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Kore Domains Legal Agreements and Policies

This page contains links to current corporate policies as well as agreements for the products and services available through Kore Domains. To view any of the documents presented on this page, click on the policy/agreement.

Kore Domains Universal Terms of Service Agreement

Last Revised: April 27, 2015

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Kore Domains, a NJ limited liability company (“Kore Domains”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance.  This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:

 

The terms “we”, “us” or “our” shall refer to Kore Domains.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Kore Domains may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.  Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services.  In addition, Kore Domains may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your shopper account (“Account”) information current.  Kore Domains assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law.  By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity.  If, after your electronic acceptance of this Agreement, Kore Domains finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Kore Domains shall not be liable for any loss or damage resulting from Kore Domains’s reliance on any instruction, notice, document or communication reasonably believed by Kore Domains to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Kore Domains reserves the right (but undertakes no duty) to require additional authentication from you.  You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts.  In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Kore Domains that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.  If Kore Domains has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Kore Domains reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.  You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN.  For security purposes, Kore Domains recommends that you change your password and shopper PIN at least once every six (6) months for each Account .  You must notify Kore Domains immediately of any breach of security or unauthorized use of your Account. Kore Domains will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Kore Domains or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad.  If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.

4. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Serviceson a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of this Site and the Services , including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  3. You will not use this Site or the Services in a manner (as determined by Kore Domains in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Kore Domains or Kore Domains’s Services.
  4. You will not copy or distribute in any medium any part of this Site or the Services , except where expressly authorized by Kore Domains.
  5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  6. You will not access Kore Domains Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Kore Domains may designate.
  7. You agree to back-up all of your User Content so that you can access and use it when needed. Kore Domains does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  8. You will not re-sell or provide the Services for a commercial purpose, including any of Kore Domains’s related technologies, without Kore Domains’s express prior written consent.
  9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  10. You are aware that Kore Domains may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Kore Domains, in its sole discretion, to record the entirety of such calls regardless of whether Kore Domains asks you on any particular call for consent to record such call.  You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Kore Domains is a party.

Kore Domains reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

6. YOUR USE OF KORE DOMAINS CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section apply specifically to your use of Kore Domains Content and User Content posted to Kore Domains’s corporate websites (i.e., those sites which Kore Domains directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Kore Domains Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Kore Domains Content”), are owned by or licensed to Kore Domains in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Kore Domains Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Kore Domains. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Kore Domains reserves all rights not expressly granted in and to the Kore Domains Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.

User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).  User Content includes all content submitted through your Account.  By posting or publishing User Content to this Site or to the Services, you represent and warrant to Kore Domains that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Kore Domains Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Kore Domains Content or the User Content therein.

7. KORE DOMAINS’S USE OF USER CONTENT

The provisions in this Section apply specifically to Kore Domains’s use of User Content posted to Kore Domains’s corporate websites (i.e., those sites which Kore Domains directly controls or maintains).  The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Generally.  You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions.  You acknowledge and agree that:

  1. Your User Submissions are entirely voluntary.
  2. Your User Submissions do not establish a confidential relationship or obligate Kore Domains to treat your User Submissions as confidential or secret.
  3. Kore Domains has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
  4. Kore Domains may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Kore Domains shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions).

If you have a website or other content hosted by Kore Domains, you shall retain all of your ownership or licensed rights in User Content.

By posting or publishing User Content to this Site or through the Services, you authorize Kore Domains to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.  You hereby grant Kore Domains a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Kore Domains’s (and Kore Domains’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Kore Domains may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.  Notwithstanding anything to the contrary contained herein, Kore Domains shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Kore Domains’s (or Kore Domains’s affiliates’) business(es). 

8. FREE PRODUCT CREDITS

In the event you are provided with a free product credit (“Credit”) with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one year and is only available with a valid purchase and may be terminated in the event the product purchases is deleted, cancelled, transferred or not renewed.  You acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.  The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed.  In the event that the Credit is redeemed, after the initial free one year period, the free product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your  Account and turning off the auto-renewal feature, or by contacting customer service.  In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the standard price for the domain name will be deducted from the refund amount.

9. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Kore Domains generally does not pre-screen User Content (whether posted to a website hosted by Kore Domains or posted to this Site).  However, Kore Domains reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Kore Domains may remove any item of User Content (whether posted to a website hosted by Kore Domains or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Kore Domains in its sole and absolute discretion), at any time and without prior notice. Kore Domains may also terminate a User’s access to this Site or the Services found at this Site if Kore Domains has reason to believe the User is a repeat offender.  If Kore Domains terminates your access to this Site or the Services found at this Site, Kore Domains may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

10. ADDITIONAL RESERVATION OF RIGHTS

Kore Domains expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Kore Domains in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Kore Domains in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Kore Domains, its officers, directors, employees and agents, as well as Kore Domains’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Kore Domains.

Kore Domains expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

Kore Domains expressly reserves the right to terminate, without notice to you, any and all Services where, in Kore Domains’s sole discretion, you are harassing or threatening Kore Domains and/or any of Kore Domains’s employees.

11. NO SPAM; LIQUIDATED DAMAGES

No Spam.  We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation. Our spam abuse complaint center can be reached by email at abuse@secureserver.net.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

i.      Email Messages

ii.      Newsgroup postings

iii.      Windows system messages

iv.      Pop-up messages (aka “adware” or “spyware” messages)

v.      Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)

vi.      Online chat room advertisements

vii.      Guestbook or Website Forum postings

viii.      Facsimile Solicitations

ix.      Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web.

Web: report abuse

Liquidated Damages.  You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

12. TRADEMARK AND/OR COPYRIGHT CLAIMS

Kore Domains supports the protection of intellectual property.  If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Kore Domains’s Trademark and/or Copyright Infringement Policy referenced above and available here.

13. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Kore Domains. Kore Domains assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Kore Domains does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Kore Domains from any and all liability arising from your use of any third-party website. Accordingly, Kore Domains encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

14. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. KORE DOMAINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KORE DOMAINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND KORE DOMAINS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY KORE DOMAINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS  WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

15. LIMITATION OF LIABILITY

IN NO EVENT SHALL KORE DOMAINS, ITS OFFICERS, DIRECTORS, EMPLOYEES,  AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT KORE DOMAINS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL KORE DOMAINS’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

16. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Kore Domains and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Kore Domains directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

17. FEES AND PAYMENTS

You acknowledge and agree that your Payment Method may be charged by one of our affiliated entities, Wild West Domains, LLC, Wild West Domains Canada, Inc., Universal Domains and Hosting Services India Pvt Ltd, or Europe Domains Hosting Services, Ltd. If, during your purchase, your payment was identified as being processed in the United States, your transaction will be processed by Wild West Domains, LLC, 14455 N. Hayden Rd., Scottsdale, AZ 85260; if your payment was identified as being processed in Canada, your transaction will be processed by Wild West Domains Canada, Inc., 2900-550 Burrard Street, Vancouver, BC V6C 043; if your payment was identified as being processed in the United Kingdom, your transaction will be processed by Europe Domains Hosting Services, Ltd., 5 New Street Square, London EC4A3TW; if your payment was identified as being processed in India, your transaction will be processed by Universal Domains and Hosting Services India Pvt Ltd, Flat 101, Sai Krishna Enclave, 6-1-132/99, Plot No. 99, Skanagiri, Padmaraonagar 50061.

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.  All prices and fees are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.  Kore Domains expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.  If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”: (i) by providing a valid credit card, (ii) by using Kore Domains’s “Good As Gold Prepaid Services” (defined below); (iii) via an electronic check from your personal or business checking account, as appropriate (and as defined below); (iv) by using PayPal (as defined below), (v) by using an International Payment Option (as defined below) or (vi) via in-store credit balances, if applicable (and as defined below), each a “Payment Method”.  For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account.  Confirmation of that order will be sent to the email address on file for your Account.  Your Payment Method on file must be kept valid if you have any active Services in your Account.

You acknowledge and agree that where refunds are issued to your Payment Method, Kore Domains’s issuance of a refund receipt is only confirmation that Kore Domains has submitted your refund to the Payment Method charged at the time of the original sale, and that Kore Domains has absolutely no control over when the refund will be applied towards your Payment Method’s available balance.  You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle, or longer.

In the event a refund is issued to your Payment Method and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Kore Domains, in its sole and absolute discretion, reserves the right to issue the refund either (i) in the form of an in-store credit; or (ii) via issuance of a Kore Domains check, which will be sent to the mailing address on file for your Account.  Kore Domains also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.  For the avoidance of doubt, any and all refunds processed via the issuance of either in-store credits or a Kore Domains check are solely within Kore Domains’s discretion and are not available at customer request.

If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION.  THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD.  FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR.  WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING.  THEREFORE, UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, KORE DOMAINS WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH KORE DOMAINS AT KORE DOMAINS’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD.  IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER FROM THIS SITE AND FOLLOW THE STEPS FOUND HERE.  YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME.  HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND KORE DOMAINS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

IN ADDITION, KORE DOMAINS MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION).  IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US.  IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, KORE DOMAINS WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. KORE DOMAINS MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID.  FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND KORE DOMAINS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

If for any reason Kore Domains is unable to charge your Payment Method for the full amount owed for the Services provided, or if Kore Domains receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Kore Domains may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf.  Kore Domains also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Kore Domains may perform outside the normal scope of its Services, (ii) additional time and/or costs Kore Domains may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Kore Domains in its sole and absolute discretion).  Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Kore Domains staff or by outside firms retained by Kore Domains; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Kore Domains as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Kore Domains.

Kore Domains may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site (“Supported Currency” or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank.  In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Kore Domains makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

Refund Policy:  Products and Services available for refunds are described here (“Refund Policy”).  For products and services eligible for a refund, you may request a full refund for annual plans within forty five (45) days of purchase and within 48 hours of purchase for monthly plans (each “Refund Period”).  For refunds requested after the Refund Period, an in-store credit will be issued for any unused time remaining on your plan. Unused time will be calculated as the number of months remaining on the purchase term excluding the month in which the refund is requested.

Annual Plans:  Any product purchased for 1 year or greater will be considered an annual plan under the terms of this policy.  Within forty five (45) days, you may request a full refund of the purchase price of the product. After forty five (45) days, you may request an in-store credit for any unused time remaining on your annual plan. Unused time will be pro-rated based on the date of original purchase and, for renewals, the anniversary date of the original purchase date of the product (this is referred to as the Service Date).

Monthly Plans:  Any product purchased for less than 1 year will be considered a monthly plan under the terms of this policy.  Within forty eight (48) hours, you may request a full refund of the purchase price of the product. After forty eight (48) hours, you may request an in-store credit for any unused time remaining on your multi-monthly plan excluding the month in which the refund is requested.  Single month plans are not eligible for refunds after forty eight (48) hours.  Unused time will be pro-rated based on the date of original purchase and, for renewals, the monthly scheduled renewal date based on the original purchase date of the product (this is referred to as the Service Date).

In no event will you be eligible for more than one refund of the same product.

(B) GOOD AS GOLD PREPAID SERVICES

Service Details

By using Good As Gold Prepaid Services, you may transfer funds to Kore Domains in order to fund your Good As Gold Prepaid Services account (“Good As Gold Account”).  You may then use your Good As Gold Account to purchase any Services.  You may fund your Good As Gold Account by providing (i) a paper check (from your personal or business checking account, as appropriate), (ii) a money order, or (iii) a wire transfer.  All payments must be for the full amount required at purchase.

You acknowledge that funds transferred to your Good As Gold Account will be held by Kore Domains and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you understand and agree that Kore Domains shall be entitled to receive and keep any such amounts to cover costs associated with Good As Gold Prepaid Services.

You acknowledge that all transactions using Good As Gold Prepaid Services will be conducted in U.S. dollars.

Your Good As Gold Account must be funded on an initial basis with no less than funds equivalent to $100.00 U.S. dollars.

All paper checks and money orders may be delayed up to ten (10) business days until the money is credited, which may delay your use of the Services, and any paper check or money order that does not clear will result in a $25.00 processing fee by Kore Domains, which may be debited from your Good As Gold Account.  The $25.00 processing fee is in addition to any fee(s) your bank may charge you.

Wire transfers may be initiated in foreign currency to fund your Good As Gold Account, however the natural currency of the Wild West Domains bank account is U.S. Dollars.  Foreign currency wires will be automatically converted and deposited in U.S. Dollars.  Please note that exchange rate fees may apply.  You agree that you will be responsible for all wire transfer fees, both incoming and outgoing, associated with your Good As Gold Account. Any non-U.S. wire transfers may be subject to fees by your bank, intermediary banks, or Kore Domains’s bank, which may reduce the amount of the money received by Kore Domains’s bank and subsequently funded into your Good As Gold Account. Customers funding a Good As Gold Account with a wire of $1,000.00 or more shall not be subject to a $20.00 wire transfer processing fee from Kore Domains. You hereby expressly authorize Kore Domains (i) to reduce your Good As Gold Account by the amount of wire transfer fees Kore Domains incurs in order to receive your funds; and/or (ii) to charge a twenty-dollar ($20.00) service fee (“Service Fee”) in connection with the termination of your Good As Gold Account.  All fees are subject to change at any time, and such changes shall be posted online and effective immediately without need for further notice to you.

You can verify the remaining funds in your Good As Gold Account at any time by logging into “Manage Your Account” or through the shopping cart on the Kore Domains website. Should you decide to terminate your Good As Gold Account (or should Kore Domains opt to terminate your Good As Gold Account because you have breached an obligation under the Good As Gold Service Agreement), then the balance in your Good As Gold Account will be refunded, net the Service Fee.

Additional funds may be added to your Good As Gold Account at any time. The preferred minimum increment for funds transfers and checks is $100.00.

Your Use of Good As Gold Prepaid Services 

Use of funds in your Good As Gold Account can only be made through the Kore Domains purchase process at Kore Domains’s website. Purchases may not be made unless there are sufficient, available funds in your Good As Gold Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements.

You will be able to access your Good As Gold Account activity and records from the “Manage Your Account” link on Kore Domains’s website. Your Good As Gold Account will show purchases and the amount of funds remaining in your Good As Gold Account. Kore Domains reserves the right at all times to disclose any information about your Good As Gold Account as Kore Domains deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part from your Good As Gold Account, in the sole and absolute discretion of Kore Domains.

(C) PAY BY CHECK (ELECTRONIC CHECK)

By using Kore Domains’s pay by check option (“Pay By Check”), you can purchase Kore Domains Services using an electronic check (from your personal or business checking account, as appropriate). In connection therewith, you agree to allow Certegy Check Services, Inc. (“Certegy”) to debit the full amount of your purchase from your checking account (“Checking Account”), which is non-refundable. Certegy will create an electronic funds transfer (“EFT”) or bank draft, which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and the check must be payable in U.S. dollars.

