time to time and published on the Registry Operator's website at https://www.ftld.com/policies/, including but not limited to: - Acceptable Use / Anti-Abuse Policy - Name Allocation Policy - Name Selection Policy - Privacy Policy - Registrant Eligibility Policy - Registrant Eligibility Dispute Resolution Policy - Reserved Names Challenge Policy - Sunrise Dispute Resolution Policy - Whois Access Policy
24.6 The Registered Name Holder indemnifies, defend and hold harmless the Registry Operator, Registry Service Provider, Registry Verification Agent, and other contractually obligated vendors, and in each case, their Affiliates, partners, subcontractors, subsidiaries, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors, and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action, or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney's fees and expenses, in any way arising out of, relating to, or otherwise in connection with, the Registered Name Holder's domain name registration. The Registration Agreement shall further require that this indemnification obligation of Registered Name Holder shall survive the termination or expiration of the Registration Agreement.
24.7 Compliance with Terms and Conditions. Registered Name Holder will comply with each of the following requirements:
ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
Registered Name Holder shall comply with, any and all applicable national, state or local law, regulation or court order in relation to its operations and registrations of the Registry TLD.
Registered Name Holder shall comply with, all Public Interest Commitments (as set forth in Specification 11 to the Registry Agreement, as amended from time-to-time) and community registration policies (as set forth in Specification 12 to the Registry Agreement, as amended from time-to-time).
The Registrant understands and accpeted that the use of privacy or proxy registration services is forbidden.
25 usTLD .US Names
Registrants in the usTLD must be either:
1.A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United 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 [Nexus Category 1],
2.A United States 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 any of its possessions or territories (including a federal, state, or local government of the United States or a political subdivision thereof, and non-commercial organizations based in the United States) [Nexus Category 2], or
3.A foreign entity or organization that has a bona fide presence in the United States of America or any of its possessions or territories [Nexus Category 3].
Prospective Registrants will certify that they have a “bona fide presence in the United States” on the basis of real and substantial lawful connections with, or lawful activities in, the United States of America. This requirement is intended to ensure that only those individuals or organizations that have a substantive lawful connection to the United States are permitted to register for usTLD domain names.
It shall be a continuing requirement that all usTLD domain name Registrants remain in compliance with Nexus.
Nexus Category 1
A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United 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.
Statement of citizenship or legal permanent residency required. If not completed, registration will be rejected.
Nexus Category 2
A United States 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 any of its possessions or (including a federal, state, or local government
of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States).
Nexus Category 3
A foreign entity or organization that has a bona fide presence in the United States of America or any of its possessions or territories.
Applicant must state country of citizenship.
Applicant must also (1) regularly engage in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the United States; or (2) maintain an office or other property within the United States.
Category 3 Nexus Certification
Prospective Registrants will certify compliance with Category 3 Nexus based upon substantial lawful contacts with, or lawful activities in, the United States.
actors that should be considered in determining whether an entity or organization has a bona fide presence in the United States shall include, without limitation, whether such prospective usTLD domain name Registrant: v Regularly performs lawful activities within the United States related to the purposes for which the entity or organization is constituted (e.g., selling goods or providing services to customers, conducting regular training activities, attending conferences), provided such activities are not conducted solely or primarily to permit it to register for a usTLD domain name and are lawful under the laws and regulations of the United States and satisfy policies for the usTLD, including policies approved and/or mandated by the DoC;
Maintains an office or other facility in the United States for a lawful business, noncommercial, educational or governmental purpose, and not solely or primarily to permit it to register for a usTLD domain name.
26. Force Majeure
26.1 All domains are subject to any changes that may be made by its owner and/or administrator. i.e. ICANN in the case of top level domains, and / or the country code administrator in the case of country codes. Any such changes are outside the control of BB Online, agents, partners, directors and employees.26.2 BB Online, agents, partners, directors and employees will not be responsible for any losses or damages ,direct or indirect resulting from any failure to perform any obligation or provide service hereunder because of any Force Majeure, or govenmental acts or directives, strikes, riot or civil commotion, war, any natural disaster, equiptment failures or shortages, or any other similar force or condition outside BB Online's control.
27. General.
27.1 These terms and conditions constitute the entire agreement between the Applicant and BB Online for the registration and maintenance of the domain name, email redirection and webhosting. They supersede any previous agreements, negotiations, promises or representations, whether verbal or written. If there is any inconsistency between these Terms and Conditions and other material on BB Online's websites, then it is these Terms and Conditions that apply.27.2 If any, or any part, of these Terms and Conditions is held to be invalid or unenforceable, then this will not affect the remainder of this contract between the Applicant and BB Online, which shall continue to be binding.
27.3 This contract shall be governed by English law and subject to the exclusive jurisdiction of the English Courts.
27.4 Notices to be given under this contract shall be in writing and shall be served personally or sent by first class pre-paid post, addressed: * to BB Online, at its registered office; * to the Applicant, at the address registered for the Applicant (or agent) in the register of domain names.
28. Privacy and Proxy Registrations
29.1 All registrants of ICANN managed domain names are automatically included into our Email Privacy Service. You may additionally request full privacy protection on Name / Address and Telephone number via your control panel or at the time of order. You may also completely remove all pricacy protection via your control panel or by requesting us to do so at support@bb-online.co.uk. Privacy protection is free of charge and is provided by us, BB Online Limited.29.2 Abuse/Infringement Point of Contact: In the case of abuse of this service please email privacyabuse@bb-online.com.
29.3 If abuse or trademark infringement is found, please contact us at the email above, additionally we may be contacted at:
Abuse Controller
BB Online Limited
PO Box 2162
Luton
Beds
LU3 2JL
United Kingdom
Tel: +44.1582 572148
Fax: +44.1582 585057
Email: abuse@nominate.com
29.4 BB Online reserves the right to terminate this service at any time for any reason, the service is a free service and is provided at the descretion of BB Online, in practice these reasons will vary but will to aid the normal legal running of the internet. In addition it is recongnised that this service must be switched off for registrar transfers.
29.5 BB Online will use all reasonable efforts to relay on all non SPAM and non Marketing communications for the registrant; We will attempt not to forward SPAM but cannot guarantee total SPAM filtering, as with all anti-SPAM services some genuine emails may also be losted.
29. Abuse / Complaint Procedure
30.1 Please contact us by telephone or email and we will attempt to resolve all enquiries promptly.30.2 If this issue is of a technical nature or cannot be immediately resolved, we will provide you with an expected time of when the issue should be resolved.
In the rare cases when an issue needs to be escalated an internal ticket will be raised and will not be closed until we notify you of the outcome.
If your are not satisfied with our response we will refer the matter to a senior member of staff who will re-examine the issue. The manager will attempt to resolve your issue.
30.3 Global capabilities
BB Online deals with registries around the globe, some of these local registries have manual systems and limited techical capabilities, in these cases the time to resolution may be longer than we will normally be happy with. However we will still keep you informed and provide you an estimate of a fix time.
Please feel free to contact us at any time, we strive to give you a positive quality service, and we will always do everything we can reasonably do to solve your issues in an efficient manner.