It is your responsibility to keep your Checking Account current and funded. You acknowledge and agree that (i) Certegy reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Certegy nor Kore Domains shall be liable to you or any third party regarding the same.  If for any reason Certegy is unable to withdraw the full amount owed for the Services provided, you agree that Certegy and Kore Domains may pursue all available lawful remedies in order to obtain payment (plus applicable fees).  Kore Domains is not responsible for the actions of Certegy.  You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees provided below, or as otherwise permitted by law. These fees may be debited from your Checking Account using an EFT or bank draft.  All fees are in U.S. Dollars.

United States, including District of Columbia:

AK Alaska $25.00
AL Alabama $30.00
AR Arkansas $25.00
AZ Arizona $25.00
CA California $25.00
CO Colorado $20.00
CT Connecticut $20.00
DC District of Columbia $15.00
DE Delaware $40.00
FL Florida
  • For face value of check $0.01 – $50.00, $25.00
  • For face value of check $50.01 – $300.00, $30.00
  • For face value of check $300.01 or more, greater of $40.00 or 5% of face value of check.
GA Georgia
  • Greater of $30.00 or 5% of face value of check
HI Hawaii $30.00
IA Iowa $30.00
ID Idaho
  • Lesser of $20.00 or face value of check
IL Illinois $25.00
IN Indiana $20.00
KS Kansas $30.00
KY Kentucky $25.00
LA Louisiana
  • Greater of $25.00 or 5% of face value of check
MA Massachusetts $25.00
MD Maryland $35.00
ME Maine $25.00
MI Michigan $25.00
MN Minnesota $30.00
MO Missouri $25.00
MS Mississippi $40.00
MT Montana $30.00
NC North Carolina $25.00
ND North Dakota $30.00
NE Nebraska $25.00
NH New Hampshire $25.00
NJ New Jersey $25.00
NM New Mexico $20.00
NV Nevada $25.00
NY New York $20.00
OH Ohio
  • Greater of $30.00 or 10% of face value of check
OK Oklahoma $25.00
OR Oregon $25.00
PA Pennsylvania $25.00
RI Rhode Island $25.00
SC South Carolina $30.00
SD South Dakota $40.00
TN Tennessee $30.00
TX Texas $30.00
UT Utah $20.00
VA Virginia $50.00
VT Vermont $25.00
WA Washington $25.00
WI Wisconsin $25.00
WV West Virginia $25.00
WY Wyoming $30.00

U.S. Territories:

AS American Samoa $15.00
GU Guam $15.00
PR Puerto Rico $15.00
VI Virgin Islands $15.00

U.S. Military States:

AA Armed Forces Americas $15.00
AE Armed Forces Africa, Armed Forces Canada, Armed Forces Europe, Armed Forces Middle East $15.00
AP Armed Forces Pacific $15.00

Canadian Provinces / Territories:

AB Alberta $20.00
BC British Columbia $20.00
MB Manitoba $20.00
NB New Brunswick $20.00
NL Newfoundland and Labrador $20.00
NS Nova Scotia $20.00
NT Northwest Territories $20.00
ON Ontario $20.00
PE Prince Edward Island $20.00
QC Quebec $15.00
SK Saskatchewan $20.00
YT Yukon $20.00

By clicking the box labeled “I agree” to the terms of the Pay By Check payment option, you authorize the information provided to be used for the creation of an EFT or bank draft and you authorize a debit of the full amount of your purchase from your Checking Account.

(D) PAY BY PAYPAL

By using Kore Domains’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card.  You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (ii) in such event, neither PayPal nor Kore Domains shall be liable to you or any third party regarding the same.  If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Kore Domains may pursue all available lawful remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.

(E)  INTERNATIONAL PAYMENT OPTIONS

Kore Domains offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”).  In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Kore Domains.  You also agree to allow the IPP to debit the full amount of your purchase from the selected bank account, e-wallet account (including credit card(s), bank account(s), or other allowed payment method(s) linked to your e-wallet account) or any other type of account associated with the selected IPP (including but not limited to, prepaid cards and mobile payments), collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Kore Domains.

It is your responsibility to keep your Funding Sources current and funded. You acknowledge and agree that (i) the IPP reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Funding Sources no longer existing or not holding available/sufficient funds) and (ii) in such event, neither the IPP nor Kore Domains shall be liable to you or any third party regarding the same. You acknowledge that Kore Domains will not attempt to fulfill the Services purchased by you until Kore Domains receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Kore Domains does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Kore Domains account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.

If, at the time Kore Domains receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, Kore Domains may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Kore Domains reserves the right to issue refunds to an in-store credit balance.  If you receive a full refund, you will need to begin the purchase process again. You acknowledge and agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Kore Domains will be net of the IPP Fees unless otherwise specified.

(F) IN-STORE CREDIT BALANCES

In the event that your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account.  In the event that your Account contains an in-store credit balance, you hereby authorize Kore Domains to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account.  In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, Kore Domains may utilize any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, Kore Domains is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit.  In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using Kore Domains’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, Kore Domains may also impose an additional administrative fee to compensate for the risks and costs associated with providing currency conversion services.

You can verify your available in-store credit balance at any time by logging into “Manage Your Account” or through the shopping cart on the Kore Domains website. You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance.  In the event that Kore Domains terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.

You also acknowledge that funds available in your in-store credit balance will be held by Kore Domains and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you understand and agree that Kore Domains shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.

18. UNCLAIMED PROPERTY; DORMANCY CHARGES

Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) Kore Domains is unable to issue payment to such customer or (ii) Kore Domains issued payment to such customer in the form of a paper check, but the check was never cashed, then Kore Domains shall turn over such account balance to the State of Arizona in accordance with state law.  You acknowledge and agree that in either case (i) or (ii) above, Kore Domains may withhold a dormancy charge in an amount equal to the lesser of $15.00 or the total outstanding account balance associated with such customer.

19. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

20. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

21. U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”).  Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws.  Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws.  By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations).  If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

22. COMPLIANCE WITH LOCAL LAWS

Kore Domains makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations. 

23. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Arizona, whichever is applicable, without regard to conflict of laws principles.  You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Maricopa County, Arizona, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Maricopa County, Arizona.  You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

24. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

25. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Kore Domains Legal Department
14455 North Hayden Rd.
Suite 219
Scottsdale, AZ 85260
support@secureserver.net

Revised: 4/27/15
Copyright © 2005-2015 All Rights Reserved.

Agreements

Change of Registrant Agreement

KORE DOMAINS
CHANGE OF REGISTRANT AGREEMENT

Last Revised: January 8, 2013

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Domain Name Change of Registrant Agreement (this “Agreement”) is entered into by and between Kore Domains, a NJ limited liability company (“Kore Domains”) and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the terms and conditions of your use of Kore Domains’s Change of Registrant services (the “Services”) to transfer a registered domain name from a current registrant (the “Current Registrant”) to a new registrant (the “New Registrant”), and applies to both the Current Registrant and the New Registrant.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Kore Domains’s Universal Terms of Service AgreementDomain Name Registration Agreement, and Uniform Domain Name Dispute Resolution Policy, which are incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to Kore Domains.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Kore Domains, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Kore Domains website (this “Site”).  You acknowledge and agree that (i) Kore Domains may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.  In addition, Kore Domains may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your account (“Account”) information, including your email address, current.  Kore Domains assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

Kore Domains is not an Internet Corporation for Assigned Names and Numbers (“ICANN”) accredited registrar; it is an authorized reseller of domain name registration services.  Accordingly, you acknowledge and agree that Kore Domains may modify this Agreement in order to comply with any terms and conditions set forth by (i) the sponsoring registrar, (ii) ICANN, and/or (iii) the registry applicable to the top level domain (“TLD”) or country code top level domain (“ccTLD”) in question.  As used herein, the terms “registry”, “Registry”, “registry operator” or “Registry Operator” shall refer to the registry applicable to the TLD or ccTLD in question.  To identify the sponsoring registrar, click here.

2. THE CHANGE OF REGISTRANT PROCESS; KORE DOMAINS’S ROLE

The Current Registrant and the New Registrant both agree they are entering into this Agreement of their own free will. The Current Registrant and the New Registrant acknowledge and agree Kore Domains’s sole role in connection with this Agreement is as processor of the transfer of the registration for the domain name and Kore Domains’s only responsibility under this Agreement will be to process the electronic transfer of the registration for the domain name. The Current Registrant and the New Registrant assume full responsibility for the legal validity of the transfer of the domain name. Once the Current Registrant initiates the change of registrant request, Kore Domains will send a confirmation email to the New Registrant. You acknowledge and agree the New Registrant must log into its account and confirm the terms of the change of registrant transaction within ten (10) days of receipt of the confirmation email. In the event the New Registrant fails to confirm the terms of the change of registrant transaction within such ten (10) day period, you acknowledge and agree the transfer will not occur and both the transaction ID and the security code for the transfer shall expire, requiring the Current Registrant to begin the process anew.

Upon completion of the change of registrant transaction, Kore Domains will send an email to the Current Registrant confirming the change of registrant contemplated by this Agreement. If the Current Registrant has any objection to the change of registrant whatsoever, the Current Registrant assumes all responsibility for responding to such email and notifying Kore Domains of any objection within fifteen (15) days of receipt of the email. The Current Registrant agrees to release, indemnify and hold Kore Domains harmless for any issues that arise as a result of an improper change of registrant, whether intentionally or unintentionally initiated, whether by the Current Registrant or others acting on its behalf.

Please note the following:

  1. By entering into a change of registrant transaction, you acknowledge and agree that the domain name may not be transferred to another domain name registrar within sixty (60) days after the completion of the change of registrant transaction (the “Transfer Prohibition Period”).  Therefore, if either the Current Registrant or the New Registrant anticipate the need to transfer the domain name to another domain name registrar within sixty (60) days after completion of the change of registrant transaction, the Current Registrant and the New Registrant should make arrangements to transfer the domain name to the new domain name registrar first, and make any necessary changes to the domain name registrant second.
  2. In addition, in the event the domain name is subject to a subsequent change of registrant transaction within the Transfer Prohibition Period, the Transfer Prohibition Period will begin again upon completion of the subsequent change of registrant transaction.

3. REPRESENTATIONS AND WARRANTIES OF THE CURRENT REGISTRANT AND THE NEW REGISTRANT

The individuals who electronically accept this Agreement on behalf of the Current Registrant and the New Registrant hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement on behalf of the Current Registrant and the New Registrant, respectively, and that they have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement.

4. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

5. RELEASE AND DISCHARGE

The Current Registrant acknowledges entering into Kore Domains’s Universal Terms of Service AgreementDomain Name Registration AgreementUniform Domain Name Dispute Resolution Policy, and related documents associated with the domain name (collectively, the “Registration Agreements”).  The Current Registrant (i) acknowledges and agrees that it is not entitled to receive any refunds and is not owed any monies in connection with the Registration Agreements, and (ii) hereby releases and discharges Kore Domains from any and all liabilities and obligations to the Current Registrant in connection with the Registration Agreements.

6. LIMITATIONS ON KORE DOMAINS’S LIABILITY TO THE NEW REGISTRANT

The New Registrant assumes full and complete responsibility, and acknowledges and agrees Kore Domains shall have no liability, for:

  1. The Current Registrant’s actual registration of the domain name.
  2. The Current Registrant’s legal right and ability to transfer registration of the domain name to the New Registrant.
  3. Any and all situations existing prior to this Agreement or that may arise which cause the transfer of registration of the domain name to the New Registrant to either be delayed or not take place.
  4. The validity and/or enforceability of the New Registrant’s entitlement to the registration of the domain name when the transfer is consummated.

7. ADDITIONAL LIMITATIONS ON KORE DOMAINS’S LIABILITY

IN ADDITION TO THE LIMITATIONS OF LIABILITY PROVIDED IN THE UNIVERSAL TERMS OF SERVICE AGREEMENT, BOTH THE CURRENT REGISTRANT AND THE NEW REGISTRANT AGREE Kore Domains SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR (A) SUSPENSION, LOSS, OR MODIFICATION OF THE DOMAIN NAME REGISTRATION, REGARDLESS OF THE ACTIONS OF ANY PARTY TO THIS AGREEMENT, (B) USE OF THE DOMAIN NAME REGISTRATION, OR THE INABILITY TO USE OR BENEFIT FROM THE DOMAIN NAME REGISTRATION, BY ANY PARTY TO THIS AGREEMENT, (C) INTERRUPTION OF BUSINESS OF EITHER THE CURRENT REGISTRANT OR THE NEW REGISTRANT, (D) ACCESS DELAYS OR INTERRUPTIONS OF ACCESS TO Kore Domains’s WEBSITE OR TO ANY OTHER WEBSITES, (E) THE NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION OF DATA, (F) THE PROCESSING OF THIS APPLICATION OR ANY OTHER APPLICATION FOR SERVICE OR REQUEST FOR SERVICE FROM Kore Domains, OR (G) APPLICATION OF ANY DISPUTE POLICY OR THE POLICIES AND PROCEDURES AS ADOPTED BY ICANN, ICANN’S SUCCESSORS OR ANY OTHER REGULATORY BODY.

8. ATTORNEY’S FEES

In the event of any dispute arising out of this Agreement, the prevailing party shall be paid its reasonable court costs and attorneys’ fees.

9. PROVISIONS SPECIFIC TO .US REGISTRATIONS

You, the Registrant, shall indemnify and hold harmless NeuStar, the .US Registry, 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 the Registrant’s (i) .US domain name registration and (ii) use of any .US registered domain name.

The New Registrant certifies that it meets the following Nexus Requirements to qualify to register to use a .US domain name.

A. Registrants 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 (ii) whose primary place of domicile is in the United States of America or any of its possessions, or;

2. An entity or organization that is (i) incorporated within one (1) 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 (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), or;

3. A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also (i) regularly engages 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 (ii) maintains an office or other property within the United States.

B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories. 

The New Registrant further certifies that Kore Domains has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willingly volunteered such information. The New Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.

The New Registrant understands and agrees that if such information cannot be verified, or if the New Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

10. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

11. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement.  In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Revised: 1/8/13
Copyright © 2003-2013 All Rights Reserved.

Domain Name Appraisal Agreement

KORE DOMAINS
DOMAIN NAME APPRAISAL AGREEMENT

Last Revised: January 4, 2013

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Domain Name Appraisal Agreement (this “Agreement”) is entered into by and between Kore Domains, a NJ limited liability company (“Kore Domains”) and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the terms and conditions of your use of Kore Domains’s Domain Name Appraisal service (the “Appraisal Service” or the “Services”).

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) Kore Domains’s Universal Terms of Service Agreement, and (ii) any limitations, disclaimers or other restrictions presented to you in this Help Article located on the Kore Domains website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to Kore Domains.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

You acknowledge and agree that (i) Kore Domains, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.  In addition, Kore Domains may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current.  Kore Domains assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

2. DESCRIPTION OF SERVICES

The Appraisal Service is an automated domain name appraisal service, which allows you to obtain an estimated market value of your domain name based on several factors, such as (i) the length of the domain name, (ii) the number of words in the domain name, (iii) the domain name extension (e.g., .com, .net, .org, etc.), (iv) the presence of numbers or dashes in the domain name, and (v) the domain name’s keyword popularity.

3. STORAGE; DATA RETENTION

The Appraisal Service is not an archival service.  You are solely responsible for maintaining independent back-up copies of your appraisals.  Kore Domains expressly disclaims any liability or responsibility for any loss, damage or destruction of your appraisals or any other content.

4. LIMITATIONS ON USE; TERMINATION OF SERVICES

Kore Domains reserves the right to implement limitations on the Appraisal Service.  Such limitations may relate to (i) the number of domain names per appraisal request, (ii) the number of appraisal requests per day, or (iii) such other items as Kore Domains may specify.  The current limitations on the Appraisal Service may be found in this Help Article located on this Site.  Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by such limitations.

If your use of the Appraisal Service exceeds any such limitations, Kore Domains reserves the right to freeze or terminate your access to the Appraisal Service, or take any other measures deemed to be appropriate (as determined by Kore Domains in its sole and absolute discretion), at any time and without prior notice, to enforce this Agreement or to ensure the stability of its network.

Usage determinations shall be made by Kore Domains in its sole and absolute discretion.

Unless otherwise specified, the number of appraisal requests shall not accrue or carry over from day to day.

5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

IN ADDITION TO THE “DISCLAIMER OF REPRESENTATIONS AND WARRANTIES” AND “LIMITATION OF LIABILITY” SECTIONS CONTAINED IN THE UNIVERSAL TERMS OF SERVICE AGREEMENT, WHICH IS INCORPORATED HEREIN BY REFERENCE, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT KORE DOMAINS MAKES NO REPRESENTATIONS OR WARRANTIES THAT AN APPRAISAL GENERATED BY THE APPRAISAL SERVICE (I) WILL REFLECT THE ACTUAL VALUE OF A DOMAIN NAME, (II) WILL REFLECT THE TRANSACTION PRICE OF A DOMAIN NAME, OR (III) WILL RESULT IN AN OFFER TO PURCHASE A DOMAIN NAME.  GENERATION OF AN APPRAISAL BY THE APPRAISAL SERVICE DOES NOT CONSTITUTE AN OFFER TO PURCHASE A DOMAIN NAME BY KORE DOMAINS OR ANY THIRD PARTY.

VALUATIONS OF DOMAIN NAMES ARE INHERENTLY SUBJECTIVE BY NATURE, AND MANY CIRCUMSTANCES IMPACT SUCH VALUATIONS, WHICH ARE BEYOND THE KNOWLEDGE OR CONTROL OF KORE DOMAINS.  AN APPRAISAL GENERATED BY THE APPRAISAL SERVICE REFLECTS KORE DOMAINS’S ESTIMATED MARKET VALUE OF THE DOMAIN NAME BASED SOLELY ON THE FACTORS INCLUDED IN KORE DOMAINS’S APPRAISAL METHOD.  THOSE FACTORS MAY CHANGE FROM TIME TO TIME, AND BE BASED IN PART OR IN WHOLE ON INFORMATION AND DATA GATHERED BY KORE DOMAINS FROM INDEPENDENT SOURCES.  KORE DOMAINS MAKES NO REPRESENTATIONS OR WARRANTIES THAT (I) IT HAS INCLUDED ALL RELEVANT FACTORS IN ITS APPRAISAL METHOD OR (II) INFORMATION AND DATA RELIED UPON IN ITS APPRAISAL METHOD IS ACCURATE.

AN APPRAISAL GENERATED BY THE APPRAISAL SERVICE REFLECTS KORE DOMAINS’S ESTIMATED MARKET VALUE OF THE DOMAIN NAME AS OF THE TIME OF THE APPRAISAL.  KORE DOMAINS MAKES NO REPRESENTATIONS OR WARRANTIES THAT MARKET FLUCTUATIONS OR OTHER CIRCUMSTANCES WILL NOT CHANGE THE ESTIMATED MARKET VALUE OF THE DOMAIN NAME.

AN APPRAISAL GENERATED BY THE APPRAISAL SERVICE IS PROVIDED TO YOU FOR CONVENIENCE ONLY.  AN APPRAISAL SHOULD NOT BE USED (I) AS A BASIS FOR ESTABLISHING OR EVIDENCING THE VALUE OF A DOMAIN NAME, (II) AS A PERSONAL OR BUSINESS ASSET, (III) AS COLLATERAL FOR A FINANCING ARRANGEMENT, OR (IV) IN ANY MANNER THAT WOULD INDUCE A THIRD PARTY TO ENTER INTO A TRANSACTION WITH YOU.  KORE DOMAINS EXPRESSLY DISCLAIMS ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY RELIANCE BY YOU OR ANY THIRD PARTY ON THE APPRAISAL.

KORE DOMAINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO THE ITEMS DESCRIBED ABOVE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER.

6. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

7. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement.  In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Revised: 1/4/13
Copyright © 2006-2013 All Rights Reserved.

Domain Name Proxy Agreement

DOMAINS BY PROXY
DOMAIN NAME PROXY AGREEMENT

Last Revised: June 19, 2014

Please read this Domain Name Proxy Agreement (“Agreement”) carefully. By using the Services and/or website of Domains By Proxy, LLC, a Delaware limited liability company (“DBP”), You (as defined below) agree to all the terms and conditions set forth both herein and in the DBP privacy policy, which is incorporated by reference and can be found by clicking here.  You acknowledge that DBP may amend this Agreement at any time upon posting the amended terms on its website, and that any new, different or additional features changing the services provided by DBP will automatically be subject to this Agreement. If You do not agree to be bound by, or if You object to, the terms and conditions of this Agreement and any amendments hereto, do not use or access DBP’s services. Continued use of DBP’s services and its website after any such changes to this Agreement have been posted, constitutes Your acceptance of those changes.

This Agreement is by and between DBP and you, your heirs, assigns, agents and contractors (“You”) and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your relationship with DBP and Your use of DBP’s services and represents the entire Agreement between You and DBP. By using DBP’s Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and You further agree to be bound by the terms of this Agreement for transactions entered into by:

  1. You on Your behalf;
  2. Anyone acting as Your agent; and
  3. Anyone who uses the account You have established with DBP, whether or not the transactions were on Your behalf and/or authorized by You.

You agree You will be bound by representations made by third parties acting on Your behalf, which either use or purchase services from DBP. You further agree that DBP will not be bound by statements of a general nature on DBP’s website or DBP promotional materials. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers (“ICANN”) (including the Uniform Domain Name Dispute Resolution Policy (“Dispute Resolution Policy”) and Your Registrar (i.e., the ICANN-accredited person or entity through which You register a domain name).

1. DESCRIPTION OF DBP’S PRIVATE REGISTRATION SERVICES

When You subscribe to DBP’s private registration service through a DBP-affiliated Registrar, each available domain name registration You designate will thereafter be registered in the name of DBP, as Registrant. In exchange for DBP becoming the Registrant of each domain name registration on Your behalf, DBP shall keep Your name, postal address, email address, phone and fax numbers confidential, subject to Section 4 of this Agreement. When DBP becomes the Registrant of Your domain name registration, the following information (and not Your personal information) will be made publicly available in the “Whois” directory as determined by ICANN policy:

  1. DBP’s name as the Registrant of the domain name and a proxy email address, phone number and postal address for the Registrant’s contact information;
  2. A proxy postal address and phone number for the domain name registration’s technical contact;
  3. A proxy email address, postal address and phone number for the domain name registration’s administrative contact;
  4. A proxy email address, postal address and phone number for the domain’s name registration’s billing contact;
  5. The primary and secondary domain name servers You designate for the domain name;
  6. The domain name’s original date of registration and expiration date of the registration; and
  7. The identity of the Registrar.

2. FULL BENEFITS OF DOMAIN REGISTRATION RETAINED BY YOU

Although DBP will show in the “Whois” directory as the Registrant of each domain name registration You designate, You will retain the full benefits of domain name registration with respect to each such domain name registration, including, subject to Section 4 below:

  1. The right to sell, transfer or assign each domain name registration, which shall require cancellation of the DBP services associated with each such domain name registration;
  2. The right to control the use of each domain name registration, including designating the primary and secondary domain name servers to which each domain name points;
  3. The right to cancel each domain name registration;
  4. The right to cancel the DBP services associated with each domain name registration and/or Your privacy services with DBP so that Your contract information is listed in the “Whois” directory; and
  5. The right to renew each domain name registration upon its expiration, subject to Your Registrar’s applicable rules and policies.

3. PERSONAL INFORMATION AND YOUR NOTIFICATION OBLIGATIONS; REPRESENTATION AND WARRANTIES; ACCOUNT SECURITY

Personal Information and Your Notification Obligations 

You agree that for each domain name for which DBP becomes the Registrant on Your behalf, You will provide accurate and current information as to:

  1. Your name, the email address, postal address, phone and fax numbers for the domain name registration’s Registrant contact;
  2. The email address, postal address, phone and fax numbers for the domain name registration’s technical contact;
  3. The email address, postal address, phone and fax numbers for the domain name registration’s administrative contact;
  4. The email address, postal address, phone and fax numbers for the domain name registration’s billing contact; and
  5. You agree to provide government issued photo identification and/or government issued business identification as required for verification of identity when requested.

You agree to:

  1. Notify DBP within three (3) calendar days when any of the personal information You provided upon subscribing to DBP’s services, changes;
  2. Respond within three (3) calendar days to any inquiries made by DBP to determine the validity of personal information provided by You; and
  3. Timely respond to email messages DBP sends to You regarding correspondence DBP has received that is either addressed to or involves You and/or Your domain name registration, as more fully set forth in Section 5(c) below.

It is Your responsibility to keep Your personal information current and accurate at all times.

Renewals 

You agree DBP, as Registrant, will arrange for Your Registrar to charge the credit card You have on file with the Registrar, at the Registrar’s then current rates.

Renewal fees, once charged, will be non-refundable. You may also elect to disengage the automatic renewal feature for DBP’s private registration services, by logging into Your DBP customer account and disabling the privacy service. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date.

If for any reason DBP and/or the Registrar for Your domain name is unable to charge Your credit card for the full amount of the service provided, or if DBP and/or the Registrar is charged back for any fee it previously charged to the credit card You provided, You agree that DBP and/or the Registrar may, without notice to You, pursue all available remedies in order to obtain payment, including but not limited to immediate cancellation of all services DBP provides to You.

Representations and Warranties 

You warrant that all information provided by You to DBP is truthful, complete, current and accurate. You also warrant that You are using DBP’s private registration services in good faith and You have no knowledge of Your domain name infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name. You also warrant the domain name being registered by DBP on Your behalf will not be used in connection with any illegal or morally objectionable activity (as defined below in Section 4), or, in connection with the transmission of Spam, or that contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable or, disrupting, damaging or limiting the functionality of any software or hardware.

Account Security

You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login ID and password (“Account Access Information”).  You agree to notify DBP immediately of any unauthorized use of Your account or any other breach of security.  You agree DBP will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge.  You further agree You could be held liable for losses incurred by DBP or another party due to someone else using Your Account Access Information.  For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information.  You agree that You are entirely responsible for all activity in Your account, whether initiated by You, or by others.  DBP specifically disclaims liability for any activity in Your account, regardless of whether You authorized the activity.

4. DBP’S RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE YOUR PERSONAL INFORMATION

 You understand and agree that DBP has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to:

  1. Cancel the privacy service (which means that Your information will be available in the “Whois” directory) and/or reveal Your name and personal information that You provided to DBP when:
    A. Required by law, in the good faith belief that such action is necessary in order to conform to the edicts of the law;
    B. To comply with a legal process served upon DBP; or
    C. In order to comply with ICANN rules, policies or procedures
  2. Resolve any and all third party claims, whether threatened or made, arising out of Your use of a domain name for which DBP is the registrant listed in the “Whois” directory on Your behalf; or
  3. Take any other action DBP deems necessary:
    A. In the event you breach any provision of this Agreement or the DBP Anti-Spam Policy;
    B. To protect the integrity and stability of, and to comply with registration requirements, terms, conditions and policies of, the applicable domain name Registry and/or Registry Provider;

        C. To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;

    D. To comply with ICANN’s Dispute Resolution Policy;
    E. To avoid any financial loss or legal liability (civil or criminal) on the part of DBP, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
    F. If the domain name for which DBP is the registrant on Your behalf violates or infringes a third party’s trademark, trade name or other legal rights; and
    G. If it comes to DBP’s attention that You are using DBP’s services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in, illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise:

    1. Appeal purely to the prurient interests of third parties;
    2. Defame, embarrass, harm, abuse, threaten, or harass third parties;
    3. Violate state, federal or international law;
    4. Involve hate crimes, terrorism and child pornography;
    5. Are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable;
    6. Impersonate the identity of a third party;
    7. Harm minors in any way; or
    8. Relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.

You further understand and agree that if DBP is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your domain name registration or Your use of DBP’s services, Your private registration service may be canceled, which means the domain name registration will revert back to You and Your identity will therefore be revealed in the Whois directory as Registrant.

In the event:

  1. DBP takes any of the actions set forth in subsection i, ii, or iii above or section 5; and/or
  2. You elect to cancel DBP’s services for any reason —

Neither DBP nor your Registrar will refund any fees paid by You whatsoever.

5. COMMUNICATIONS FORWARDING

a. Correspondence Forwarding 

Inasmuch as DBP’s name, postal address and phone number will be listed in the Whois directory, You agree DBP will review and forward communications addressed to Your domain name that are received via email, certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail. You specifically acknowledge DBP will not forward to You first class postal mail (other than legal notices), “junk” mail or other unsolicited communications (whether delivered through email, fax, postal mail or telephone), and You further authorize DBP to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by DBP.

b. Email Forwarding 

The Whois directory requires an email address for every purchased domain name registration. When You purchase a private domain registration, DBP creates a private email address for that domain name, “@domainsbyproxy.com”. Thereafter, when messages are sent to that private email address, DBP handles them according to the email preference You selected for that particular domain name. You have three (3) email preferences from which to choose. You can elect to:

  1. Have all of the messages forwarded;
  2. Have all of the messages filtered for Spam and then forwarded; or
  3. Have none of the messages forwarded.

As with all communications, You agree to waive any and all claims arising from Your failure to receive email directed to Your domain name but not forwarded to You by DBP.

c. Notifications Regarding Correspondence and Your Obligation to Respond 

When DBP receives certified or traceable courier mail or legal notices addressed to Your domain name, in most cases, DBP will attempt to forward the mail to you via email. If You do not respond to the DBP email and/or the correspondence DBP has received regarding Your domain name registration concerns a dispute of any kind or otherwise requires immediate disposition, DBP may immediately reveal Your identity and/or cancel the DBP private registration service regarding either the domain name registration(s) in question. This means the Whois directory will revert to displaying Your name, postal address, email address and phone number that you provided to DBP.

d. Additional Administrative Fees 

DBP reserves the right to charge You reasonable “administrative fees” or “processing fees” for (i)  tasks DBP may perform outside the normal scope of its Services, (ii) additional time and/or costs DBP may incur in providing its Services, and/or (iii) Your non-compliance with the Agreement (as determined by DBP in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to, (i) customer service issues that require additional personal time and attention; (ii) disputes that require accounting or legal services, whether performed by DBP staff or by outside firms retained by DBP; (iii) recouping any and all costs and fees, including the cost of Services, incurred by DBP as the result of chargebacks or other payment disputes brought by You, Your bank or Payment Method processor.  These administrative fees or processing fees will be billed to the Payment Method You have on file with Your Registrar.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

6. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DBP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, DBP’S SERVICES, USE OR INABILITY TO USE THE DBP WEBSITE OR THE MATERIALS AND CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO THE DBP WEBSITE OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO DBP OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF DBP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, DBP’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. 

YOU FURTHER UNDERSTAND AND AGREE THAT DBP DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM: 

  1. THE INADVERTENT DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION; 
  2. ACCESS DELAYS OR INTERRUPTIONS TO OUR WEBSITE OR THE WEBSITES OF OUR AFFILIATED REGISTRARS; 
  3. DATA NON-DELIVERY OF MIS-DELIVERY BETWEEN YOU AND DBP; 
  4. THE FAILURE FOR WHATEVER REASON TO RENEW A PRIVATE DOMAIN NAME REGISTRATION; 
  5. THE UNAUTHORIZED USE OF YOUR DBP ACCOUNT OR ANY OF DBP’S SERVICES; 
  6. ERRORS, OMISSIONS OR MISSTATEMENTS BY DBP; 
  7. DELETION OF, FAILURE TO STORE, FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES FORWARDED TO EITHER YOU OR YOUR PRIVATE DOMAIN NAME REGISTRATION; 
  8. PROCESSING OF UPDATED INFORMATION REGARDING YOUR DBP ACCOUNT; AND/OR 
  9. ANY ACT OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER AUTHORIZED BY YOU OR NOT). 

7. INDEMNITY

You agree to release, defend, indemnify and hold harmless DBP, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and Your Registrar, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorneys’ fees, arising out of or related in any way to this Agreement, the services provided hereunder by DBP, the DBP website, Your account with DBP, Your use of Your domain name registration, and/or disputes arising in connection with the dispute policy.

8. DBP WARRANTY DISCLAIMER

DBP, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICE PROVIDED HEREUNDER, THE DBP WEBSITE OR ANY WEBSITES LINKED TO THE DBP WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL DBP SERVICES, AS WELL AS THE DBP WEBSITE, ARE PROVIDED “AS IS”. YOUR SUBSCRIPTION TO AND USE OF DBP’S SERVICES AND ITS WEBSITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. 

9. COPYRIGHT AND TRADEMARK

You understand and agree that all content and materials contained in this Agreement, the Privacy Policy and the DBP website found here , are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that DBP expressly reserves its rights in and to all such content and materials.

You further understand and agree You are prohibited from using, in any manner whatsoever, any of the afore-described content and materials without the express written permission of DBP. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

10. MISCELLANEOUS PROVISIONS

a. Severability; Construction; Entire Agreement 

If any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and DBP regarding the services contemplated herein.

b. Governing Law; Venue; Waiver Of Trial By Jury 

This Agreement shall be governed in all respects by the laws and judicial decisions of Maricopa County, Arizona, excluding its conflicts of laws rules. Except as provided immediately below, You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the courts of Maricopa County, Arizona. For the adjudication of domain name registration disputes, you agree to submit to the exclusive jurisdiction and venue of the U.S. District Court for the District of Arizona located in Phoenix, Arizona. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement.

c. Notices 

All notices from DBP to You will be sent to the email address You provided to DBP. Notices by email shall be deemed effective twenty-four (24) hours after the email is sent by DBP, unless DBP receives notice that the email address is invalid, in which event DBP may give You notice via first class or certified mail, return receipt requested. All notices from You to DBP shall be sent via certified mail, return receipt requested or traceable courier to:

        Domains By Proxy, LLC
        Attn: General Counsel
        14455 North Hayden Rd.
        Suite 219
        Scottsdale, AZ 85260

Notices sent via certified mail or traceable courier shall be deemed effective five (5) days after the date of mailing.

d. Insurance 

In the unlikely event You lose Your domain name registration to a third party solely as a result of DBP’s negligent actions (and absent fraud or other negligent or willful misconduct committed by a third party), You may be insured against such loss through DBP’s Professional Liability Insurance Policy, which is currently underwritten by American International Insurance Company. Of course, every claim is subject to the then-carrier’s investigation into the facts and circumstances surrounding such claim. In the event You have reason to believe that circumstances exist which warrant the filing of an insurance claim, please send a written notice (specifying the basis for such claim), via certified mail, return receipt requested, to:

        Domains By Proxy, LLC
        Attn: Insurance Claims
        14455 North Hayden Rd.
        Suite 219
        Scottsdale, AZ 85260

e. Indemnification 

In the unlikely event You lose Your domain name registration to a third party solely as a result of DBP’s willful misconduct, Your Registrar (the “Indemnifying Party”) will indemnify and hold You harmless against any losses, damages or costs (including reasonable attorneys’ fees) resulting from any claim, action, proceeding, suit or demand arising out of or related to the loss of Your domain name registration. Such indemnification obligations under this Section 10(e) are conditioned upon the following:

  1. That You promptly give both DBP and the Indemnifying Party written notice of the claim, demand, or action and provide reasonable assistance to the Indemnifying Party, at its cost and expense, in connection therewith, and
  2. That the Indemnifying Party has the right, at its option, to control and direct the defense to any settlement of such claim, demand, or action.

Any notice concerning indemnification shall, with respect to DBP, be sent in accordance with Section 10(c) of this Agreement. With respect to Your Registrar, notices regarding indemnification should be sent in accordance with the notification provisions contained in Your Registrar’s Domain Name Registration Agreement.

f. Term of Agreement; Survival 

The terms of this Agreement shall continue in full force and effect as long as DBP is the Registrant for any domain name on Your behalf. Sections 5 (Communications Forwarding), 6 (Limitation of Liability), 7 (Indemnity), 8 (Warranty Disclaimer) and 10 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.

Revised: 6/19/14
Copyright © 2003-2014 All Rights Reserved.

Domain Name Transfer Agreement

KORE DOMAINS
DOMAIN NAME TRANSFER AGREEMENT

Last Revised: February 11, 2015

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Domain Name Transfer Agreement (this “Agreement”) is entered into by and between Kore Domains, a NJ limited liability company, or in the event of a .ca domain name, by and between Wild West Domains Canada, Inc., a British Columbia corporation (each “Kore Domains”) and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the terms and conditions of your use of Kore Domains’s Domain Name Transfer services (the “Services”) to transfer a registered domain name from another domain name registrar to Kore Domains as the domain name registrar.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Kore Domains’s Universal Terms of Service AgreementDomain Name Registration Agreement, and Uniform Domain Name Dispute Resolution Policy, which are incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to Kore Domains.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Kore Domains, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Kore Domains website (this “Site”).  You acknowledge and agree that (i) Kore Domains may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.  In addition, Kore Domains may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your account (“Account”) information, including your email address, current.  Kore Domains assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

Kore Domains is not an Internet Corporation for Assigned Names and Numbers (“ICANN”) accredited registrar; it is an authorized reseller of domain name registration services.  Accordingly, you acknowledge and agree that Kore Domains may modify this Agreement in order to comply with any terms and conditions set forth by (i) the sponsoring registrar, (ii) ICANN, and/or (iii) the registry applicable to the top level domain (“TLD”) or country code top level domain (“ccTLD”) in question.  As used herein, the terms “registry”, “Registry”, “registry operator” or “Registry Operator” shall refer to the registry applicable to the TLD or ccTLD in question.  To identify the sponsoring registrar, click here.

This Agreement will be effective upon acceptance of the Registration and Transfer agreements in Step 3 of the Online Transfer Application process.

2. TRANSFER PROCESS FOR ALL DOMAIN NAMES, EXCEPT .CA DOMAIN NAMES

2.A. Steps for Transferring Your Domain Name Registration

NOTE: Once the transfer is complete, you will be able to RENEW, MODIFY DNS, and perform other functions by logging into your Account Manager. Complete all required information requested through the online transfer application, i.e. contact information, nameserver information, etc. Proceed through to the shopping cart and pay for your transfer(s). Update your Administrative Contact’s email address at your current registrar. We will be contacting the Administrative Contact’s email address for transfer approval. The transfer will only be initiated upon approval from your Administrative Contact. Once initiated, a transfer will be accepted or denied by the losing registrar within five (5) days.

2.B. Failed or Rejected Transfer Requests

Kore Domains may elect to accept or reject your domain name transfer application for any reason at its sole discretion. Rejections may include, but are not limited to:

The current Registrar rejected the transfer;

The original registration took place less than sixty (60) days prior to the transfer request;

The domain name has been placed in a locked status by either the Registry or by the losing registrar;

The domain was transferred to Kore Domains less than sixty (60) days prior to the transfer request;

The domain name expired but was not renewed;

The domain name expired and was renewed during the forty-five (45) day grace period and the forty-five (45) day grace period has not yet passed;

The Domain Name Registrant was changed less than sixty (60) days prior to the transfer request;

There was a Change of Account less than ten (10) days prior to the transfer request;

Any pending bankruptcy of the current domain name holder;

Any dispute over the identity of the domain name holder;

Any situation described in the Dispute Policy; or

Transfer orders over thirty (30) days old.

2.C. Terms for Transferring Domain Names

Upon successful transfer, you shall remain the registrant of the domain name and Kore Domains’s sponsoring registrar shall become the registrar of record. Your registration will be automatically extended by one (1) year when available by the domain name registry (please see the product disclaimers located on this Site for any applicable exceptions). Domain name registration transfers may only be initiated once acceptance of this Agreement is recorded, payment is made and the Administrative contact has responded positively to our email message asking for Permission to Transfer. The email message asking for Permission to Transfer will be sent to the Domain Name(s) Administrative Contact as identified in the previous Registrar’s WHO-IS database. You agree to retain a copy for your own records of the receipt for purchase of your domain name. The Administrative Contact will be acting on behalf of the Registrant and has legal authority to initiate this transfer request. You are responsible for updating the Administrative Contact’s email as identified in the previous Registrar’s WHO-IS database.

2.D. Transfers of Recently Renewed Domain Names

You understand that if you are transferring a domain name that has been recently renewed, there is the potential the renewal year will be lost. The renewal year will be lost if: (i) the domain name was renewed during the forty-five (45) day grace period after the expiration date had passed; and (ii) forty-five (45) days have not yet passed since that expiration date. You understand and agree that Kore Domains is not responsible for this lost year and that Kore Domains will not credit that year to your domain. You will need to review the registration agreement you have with your previous registrar to determine if you are due a refund or credit for the lost year. Please contact your previous registrar if you have any questions about the lost year. You understand and agree that Kore Domains will not intervene in the recovery of any such lost registration years that occur during the transfer of your domain name.

2.E. Data for Domain Transfer

You understand this is a request for a domain name transfer of registrars. By acceptance of this Agreement, you are requesting the domain name registration be transferred from the current registrar to Kore Domains. As the current authorized Registrant of the domain name(s), you agree to authorize this transfer by notifying your Administrative contact of his/her responsibilities with respect to this transfer. You acknowledge that you and Kore Domains have entered into a Domain Name Registration Agreement. You have read, understood, and agree to be legally bound by the agreements that govern all domain names registered through Kore Domains as found on the legal agreements page, including the Domain Name Registration Agreement; the ICANN Rules for Uniform Domain Name Dispute Resolution Policy; this Agreement; any Kore Domains policies and procedures that are or may be published from time to time by Kore Domains, ICANN, and/or the Registry Administrator chosen by ICANN.

3. TRANSFER PROCESS FOR .CA DOMAIN NAMES

3.A. Steps for Transferring Your Domain Name Registration

NOTE: Once the transfer is complete, you will be able to RENEW, MODIFY DNS, and perform other functions by logging into your Account Manager. Complete all required information requested through the online transfer application, i.e. contact information, nameserver information, etc. Proceed through to the shopping cart and pay for your transfer(s). Update your Administrative Contact’s email address at your current registrar. We will send an email to the email address in your account for transfer approval. The transfer will be initiated immediately once the correct authorization code is provided.

3.B. Failed or Rejected Transfer Requests

Kore Domains may elect to accept or reject your domain name transfer application for any reason at its sole discretion. Rejections may include, but are not limited to:

The original registration took place less than sixty (60) days prior to the transfer request;

The domain name has been placed in a locked status by either the Registry or by the losing registrar;

The domain was transferred to Kore Domains less than sixty (60) days prior to the transfer request;

The domain name expired but was not renewed;

The domain name expired and was renewed during the forty-five (45) day grace period and the forty-five (45) day grace period has not yet passed;

The Domain Name Registrant was changed less than sixty (60) days prior to the transfer request;

There was a Change of Account less than ten (10) days prior to the transfer request;

Any pending bankruptcy of the current domain name holder;

Any dispute over the identity of the domain name holder;

Any situation described in the Dispute Policy; or

Transfer orders over thirty (30) days old.

3.C. Terms for Transferring Domain Names

Upon successful transfer, you shall remain the registrant of the domain name and Kore Domains’s sponsoring registrar shall become the registrar of record. Your registration will be automatically extended by one (1) year. Domain name registration transfers may only be initiated once acceptance of this Agreement is recorded, payment is made and you have responded positively to our email message asking for Permission to Transfer. The email message asking for Permission to Transfer will be sent to you. You agree to retain a copy for your own records of the receipt for purchase of your domain name.

3.D. Transfers of Recently Renewed Domain Names

You understand that if you are transferring a domain name that has been recently renewed, there is the potential the renewal year will be lost. The renewal year will be lost if: (i) the domain name was renewed during the forty-five (45) day grace period after the expiration date had passed; and (ii) forty-five (45) days have not yet passed since that expiration date. You understand and agree that Kore Domains is not responsible for this lost year and that Kore Domains will not credit that year to your domain. You will need to review the registration agreement you have with your previous registrar to determine if you are due a refund or credit for the lost year. Please contact your previous registrar if you have any questions about the lost year. You understand and agree that Kore Domains will not intervene in the recovery of any such lost registration years that occur during the transfer of your domain name.

3.E. Data for Domain Transfer

You understand this is a request for a domain name transfer of registrars. By acceptance of this Agreement, you are requesting the domain name registration be transferred from the current registrar to Kore Domains. You acknowledge that you and Kore Domains have entered into a Domain Name Registration Agreement. You have read, understood, and agree to be legally bound by the agreements that govern all domain names registered through Kore Domains as found on the legal agreements page, including the Domain Name Registration Agreement; the ICANN Rules for Uniform Domain Name Dispute Resolution Policy; this Agreement; any Kore Domains policies and procedures that are or may be published from time to time by Kore Domains.

4. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

5. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement.  In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Revised: 2/11/15
Copyright © 2004-2015 All Rights Reserved.

Domain Name Registration Agreement

KORE DOMAINS
DOMAIN NAME REGISTRATION AGREEMENT

Last Revised: April 23, 2015

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Domain Name Registration Agreement (this “Agreement”) is entered into by and between Kore Domains, a NJ limited liability company (“Kore Domains”) and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the terms and conditions of your use of Kore Domains’s Domain Name Registration services (the “Domain Name Registration Services” or the “Services”).

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) Kore Domains’s Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Domain Name Registration Services landing page of the Kore Domains website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to Kore Domains.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement.  Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

You acknowledge and agree that (i) Kore Domains, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.  In addition, Kore Domains may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current.  Kore Domains assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

Kore Domains is not an Internet Corporation for Assigned Names and Numbers (“ICANN”) accredited registrar; it is an authorized reseller of domain name registration services.  Accordingly, you acknowledge and agree that Kore Domains may modify this Agreement in order to comply with any terms and conditions set forth by (i) the sponsoring registrar, (ii) ICANN, and/or (iii) the registry applicable to the top level domain (“TLD”) or country code top level domain (“ccTLD”) in question.  As used herein, the terms “registry”, “Registry”, “registry operator” or “Registry Operator” shall refer to the registry applicable to the TLD or ccTLD in question.  To identify the sponsoring registrar, click here.

In addition to domain name registrations, we may offer a variety of products that can be added to your domain name registration. Your purchase and use of each additional product is subject to both the general terms and conditions and the specific terms and conditions for each product as set forth in this Agreement

2. FEES AND PAYMENTS

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

You agree to pay any and all prices and fees (including any registration fees required by ICANN) due for Services purchased at this Site at the time you order the Services.  All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.  Kore Domains expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.  If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Where refunds are issued, Kore Domains’s issuance of a refund receipt is confirmation that Kore Domains has submitted your refund to the Payment Method (as defined below) charged at the time of the original sale.  You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund.  Refund posting time frames may range from five (5) business days to a full billing cycle.

You may pay for Services by providing a valid credit card, an electronic check (from your personal or business checking account, as appropriate), PayPal (as defined in the Universal Terms of Service Agreement), Alipay (as defined in the Universal Terms of Service Agreement), or by using Kore Domains’s “Good As Gold Prepaid Services” to establish a cash reserve for charge by Kore Domains (each, a “Payment Method”).  For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Shopper Account.  Confirmation of that order will be sent to the email address on file for your Shopper Account. Your Payment Method on file must be kept valid if you have any active Services in your Shopper Account.

If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION.  THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD.  FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD WAS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR.  WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING.  THEREFORE, UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, KORE DOMAINS WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH KORE DOMAINS AT KORE DOMAINS’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD.  IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR ACCOUNT MANAGER (“ACCOUNT MANAGER“) FROM THIS SITE AND FOLLOW THE STEPS FOUND HERE.  YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME.  HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND KORE DOMAINS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

IN ADDITION, KORE DOMAINS MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR CREDIT CARD PROVIDER (AND ULTIMATELY DEPENDENT ON YOUR BANK’S PARTICIPATION).  IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US.  IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, KORE DOMAINS WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. KORE DOMAINS MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID.  FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND KORE DOMAINS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

If for any reason Kore Domains is unable to charge your Payment Method for the full amount owed for the Services provided, or if Kore Domains is charged a penalty for any fee it previously charged to your Payment Method, you agree that Kore Domains may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason Kore Domains is unable to charge your credit card with the full amount owed for the Services provided, or if Kore Domains is charged back for any fee it previously charged to the credit card you provided, you agree that Kore Domains may pursue all available lawful remedies in order to obtain payment. You agree that the remedies Kore Domains may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf. Kore Domains reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Kore Domains may perform outside the normal scope of its Services, (ii) additional time and/or costs Kore Domains may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Kore Domains in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, Alipay, and Certegy (as defined in the Universal Terms of Service Agreement), fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with Kore Domains.

Kore Domains may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site (“Supported Currency” or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank.  In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Kore Domains makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT”), Goods and Services Tax (“GST”), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

Please refer to the Universal Terms of Service Agreement for further details regarding the individual Payment Methods referenced above.

(B) DOMAIN NAME RENEWAL TERMS

When you register a domain name, you will have three renewal options: (i) “Automatic Renewal”, (ii) “Extended Automatic Renewal”, and (iii) “Manual Renewal”:

  1. Automatic Renewal.  Automatic Renewal is the default setting. Therefore, unless you select either Extended Automatic Renewal or Manual Renewal, Kore Domains will enroll you in the Automatic Renewal plan.  If you enroll in the Automatic Renewal plan, Kore Domains will automatically renew, for a period equivalent to the length of your original domain name registration, any domain name that is up for renewal and will take payment from the Payment Method you have on file with Kore Domains, at Kore Domains’s then current rates. Thus, if you have chosen to register your domain name for one (1) year, Kore Domains will automatically renew it for one (1) year. If you have chosen to register your domain name for two (2) years, Kore Domains will automatically renew it for two (2) years, and so on.
  2. Extended Automatic Renewal.  If you enroll in the Extended Automatic Renewal plan, Kore Domains will automatically renew any domain name that is up for renewal for an additional one-year period on each and every anniversary of your domain name registration, so the initial registration period will always remain intact.  Thus, if you have chosen to register your domain name for two (2) years, Kore Domains will automatically renew it for one (1) additional year on each and every anniversary of your domain name registration so your two (2) year registration period will always remain intact. If you have chosen to register your domain name for five (5) years, Kore Domains will automatically renew it for one (1) additional year on each and every anniversary of your domain name registration so your five (5) year registration period will always remain intact, and so on.  Kore Domains will take payment from the Payment Method you have on file with Kore Domains, at Kore Domains’s then current one-year domain name registration rate.
  3. Manual Renewal.  If you do not select that the domain name be automatically renewed (through either Automatic Renewal or Extended Automatic Renewal), you have the responsibility of logging into the Domain Manager portion of your Account Manager for that domain name and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed). If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled and you will no longer have use of that name.

All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains.  Domain name renewals will be non-refundable. If for any reason Kore Domains is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card.

For certain ccTLDs (.am, .at, .be, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), renewal billing will occur on the first day of the month prior to the month of expiration.

For certain ccTLDs (.am, .at, .be, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), you must renew no later than the 20th of the month prior to the expiration date, or your domain name will be placed in non-renewal status. For some ccTLDs (.es) you must renew no later than seven days before the expiration date, or your domain name will be placed in non-renewal status.  When the domain name is in non-renewal status, you can renew the domain name only by calling Kore Domains and requesting that the domain name be renewed. You cannot renew the domain name through your Account Manager. If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled and you will no longer have use of that name.

You agree that Kore Domains will not be responsible for cancelled domain names that you fail to renew, either automatically or manually in the timeframes indicated in this Agreement. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for privacy services, protected registration, or any other similar service, with your domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance.

If you fail to renew your domain name in the timeframes indicated in this Agreement, you agree that Kore Domains may, in its sole discretion, renew your expired domain name on your behalf. If Kore Domains decides to renew your expired domain name on your behalf, you will have a Renewal Grace Period during which you may reimburse Kore Domains for the renewal and keep your domain name. The Renewal Grace Period is currently twelve (12) days but subject to change under the terms of this Agreement. For certain ccTLDs (.am, .at, .be, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg) there is no Renewal Grace Period after the expiration date of the domain name. If you do not reimburse Kore Domains for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you will have a 30-day redemption period during which you may pay Kore Domains a Redemption fee and redeem your domain name. The Redemption fee is currently $80.00 USD and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the 30-day redemption period Kore Domains may, in its sole discretion, delete your domain name or transfer it to another registrant on your behalf.  During the redemption period your domain name may be parked.

If your domain name is deleted, the Registry also provides a 30-day Redemption Grace Period during which you may pay Kore Domains a redemption fee and redeem your domain name. The redemption fee is currently $80.00 USD and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the Registry’s Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event there is a conflict between the provisions of this paragraph and the ccTLD terms, the ccTLD terms shall control.

Our registration expiration notification policy and associated fees are described here.

(C) FREE PRODUCT TERMS

In the event you are provided with free products with the registration of a domain name, you acknowledge and agree that such free products will only be available with a valid purchase and may be terminated in the event the domain name is deleted or cancelled.  For free domain names, you acknowledge and agree that you may not change the account associated with such free domain for the first five (5) days after registration.  In the event a free domain name is offered with the registration of another domain and if the paid domain name registered fails, then we may, in its sole discretion, either delete the registration of the free domain or refund the difference between the amount paid and the value of the free domain.  Failed registrations associated with promotionals offers may result in the deletion of the free or discounted item or an adjustment between the registered domain price and the value of the discounted item, in our sole discretion.

3. TERM OF AGREEMENT; TRANSFERS; DOMAIN TASTING

The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through Kore Domains.

You agree that you will not transfer any domain name registered through Kore Domains to another domain name registrar during the first sixty (60) days after its initial registration date.  You agree that you may not transfer any domain name for ten (10) days after a Change of Account.

You further agree that you will not engage in “domain tasting” by using the five (5) day grace period in which a registrant may choose to cancel a domain name and get a full refund of the registration fee as a vehicle to test the marketability or viability of a domain name.  If Kore Domains determines (which determination shall be made by Kore Domains in its sole and absolute discretion) that you have been engaging in “domain tasting”, then Kore Domains reserves the right to (a) charge you a small fee (which fee shall be deducted from any refund issued) or (b) refuse your cancellation/refund request altogether. Kore Domains will not charge you a fee if Kore Domains cancels your domain name during the five (5) day grace period due to fraud or other activity outside of your control. The five (5) day grace period does not apply to Premium Domains, which are non-refundable.

You agree that Kore Domains shall not be bound by (i) any representations made by third parties who you may use to purchase services from Kore Domains, or (ii) any statements of a general nature, which may be posted on Kore Domains’s website or contained in Kore Domains’s promotional materials.

4. UP TO DATE INFORMATION; USE OF INFORMATION AND EXPIRATION

You agree to notify Kore Domains within five (5) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Kore Domains with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Kore Domains to determine the validity of information provided by you, shall also be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. You agree to retain a copy for your record of the receipt for purchase of your domain name.

You agree that for each domain name registered by you, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the Registered Name Holder and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact.

You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator, for their use, copying, distribution, publication, modification and other processing. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both Kore Domains and the registry operator may be required to archive this information with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, 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.  Registrar will not process data in a way that is incompatible with this Agreement.  Registrar will take reasonable precautions to protect data from loss or misuse.

You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:

  • The domain name;
  • Your name and postal address;
  • The name, email address, postal address, voice and fax numbers for technical and administrative contacts;
  • The Internet protocol numbers for the primary and secondary name servers;
  • The corresponding names of the name servers; and
  • The original date of registration and expiration date.
  • Name of primary name server and secondary name server.
  • Identity of the registrar.

You agree that, to the extent permitted by ICANN, Kore Domains may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you’ve obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by the CIRA or any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name:

  1. The domain or sub-domain name(s) registered by you;
  2. Your organization name, type and postal address;
  3. The name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s);
  4. The full hostnames and Internet protocol (IP) addresses of at least two (2) name server hosts (one primary and at least one secondary) for your domain or sub-domain name. Up to six (6) name servers may be specified. If a host has more than one (1) IP address, use a comma-separated list;
  5. The corresponding names of those name servers;
  6. The original creation date of the registration; and
  7. The expiration date of the registration.

We may be required to make this information available in bulk form to third parties. We may also transfer or assign this information to CIRA or such other third party as we may decide, in our sole discretion.

5. DISPUTE RESOLUTION POLICY

You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this Agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that Kore Domains may from time to time modify its Dispute Resolution Policy. Kore Domains will post any changes to its Dispute Resolution Policy at least thirty (30) days before they become effective. You agree that by maintaining your domain name registrations with Kore Domains after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review Kore Domains’s website periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel or terminate your Services with Kore Domains as a result of the modified Dispute Resolution policy, no fees will be refunded to you. You also agree to submit to proceedings commenced under ICANN’s Uniform Rapid Suspension System, if applicable.

You agree that if a dispute arises as a result of one (1) or more domain names you have registered using Kore Domains, you will indemnify, defend and hold Kore Domains harmless as provided for in this Agreement. You also agree that if Kore Domains is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using Kore Domains, that Kore Domains, in its sole discretion, may take whatever action Kore Domains deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold Kore Domains harmless for any action taken by Kore Domains.

You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where registrar is located.

In the case of .ca domain names, you agree that, if your use of the service or the registration of a .ca domain name is challenged by a third party, you will be subject to the provisions specified by CIRA in their dispute resolution policy, in effect at the time of the dispute.

6. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES

If you transfer any domain name, you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Name Transfer Agreement. You may view the latest version of our Domain Name Transfer Agreement online. In order to further protect your domain name, any domain name registered with Kore Domains or transferred to Kore Domains shall be placed on lock status. The domain name must be placed on unlock status in order to initiate a transfer of the domain name away from Kore Domains to a new Registrar. You may log into your account with Kore Domains at any time after your domain name has been successfully transferred to Kore Domains, and change the status to unlock.

In the event you are purchasing a domain name on behalf of a third party, you agree to inform any customer of yours, who may be acquiring a domain name through you using Kore Domains’s registration services, that they are in fact registering their domain name through Kore Domains and that Kore Domains or its licensor is an accredited registrar with ICANN. You agree not to represent that you are an ICANN-accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your website.

You agree to obtain each of your customers’ acceptances to the then current version of this Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customers accept additional terms and conditions that are not required by Kore Domains, you agree that such additional terms and conditions shall not conflict with this Agreement and the policies and procedures adopted by ICANN.

You agree that Kore Domains is not lending you access to its registrar connections or its registry access, nor will you be deemed to be a registrar in your own right. Furthermore, you agree you will not attempt to gain access to Kore Domains’s registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.

You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within five (5) business days, provide such information to Kore Domains so Kore Domains may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide Kore Domains copies of same.

7. YOUR OBLIGATIONS; SUSPENSION OF SERVICES; BREACH OF AGREEMENT

You represent and warrant to the best of your knowledge that, neither the registration of the domain nor the manner it is directly or indirectly used, infringes the legal rights of any third party.  You will comply with all applicable laws, including, but not limited to those relating to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, and disclosure of data and financial disclosures.  If you collect and maintain sensitive health and financial data, you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.  You represent that you possess any necessary authorization, charter, license, and/or other related credential for participation in the sector associated with the associated registry tld string.  You will report any material changes to the validity of your authorization, charter, license, and/or other related credential. You will indemnify and hold harmless the registrar and registry operator, and their 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 related to the domain name registration.  This obligation shall survive expiration or termination of this Agreement or the domain name registration.

You agree that, in addition to other events set forth in this Agreement:

  1. Your ability to use any of the services provided by Kore Domains is subject to cancellation or suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN;
  2. Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any Kore Domains procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by Kore Domains or the registry operator in registering any domain name; or (b) for the resolution of disputes concerning any domain name.

You acknowledge and agree that Kore Domains and registry reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either Kore Domains or the registry: (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 or any registrar in connection with a domain name registration, (iii) for the non-payment of fees to registry, (iv) to protect the integrity and stability of the registry, (v) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (vi) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement, (vii) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees, (viii) per the terms of this Agreement, (ix) following an occurrence of any of the prohibited activities described in Section 8 below, or (x) during the resolution of a dispute.

You agree that your failure to comply completely with the terms and conditions of this Agreement and any Kore Domains rule or policy may be considered by Kore Domains to be a material breach of this Agreement and Kore Domains may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide Kore Domains with material evidence that you have not breached your obligations to Kore Domains within ten (10) business days, Kore Domains may terminate its relationship with you and take any remedial action available to Kore Domains under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, cancelling the registration of any of your domain names and discontinuing any services provided by Kore Domains to you. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.

Kore Domains’s failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

8. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You agree not to use the services provided by Kore Domains, or to allow or enable others, to use the services provided by Kore Domains for the purposes of:

  • The transmission of unsolicited email (Spam); and
  • Repetitive, high volume inquires into any of the services provided by Kore Domains (i.e. domain name availability, etc.).

You acknowledge and agree that you are prohibited 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 you acknowledge and agree that the consequences for such activities include suspension of the domain name.

If you are hosting your domain name system (“DNS”) on Kore Domains’s servers, or are using our systems to forward a domain name, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with Kore Domains, you are responsible for ensuring there is no excessive overloading on Kore Domains’s servers. You may not use Kore Domains’s servers and your domain name as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that Kore Domains reserves the right to deactivate your domain name from its DNS if Kore Domains deems it is the recipient of activities caused by your site that threaten the stability of its network.

You agree that Kore Domains, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. Kore Domains also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. Kore Domains may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by Kore Domains in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to:

  • Activities prohibited by the laws of the United States and/or foreign territories in which you conduct business;
  • Activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; and
  • Activities designed to harm or use unethically minors in any way.

In the event Kore Domains refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to Kore Domains in connection with the registration either being cancelled or refused. In the event Kore Domains deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

9. DEFAULT SETTINGS; PARKED PAGE

Choosing Your Domain Name Settings.  When you register a domain name with Kore Domains, you will be prompted to choose your domain name settings during the checkout process.  If you plan on using another provider for your website or hosting needs, then you should enter the name servers of such provider when you choose your domain name settings.  This will direct your domain name away from Kore Domains’s name servers.  If you are an existing Kore Domains customer and have already set up a customer profile designating your domain name settings for new domain name registrations, you will not need to complete this step again during the checkout process.

Kore Domains’s Default Settings.  If you do not direct your domain name away from Kore Domains’s name servers as described above, Kore Domains will direct your domain name to a “Parked Page” (“Default Setting”).  You acknowledge and agree that Kore Domains has the right to set the Default Setting.

Parked Page Default Setting.  Kore Domains’s Parked Page service is an online domain monetization system designed to generate revenue (through the use of pay per click advertising) from domain names that are not actively being used as websites.  If your domain name is directed to a Parked Page, you acknowledge and agree that Kore Domains may display both (a) in-house advertising (which includes links to Kore Domains products and services) and (b) third-party advertising (which includes links to third-party products and services) on your Parked Page through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, or any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means.  In addition, you acknowledge and agree that all in-house and third-party advertising will be selected by Kore Domains and its advertising partners, as appropriate, and you will not be permitted to customize the advertising, or entitled to any compensation in exchange therefor.  Please note that the third-party advertising displayed on Kore Domains’s Parked Pages may contain content offensive to you, including but not limited to links to adult content.  Kore Domains makes no effort to edit, control, monitor, or restrict the content and third-party advertising displayed on Kore Domains’s Parked Pages, and expressly disclaims any liability or responsibility to you or any third party in connection therewith.

Changing Kore Domains’s Default Settings.  You may change Kore Domains’s Default Settings at any time during the term of your domain name registration.

  1. Content Displaying On Your Parked Page.  You can not modify the content displaying on your Parked Page.  You may select one of the other options listed below.
  2. Participating In Domain Name Monetization.  If you wish to participate in the domain monetization potential presented by Kore Domains’s Parked Page service, please review and consider purchasing our CashParking® service.
  3. No Content.  If the options listed above are not acceptable to you and you would prefer that no content display on your domain name, please contact customer support.

Return To Parked Page Default Setting Upon Domain Name Expiration.  Upon domain name expiration, and regardless of how you use your domain name during the term of your domain name registration, your domain name will automatically return to the Parked Page Default Setting described above.  As used in this paragraph, “expiration” is deemed to include any “renewal period” or “redemption period” immediately after the domain name expires, but before the domain name is returned to the registry.  Once your domain name has returned to the Parked Page Default Setting described above, the only way to opt out of the Parked Page service is to renew, redeem, or re-register your domain name in accordance with Section 2(B), Domain Name Renewal Terms, of this Agreement.

10. DOMAIN ADD-ONS

Business Registration:  Business registration allows You to display additional information about the business that is the basis of Your domain name, including, but not limited to, such information as Your fax number, street address, and hours of operation.

Certified Domains.  The certified domain service generally allow You to:  (i) put a Certified Domain Validation seal on Your website; and (ii) have Your domain name listed as “Certified”, in WHOIS lookups on our website.   The Certified Domain Validation seal renews independently of Your domain. When You renew Your domain, You must also, when necessary, separately renew Your Certified Validation seal. However, the Certified Domain Validation seal can be cancelled independently of Your domain. If the domain is cancelled, the Certified Domain associated with the cancelled domain will automatically cancel.  The Certified Domain seal is a trademark and is protected by copyright, trademark and other intellectual property laws. You may use the Certified Domain seal only in conjunction with the purchase of the Services set forth in the Agreement, and subject to the terms and conditions hereof. Other than provided for in this Agreement, You may not otherwise use, reproduce, or modify the mark for any additional promotional use, without our prior written approval. Your right to the use of the Certified Domain seal is immediately terminated upon expiration or termination of this Agreement.

Expiration Consolidation.  You understand and acknowledge the expiration consolidation service may only be used to consolidate the expiration of .com and .net domain names. The service may not be used to consolidate domains that are on Registrar HOLD, Registry HOLD, or pending Transfer status. You acknowledge the service may only be used to push the expiration date of Your domains forward in time, at least one (1) month forward and no more than ten (10) years forward, and then, only for a period lasting less than twelve (12) months. Once the service has been used to consolidate domains, the new expiration date may not be reversed. To ensure the service is not abused or used as an alternative to renewals, you may only use the service on each domain once in any 12-month period. The service may only be used on domain names that have not passed their expiration date. In order to change the expiration date again, You will be required to renew the domain name first.  You further understand and acknowledge the service may only be used to coordinate domains where we are the registrar of record. Domains not registered with us must be transferred before we can perform the Service.

Backordering/Monitoring.  You agree a domain name that has expired shall be subject first to a grace period of twelve (12) days, followed by the ICANN-mandated redemption grace period of thirty (30) days. During this period of time, the current domain name registrant may renew the domain name and retain ownership. We do not guarantee your backorder will result in you obtaining the domain name and expressly reserves the right to (a) refuse additional backorders or (b) cancel existing backorders at any time for any reason.  If your backorder is refused or cancelled, we agree to promptly refund any fees paid for such domain name backorder. The domain name may also be placed in a secondary market for resale through the Auctions® service.  In order for the backorder request to remain effective, you must have an active Auctions membership. After your first year of Auctions membership, you agree that unless otherwise advised, we will automatically renew your Auctions membership using the payment method you have on file for so long as your backorder credit is active. You may learn more about Auctions by visiting the Auctions website. The domain name may also be subject to a drop pool process before it is available for purchasing. You understand we and our registrar affiliates use our services, including backordering.  Therefore, the domain name may be registered with a different registrar, but can be managed through your account.  By using the Services, you will be able to, among other things:

  1. Backorder any domain name under the top level domains .COM, .NET, .US, .BIZ, .INFO, .ORG, .MOBI. A backorder for a domain name will include the price of up to a one-year domain name registration. Should you successfully backorder any domain name, you will be subject to the terms and conditions of the Domain Name Registration and related agreements, which are incorporated herein by reference.
  2. Change your backorder until you obtain a domain name. You will have the opportunity to change the credit to a different domain name until you successfully capture one. After three (3) years, if the credit is not used, we reserves the right to remove the credit.
  3. Subscribe monthly to an expiring domain name list. You may also choose to purchase a subscription to a list of domain names expiring within the next five (5) days. If you subscribe to the expiring domain name list, you agree the payment method you have on file may be charged on a monthly subscription basis for the term of the Services you purchase.
  4. Select domain names off the expiring domain name list you would like to register. Each domain name you attempt to backorder will include the price of up to a one-year domain name registration, as set forth in subsection (i) above.
  5. Monitor your currently registered domain names for changes in registrar, status, expiration date or name servers at no additional cost.
  6. Subscribe to Domain Alert Pro which enables you to monitor any currently registered domain name, regardless of registrar, for historical tracking of status changes and designation of multiple email notification addresses.

Ownership Protection.  The ownership protection service generally allow You to: (i) protect against losing a domain name; (ii) disallow the transfer of a domain name while this Service is active on that name; and (iii) receive an annual domain name report detailing the status of all domain names protected under this Service.  Subject to applicable rules, domain names can be transferred from registrar to registrar and from registrant to registrant. However, the Service protects against and prevent both kinds of transfers. Once You have elected to purchase the Service for any and all domain names, the automatic renewal function will be activated for each domain name and those names will not be transferable until the renewal of the Service. Accordingly, You acknowledge and agree You have carefully considered the implications accompanying the purchase of the Service and understand the restrictions the Service will place upon Your ability to transfer any domain names for which You have purchased the Service. You further acknowledge and agree any domain name for which You have purchased the Service will not be transferable for any reason until the next regularly occurring renewal of such domain name, provided, You have previously elected to deactivate the Service for that particular domain name, which deactivation may not occur until the expiration of the current term of the Service. By way of example and not as a limitation, if You elect to purchase the Service for a domain name, which You have registered for a period of five (5) years, the Service will remain active for the same five (5) year period and You will not be able to engage in any transfer whatsoever of that domain name during such five (5) year period.

Premium Domain Names.

1. Description of Service.  The Premium Domain Name service (“Service”) is provided to facilitate the buying and selling of currently registered domain names. We provide a venue and a transaction facilitation process. We are not an auctioneer or an escrow agent. We are not in custody of all of the domain names listed on the web site. As result, we have no control over the quality, safety or legality of the domain names listed. Domain names listed may be withdrawn at any time by the seller or by us.  We act as a transaction facilitator to help You make and receive payments from third parties. We are not an escrow agent, rather we act as Your agent based upon Your direction and requests to use the Services that require us to perform tasks on Your behalf. We will not use Your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge we are not a bank and the Service is a payment processing service rather than a banking service. You further acknowledge we are not acting as a trustee, fiduciary or escrow with respect to Your funds.  In all transactions, where the domain name is registered to us, domain names purchased through the Service may not be transferred away from us to another registrar for a period of sixty (60) days following the change of ownership date.

2. Your Obligations.

Listing Domain Names. You may use the Services to list domain names to which You: (i) have ownership rights for sale; and (ii) are able to transfer in accordance with Your obligations under this Agreement. By using the Services for such purposes, You represent and warrant that: (i) You have all rights, titles and interests in the domain name necessary to complete the transaction; (ii) the domain name does not infringe on the intellectual property rights of anyone else; and (iii) You have the right to transfer the domain name in accordance with Your obligations under this Agreement.  You further agree the domain name is not currently or will not in the foreseeable future be associated with a Uniform Dispute Resolution Policy Dispute or other such litigation. In the event You are unable to comply or fail to comply with Your obligations under this Agreement, we expressly reserves the right to delist any or all of Your domain names immediately upon becoming aware of Your failure to comply.  You may list Your domain name for any duration offered on the web site. You agree to pay the listing fee associated with the duration period You choose at the time of the listing. You may choose to supplement the listing with various additional services provided, if any. By using the additional services, You agree to pay any additional charges we may associate with the additional services. We reserve the right to modify its pricing structure at any time. If You find a Buyer using the Services, the transaction must be completed within the Services. For each transaction completed within the Services, You agree to pay us a transaction fee according to the fee schedule published on the site . Such transaction fee will be payable directly to us. You agree You will not sell the domain name to any Buyer found through the Services without using the Services to complete the transaction. Should we find You are circumventing the Services, we reserve the right to terminate Your account and cancel all of Your listings.  In the event that you update your sale price, you acknowledge and agree that it may take up to 24 hours to update the price shown to buyers.  In the event your domain name sells prior to the price being updated on the website, you agree that the price listed will be enforced.

Purchasing Domain Names. As a Buyer, You are obligated to complete the transaction if You purchase the domain name. You acknowledge that some listed domain names may be subject to an additional registration fee. For those domain names, the registration fee will be added to the price to form the purchase price. You agree that by completing the transaction, You are responsible for payment of the registration fee. By initiating and sending payments through the Service, You appoint us as Your agent to obtain the funds on Your behalf and transfer them to the recipient You designate. We will obtain the funds first by the Payment Method You have designated. If there are insufficient funds or invalid credit card information, we may obtain the remaining funds by charging any Payment Method You have on file. Once You send payment, we will hold those funds as Your agent for a prescribed period of time based on the type of transaction, at which time we will release the funds to the Seller. At no time will You be able to withdraw those funds or send the funds to another recipient unless the initial transaction is canceled. Should the Seller refuse payment, the funds, minus the administration fee as outlined in the pricing structure, will be returned to You. You agree that we are not responsible for payments refused by Seller.

Transfer of Ownership. We does not own all of the domain names listed on the Site and cannot guarantee immediate transfer. For domain names we do own, transfer of ownership will begin upon completion of the check out procedure. Further, the transfer by us of any domain name to a buyer is done without warranty and we expressly waive any and all warranties or representations that a domain name does not infringe upon the intellectual rights of a third party.

Selling Domain Names. As a Seller, You are obligated to complete the transaction if the Buyer commits to purchase the domain. By receiving payments through the Service, You appoint us as Your Agent to receive and deposit funds on Your behalf. You must, at the time of listing of Your domain name, establish a payee account. Payments for completed domain name sales will be credited to Your payee account.  After a fraud holding period, if no fraud has been detected, your funds will be paid according to the payment method you select in your payee account.  Typically, payments are made as follows:

Electronic (ACH) — Processed the same day and remitted within two business days, depending on your financial institution

PayPal® — Processed the same day and remitted within one business day

Good As Gold — Processed the same day and remitted within one business day

Check — Processed weekly and mailed to you within 9 business days

If you do not have a payee account, we will process payment by check by default.  Beginning January 1, 2013, you will be charged a $25.00 processing fee for all check payments. You hereby authorize us to initiate and post credit (positive) entries for payments to the payee account. You understand the amount initiated and posted to the payee account will represent payment for domain names sold using the Service, less any applicable fees and/or charge backs. You hereby authorize us to initiate and post debit (negative) entries to the payee account to reverse erroneous payments and/or make adjustments to incorrect payments. The authority granted to us by the payee account owner herein will remain in full force and effect until we have received written notification from the payee account owner that such authority has been revoked, but in any event, such writing shall be provided in such a manner as to afford us a reasonable opportunity to act on such revocation, or until we have sent notice to terminate this Agreement. In the event of a payment charge back, we will deduct the amount of the payment from Seller’s payment method on file. In the event that chargeback experience is high, as determined by us, we reserve the right to hold back twenty percent (20%) of all Seller’s payments for ninety (90) days from the date the payment was to be paid.

Transfer Validation. The transfer validation service is provided to help You keep Your domain name secure. By choosing to use the service, You are making an explicit and voluntary request to us to deny all attempts to transfer Your domain name to another registrar, or to move Your domain name to another account, unless You verify each request as described herein. You will provide us with a contact name, phone number and PIN for domain transfer validations. You will be contacted by us when a domain transfer is requested for a domain name in Your account. When we receive a transfer request, we will call You to verify the transfer request. If we can not reach You with seventy-two (72) hours of receipt of the transfer request, the transfer will be denied. If You do not provide the proper PIN, the transfer will be denied. When we receive a change of account request, we will call You to verify the change request. If we can not reach You with seventy-two (72) hours of receipt of the change request, the change will be denied. If You do not provide the proper PIN, the change will be denied. Availability of Services are subject to the terms and conditions of this Agreement and each of our policies and procedures. We shall use commercially reasonable efforts to attempt to provide certain portions of the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement and other portions of the service, during normal business hours. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that we may undertake from time to time; or (iii) causes beyond the reasonable control of us or that are not reasonably foreseeable by us, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we has no control over the availability of the service on a continuous or uninterrupted basis.

Total/Premium DNS.  Total DNS is a complete Domain Name System (“DNS”) tool that allows you to manage your DNS and keep your website and web-based applications available and performing reliably.  The service is provided “as is”, “as available”, and “with all faults”, and we assume no liability or responsibility regarding the same.

In addition, you specifically acknowledge and agree that we shall have no liability or responsibility for any:

  1. Service interruptions caused by periodic maintenance, repairs or replacements of the  Global Nameserver Infrastructure (defined below) that we may undertake from time to time;
  2. Service interruptions caused by you from custom scripting, coding, programming or configurations;
  3. Service interruptions caused by you from the installation of third-party applications;
  4. Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website, including but not limited to, changes via mechanisms such as file transfer protocol (“FTP”) and email; or
  5. Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us , including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

Subject to the provisions of Force Majeure below, we offer a service uptime guarantee (“Service Uptime Guarantee”) for paid services of 99.999% availability (defined below).  You shall receive service credits for any Outage (defined below) of the service covered by the Service Uptime Guarantee.  The service credits shall be applied as extensions to the terms of the affected Service.  The Service Uptime Guarantee shall become effective fourteen (14) days after your purchase of the Service covered by the Service Uptime Guarantee to allow both parties time to properly configure and test the Service.

Definitions.  For the purposes of the Service Uptime Guarantee, the following definitions shall apply:

  1. “Global Nameserver Infrastructure”:  The group of systems (servers, hardware, and associated software) that are responsible for delivering the Services. The Global Nameserver Infrastructure does not include web-based user interfaces, zone transfer mechanisms, update systems, or other customer-accessible data access or manipulation methods.
  2. “99.999% availability”:  A guarantee that the Global Nameserver Infrastructure shall be available to respond to DNS queries 99.999% of the time.
  3. “Outage”:  A period in which the Global Nameserver Infrastructure did not maintain 99.999% availability.

Exclusions.  For the purposes of the Service Uptime Guarantee, downtime due to the following events shall not be considered an Outage:

  1. Service interruptions caused by “Regularly Scheduled Maintenance”, which shall be defined as any maintenance performed on the Global Nameserver Infrastructure of which customer is notified twenty-four (24) hours in advance.  Email notice of Regularly Scheduled Maintenance shall be provided to customer’s designated email address;
  2. Service interruptions caused by you from custom scripting, coding, programming or configurations;
  3. Service interruptions caused by you from the installation of third-party applications;
  4. Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website, including but not limited to, changes via mechanisms such as file transfer protocol (“FTP”) and email; or
  5. Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

We, in our sole and absolute discretion, shall determine whether an event shall be considered an Outage.

Remedies.  For the purposes of the Service Uptime Guarantee, when the customer becomes aware of an Outage, the customer shall open a ticket with our technical support services within five (5) calendar days of the Outage.  If we determine that an Outage did occur, then the customer shall receive a service credit in the amount of two (2) months for any affected Services.  The service credit shall be applied as an extension to the term of the affected Services.  A customer’s Account shall not be credited more than once per month under the Service Uptime Guarantee.

To qualify for a service credit, you must have a current and valid subscription to the Services affected, and must have an Account in good standing with us.  Service credits will not apply to any charges or Services other than the Services for which the Service Uptime Guarantee was not met.  Customers with subscriptions for more than one Service will not receive credits for unaffected Services.  The remedies set forth herein shall be the sole and exclusive remedies if we do not meet the Service Uptime Guarantee.

In the event either party is unable to carry out its material obligations under this Agreement by reason of Force Majeure those obligations will be suspended during the continuance of the Force Majeure, provided the cause of the Force Majeure is remedied as quickly as practicable. The term “Force Majeure” means any event caused by occurrences beyond a party’s reasonable control, including, but not limited to, acts of God, fire or flood, war, terrorism, governmental regulations, policies or actions enacted or taken subsequent to execution of this Agreement, or any labor, telecommunications or other utility shortage, outage or curtailment.

If your Services include Domain Name System Security Extensions (“DNSSEC”), you will be able to secure your domain names with DNSSEC.  DNSSEC is designed to protect you from forged DNS data so “hackers” cannot direct visitors to your website to a forged site.

DNSSEC works by using public key cryptography.  You acknowledge and agree that if the keys do not match, a visitor’s lookup of your website may fail (and result in a “website not found” error) and we assume no liability or responsibility regarding the same.  In addition, DNSSEC responses are authenticated, but not encrypted.  You acknowledge and agree that DNSSEC does not provide confidentiality of data, and we assume no liability or responsibility regarding the same.

We prohibit the running of a public recursive DNS service on any server.  All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses.  We actively scan for the presence of public recursive DNS services and reserves the right to remove any servers from the network that violate this restriction.

11. PRE-REGISTRATIONS

If you submit an application for pre-registration of a domain name, Kore Domains does not guarantee that the name will be secured for you, or that you will have immediate access to the domain name if secured.  Kore Domains may use third-party service providers for the pre-registration services.

12. PROVISIONS SPECIFIC TO ALL REGISTRATIONS

We may offer some or all of the following domain names.  You agree to be bound by the rules, policies and agreements of each Registry from which you purchase a domain name registration, which may include, but is not limited to, Top Level Domain Registries and Second Level Domain Registrations. You further agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which each applicable Registry Operator has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself or any other arrangement with ICANN. You further agree to comply with any operational standards, policies, procedures, and practices for the each Registry TLD established from time to time by the applicable Registry Operators in a non-arbitrary manner, which shall be effective upon posting on this Site.

13. PROVISIONS SPECIFIC TO AFILIAS REGISTRATIONS: .BLUE; .BLACK; .GLOBAL; .GREEN; .HIV; .KIM; .LGBT; .ONL; .PINK; .POKER; .RED; .RICH; .SHIKSHA; .VOTE; .VOTO; .XN-6FRZ82G

You agree to comply with Registry’s policies, including all applicable public interest commitments, community registration policies and Government Advisory Committee safeguards, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD.

You agree to indemnify, defend and hold harmless the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, 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 your domain name registration.  The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.

Mandated certain additional safeguards for the .poker top-level domain (the “Highly-Regulated TLD”):

For the Highly-Regulated TLD you agree to comply with the following: (a) comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures; (b) if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law; (c) you will provide administrative contact information, which must be kept up‐to‐date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or Industry self‐regulatory, bodies in their main place of business.

14. PROVISIONS SPECIFIC TO .BERLIN REGISTRATIONS

You agree to comply with Registry’s Registration guidelines and policies located here, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD, which are hereby incorporated by reference.

You agree to indemnify, defend and hold harmless the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, 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 your domain name registration.  The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.

15. PROVISIONS SPECIFIC TO .BEST REGISTRATIONS

You agree to comply with Registry’s Registration guidelines and policies located here, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD, which are hereby incorporated by reference.

You agree to indemnify, defend and hold harmless the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, 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 your domain name registration.  The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.

16. PROVISIONS SPECIFIC TO .BIZ REGISTRATIO[NS 

Restrictions.  Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of these restrictions, “bona fide business or commercial use” means 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 (i) to exchange goods, services, or property of any kind; (ii) in the ordinary course of trade or business; or (iii) to facilitate the exchange of goods, services, information, or property of any kind or the ordinary course of trade or business. Registering a domain name solely for the purposes of selling, trading or leasing the domain name for compensation, or for the unsolicited offering to sell, trade or lease the domain name for compensation does not constitute a “bona fide business or commercial use” of that domain name.

Eligibility Requirements.  As a .BIZ domain name registrant, you hereby certify to the best of your knowledge that (i) the registered domain name will be used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of selling, trading or leasing the domain name for compensation or the unsolicited offering to sell, trade or lease the domain name for compensation; (ii) the domain name registrant has the authority to enter into this registration agreement; and (iii) the registered domain name is reasonably related to the registrant’s business or intended commercial purpose at the time of registration.

Domain Name Dispute Policy.  If you reserved or registered a .BIZ domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

i.       Uniform Domain Name Dispute Resolution Policy; and

ii.       Restrictions Dispute Resolution Policy.

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 basis by an independent ICANN-accredited dispute provider. 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.

Domain Name Dispute Policy Modifications.  You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our website at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you cancel or terminate your Services with us.

Domain Name Disputes.  You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

Reservation of Rights.  We and the .BIZ Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that we deem necessary, in our discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of us and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. We and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.

Indemnification.  You agree to indemnify, defend and hold harmless us and the .BIZ Registry Operator, NeuLevel, 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 the Registered Name holder’s domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.

One Year Registration.  If you are registering a .BIZ domain name and you elect to take advantage of special pricing applicable to one-year registrations, we will automatically renew your domain name for an additional one-year period at the end of the first year term by taking payment from the Payment Method you have on file, unless you notify us that you do not wish to renew. You will be notified and given the opportunity to accept or decline the one-year renewal prior to your domain name expiration date. In the event you decide not to renew your one-year .BIZ domain name for a second year, your domain name registration will automatically revert back to us and we will gain full rights of registration to such domain name. You agree that if you delete or transfer your .BIZ domain name during the first year, you will automatically be charged the second year renewal fees.

17. PROVISIONS SPECIFIC TO .BUZZ REGISTRATIONS

You agree to comply with Registry’s Acceptable Use policies and Terms of Service, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD.

You agree to indemnify, defend and hold harmless the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, 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 your domain name registration.  The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.

18. PROVISIONS SPECIFIC TO CENTRALNIC REGISTRATIONS: .BAR; .CAPITAL; .CRICKET; .DESIGN; .ENGINEERING; .EXCHANGE; .GRIPE; .INK; .PARTY; .REST; .SCIENCE; .SPACE .WIKI; .XYZ

You agree to comply with the following requirements: a) ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance; and b) operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator and any additional or revised operational standards, policies, procedures, and practices for the Registry TLD.

You agree to indemnify, defend and hold harmless Registry Operator, CentralNic and their subcontractors, and the 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 your domain name registration. This indemnification obligation survive the termination or expiration of the Agreement.

19. PROVISIONS SPECIFIC TO .CEO REGISTRATIONS

You agree to comply with Registry’s Registration guidelines and policies located here, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD, which are hereby incorporated by reference.

You agree to indemnify, defend and hold harmless the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, 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 your domain name registration.  The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.

20. PROVISIONS SPECIFIC TO .COM REGISTRATIONS 

You agree to indemnify, defend and hold harmless the .COM Registry Operator, 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 the Registered Name holder’s domain name registration.

21. PROVISIONS SPECIFIC TO .CLUB REGISTRATIONS

You agree to comply with the Registry’s Acceptable Use policy and Terms and Service, available here, which are hereby incorporated by reference, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD for the Registered Name.

You will (within thirty (30) days of demand) indemnify, defend and hold harmless the Registry Operator, Registry Service Provider, Registrar and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration.  You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s or Registry Operator’s prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation shall survive the termination or expiration of the Agreement for any reason.

22. PROVISIONS SPECIFIC TO .CYMRU AND .WALES REGISTRATIONS

You agree to comply with the Registry’s Acceptable Use policy and Terms and Conditions, available here, which are hereby incorporated by reference, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD for the Registered Name.

You will indemnify, defend and hold harmless the Registry Operator and its subcontractors, and the 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 your domain name registration. This indemnification obligation shall survive the termination or expiration of the Agreement for any reason.

23. PROVISIONS SPECIFIC TO .DESI REGISTRATIONS

You acknowledge and agree that the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by Registry or any registrar in connection with a domain name registration, (3) for breach of the registration agreement, or (4) if required by a URS, UDRP, DRS, or CRS proceeding; or (5) for the nonpayment of fees to Registry.

You will indemnify, defend and hold harmless the Registry and its subcontractors, and the 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, for any reason whatsoever, your domain name registration and use of the domain name and/or any associated service, activity or content. This indemnification obligation shall survive the termination or expiration of the Agreement for any reason.

24. PROVISIONS SPECIFIC TO ALL DONUTS TLD REGISTRATIONS: .academy; .accountants; .agency; .apartments; .associates; .bargains; .bike; .bingo; .boutique; .builders; .business; .cab; .camera; .camp; .capital; .cards; .cafe; .care; .careers; .cash; .casino; .catering; .center; .chat; .cheap; .church; .city; .claims; .cleaning; .clinic; .clothing; .coach; .codes; .coffee; .community; .company; .computer; .condos; .construction; .contractors;  .cool; .credit; .creditcard; .cruises; .dating; .deals; .delivery; .dental; .diamonds; .digital; .direct.; .directory; .discount; .domains; .education; .email; .energy; .engineering; .enterprises; .estate; .equipment;  .events; .exchange; .expert; .exposed; .express; .fail; .farm; .finance; .financial; .fish; .fitness; .flights; .florist; .football; .foundation; .fund; .furniture; .gallery; .gift; .glass; .gold; .golf; .graphics; .gratis; .gripe; .guide; .guru; .haus; .healthcare; .holdings; .holiday; .house; .immo; .industries; .institute; .insure; .international; .investments; .kitchen; .land; .lease; .legal; .life; .lighting; .limited; .limo; .loans; .maison; .management; .marketing; .media; .memorial; .money; .network; .partners; .parts; .photography; .photos; .pictures; .pizza; .place; .plumbing; .plus; .productions; .properties; .recipes; .reisen; .rentals; .restaurant; .repair; .report; .sarl; .school; .schule; .services; .shoes; .singles; .style; .solar; .solutions; .supplies; .supply; .support; .surgery; .systems; .tax; .technology; .tennis; .tienda; .tips; .tires; .today; .tools; .tours; .town; .toys; .training; .university; .vacations; .ventures; .viajes; .villas; .vision; .voyage; .watch; .works; .world; .wtf; .zone

You shall, within thirty days of demand, indemnify, defend and hold harmless the Registry, Donuts’ service providers, Registrar and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration.  You shall not enter into any settlement or compromise of any such indemnifiable claim without our prior written consent, which consent shall not be unreasonably withheld.  This indemnification obligation shall survive the termination or expiration of the Agreement for any reason.

You will direct any disputes relating to the use of domain names to ICANN’s Uniform Rapid Suspension System or Uniform Domain Name Dispute Resolution Policy, both as applied and amended at http://newgtlds.icann.org/en/applicants/urs and http://www.icann.org/en/help/dndr/udrp, respectively.

You acknowledge and agree that domain names are variably priced in the Donuts TLDs (i.e., some are Standard Names and others Premium Names), as described in the Registry Terms & Conditions.

You acknowledge and agree that the Donuts TLDs will have non-uniform renewal registration pricing such that the Fee for a domain name registration renewal may differ from other domain names in the same or other Donuts TLDs (e.g., renewal registration Fee is different for different domain names).

Mandated certain additional safeguards for the following top‐level domains: .games, .juegos, .school, .schule, .toys, .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, mortgage, .degree, .mba, .audio, .book, .broadway, .film, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .law, .limited, .town, .city, and .reisen (collectively, the  “Regulated TLDs”)

For Regulated TLDs you agree to comply with the following: (a) comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures; (b) if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.

Mandated certain additional safeguards for the following top-level domains: .surgery, .dentist, .hospital, .medical, .doctor, .creditcard, .insurance, .bet, .bingo, .poker, .casino, .charity, .university, .attorney, .cpa, .lawyer, .corp, .gmbh, .inc, .llc, .ltd, .sarl, .fail, .gripe, .sucks, and .wtf (collectively, the “Highly-Regulated TLDs”)

In addition to the requirement for Regulated TLDs, you agree to comply with the following: (a) you will provide administrative contact information, which must be kept up‐to‐date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or Industry self‐regulatory, bodies in their main place of business; (b) you represent that you possess any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly‐regulated TLD; and (c) you will report any material changes to the validity of you authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly‐regulated TLD to ensure you continue to conform to the appropriate regulations and licensing requirements and generally conduct your activities in the interests of the consumers they serve.

25. PROVISIONS SPECIFIC TO FAMOUS FOUR TLD REGISTRATIONS: .BID; .CRICKET; .PARTY; .SCIENCE; .TRADE

You agree to comply with the Registry’s Acceptable Use policy and Terms and Service, available here, which are hereby incorporated by reference, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD for the Registered Name.

You will indemnify, defend and hold harmless the Registry Operator, and its subcontractors (including the registry back-end services provider) and their respective 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 (including on appeal), arising out of or relating in any way to your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration.  You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s or Registry Operator’s prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation shall survive the termination or expiration of the Agreement for any reason.

26. PROVISIONS SPECIFIC TO GMO REGISTRY REGISTRATIONS: .NAGOYA; .RYUKYU; .TOKYO; .YOKOHAMA

You agree to comply with Registry’s Acceptable Use policies and Registration Policies, if any, as they may be instituted or updated from time to time and published on the Registry website located here, and incorporated herein by reference.

You agree to indemnify, defend and hold harmless the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, 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 your domain name registration.  This indemnification obligation survive the termination or expiration of the Agreement.

27. PROVISIONS SPECIFIC TO ALL ICM REGISTRATIONS: .ADULT, .PORN, .XXX

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, eligibility requirements, policies and agreements, and any and all updates, revisions and modifications thereto, of ICM Registry, which are set forth on its website at www.icmregistry.com and are hereby incorporated by reference. You further acknowledge having read and understood and agree to be bound by the terms and conditions of the Registry Operator’s Registry-Registrant Agreement, which are incorporated herein.

You agree to indemnify, defend, and hold harmless Registry and its subcontractors, and the 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 your domain name registration. This obligation shall survive termination or expiration of this Agreement.

Membership ID Please be aware that the Registry does not validate that the membership identification number (“Membership ID”) associated with an individual .XXX TLD is the correct Membership ID for such individual .XXX TLD; only that it is a valid Membership ID for any .XXX TLD.  As a registrant of an .XXX TLD, you are solely responsible for keeping your Membership ID secure and for any activity that occurs on your account, whether authorized by you or not.

28. PROVISIONS SPECIFIC TO .INFO REGISTRATIONS 

Acknowledgements.  You acknowledge and agree to: (i) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by the .INFO Registry Operator and its designees and agents; (ii) submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy; (iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and (iv) acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period including, without limitation, the ability or inability of a registrant to obtain a Registered Name during these periods and the results of any dispute over a Sunrise Registration.

Indemnification.  You agree to indemnify, defend and hold harmless the .INFO Registry Operator, Afilias Limited, 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 the Registered Name holder’s domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.

Reservation of Rights.  We and the .INFO Registry Operator expressly reserve the right to deny, cancel or transfer any registration, or place any domain name on registry lock, hold or similar status, that we deem necessary, in our discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, to avoid any liability, civil or criminal, on the part of us and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, per the terms of the registration agreement, or to correct mistakes made by Registry Operator or us in connection with the domain name registration. We and Registry Operator also reserve the right to freeze a domain name during resolution of a dispute.

One Year Registration.  If you are registering a .INFO domain name and you elect to take advantage of special pricing applicable to one-year registrations, we will automatically renew your domain name for an additional one-year period at the end of the first year term by taking payment from the Payment Method you have on file, unless you notify us that you do not wish to renew. You will be notified and given the opportunity to accept or decline the one-year renewal prior to your domain name expiration date. In the event you decide not to renew your one-year .INFO domain name for a second year, your domain name registration will automatically revert back to us and we will gain full rights of registration to such domain name. You agree that if you delete or transfer your .INFO domain name during the first year, you will automatically be charged the second year renewal fees.

29. PROVISIONS SPECIFIC TO .JOBS REGISTRATIONS 

Acknowledgements.  You acknowledge and agree (i) to provide information regarding membership in a Human Resource Association, and the identity of any such association; (ii) to provide the URL of your existing company website; (iii) that you have read, understood and agree to be bound by the .JOBS Registry-Registrant Agreement (which is incorporated herein) as amended from time to time, the registrant eligibility requirements and the use restrictions; (iv) to abide by the SHRM Code of Ethics (which is incorporated herein); and (v) that the Registry Operator is an intended third-party beneficiary of this Agreement, with a right to enforce the terms and provisions contained herein.

Indemnification.  You agree to indemnify, defend and hold harmless the .JOBS 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 your domain name registration. This indemnification obligation shall survive the termination or expiration of this Agreement.

Reservation of Rights.  We and the .JOBS Registry Operator expressly reserve the right to 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 this 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.

30. PROVISIONS SPECIFIC TO .MOBI REGISTRATIONS 

Acknowledgements.  You acknowledge and agree to: (i) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by the Registry Operator and its designees and agents; (ii) submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy; (iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and (iv) that the Registry Operator and the Registry Service Provider will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the limited industry launch, Sunrise Period, Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation, the ability or inability of a registrant to obtain a Registered Name during these periods and the results of any dispute made during the limited industry launch or over a Sunrise Registration.

You further acknowledge and agree that you shall comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide, which is hereby incorporated by reference. You consent to the monitoring of your website for compliance with the Style Guide, and acknowledge that the Style Guide is subject to modification by the dotmobi registry, and you acknowledge and agree that you will comply with any such changes in the time allotted.

Indemnification.  You agree to 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 your domain name registration and or use. You also agree to 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 your domain name registration and or use. Both of these indemnification requirements shall survive the termination or expiration of this Agreement.

Reservation of Rights.  We, the .MOBI Registry Operator and the Registry Services Provider, acting in consent with the Registry, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, to avoid any liability, civil or criminal, on the part of us and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors, representatives, employees and stockholders, for violations of the terms and conditions herein, or to correct mistakes made by Registry Operator or us in connection with the domain name registration. We and Registry Operator also reserve the right to freeze a domain name during resolution of a dispute.

Third Party Beneficiary.  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 us 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.

Instant Mobilizer. You are hereby granted a personal, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to use the Instant Mobilizer service (“Service”), provided, however, You abide by the terms and conditions set forth. You shall not alter, modify, adapt or translate the whole or part of the Service in any way whatsoever. You may not create derivative works based on the Service. You may not rent, lease, assign, dispose of, novate, sub-license or otherwise transfer any of its rights to use the Service to any third party.  In the event that the volume of traffic to You from Your use of the Service is sufficient so as to jeopardize the provision of Service for other end users, we and our licensors reserve the right to, at its sole discretion, permanently or temporarily, discontinue Your use of the Service. For the avoidance of doubt, the volume of traffic generated by You should not exceed two thousand (2,000) page views per day.  You acknowledge and agree the text “Instant Mobilizer from dotMobi” or equivalent, will be inserted at the footer of Your site.  In the event a dotMobi domain to which the Service is being provided is transferred to another domain name registrar, the Service will be interrupted on that dotMobi domain, and Service will not be restored if the new registrar does not offer the Service.

31. PROVISIONS SPECIFIC TO MINDS AND MACHINES TLDS: .CASA; .FASHION; .FIT; .GARDEN; .LONDON; .NRW; .WEDDING; .WORK; .YOGA REGISTRATIONS

You agree to be bound by the Registry polices located here.  You agree to indemnify, defend and hold harmless the Registry and its subcontractors, and its and their 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, for any reason whatsoever, your domain name registration.  This obligation shall survive expiration or termination of this Agreement.

Mandatory certain additional safeguards for the following top-level domains: .FASHION, .FIT (collectively, the “Regulated TLDs”)

For Regulated TLDs you agree to comply with the following: (a) comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures; (b) if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.

32. PROVISIONS SPECIFIC TO .MOE REGISTRATIONS

You agree to comply with policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator and any additional or revised operational standards, policies, procedures, and practices for the Registry TLD.

You agree to indemnify, defend and hold harmless Registry Operator, and their subcontractors, and the 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 your domain name registration. This indemnification obligation survive the termination or expiration of the Agreement.

33. PROVISIONS SPECIFIC TO .NAME REGISTRATIONS 

Eligibility Requirements.  As a .NAME domain name registrant, you hereby certify to the best of your knowledge that the name you are registering is your legal, personal name, or that you own the intellectual property rights to that name. If at any time it is discovered that it is not your legal personal name, or your intellectual property, the .NAME Registry Operator, Global Name Registry (GNR) and us reserve the right to cancel your registration without refund, or transfer it to another party. In addition to the above, you agree to be bound by the provisions of the Eligibility Requirements Dispute Resolution Policy, which is incorporated herein.

Acknowledgements.  You acknowledge and agree to: (i) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by the Registry Operator and its designees and agents; (ii) submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy; (iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and (iv) acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period including, without limitation, the ability or inability of a registrant to obtain a Registered Name during these periods and the results of any dispute over a Sunrise Registration.

Indemnification.  You agree to indemnify, defend and hold harmless GNR and its subcontractors, and the 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. This indemnification requirement shall survive the termination or expiration of this Agreement.

Reservation of Rights.  We and the Registry Operator expressly reserve the right to deny, cancel or transfer any registration or transaction, or place any registered domain name on registry lock, hold or similar status, or additionally for SLD email forwarding implement throttling/blocking and/or size limitations, that we deem necessary, in our discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, to avoid any liability, civil or criminal, on the part of us and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors, and employees, per the terms of this Agreement, or to correct mistakes made by Registry Operator or us in connection with the domain name registration. We and Registry Operator also reserve the right to freeze a domain name during resolution of a dispute.

Defensive Registration.  A Defensive Registration is a registration designed for the protection of trademarks and service marks and may be granted to prevent a third party from registering a variation of a trademark or the exact trademark. If the name you wish to register is subject to a Defensive Registration, you have three (3) options: (i) you may register a variation of the name, (ii) you may challenge the Defensive Registration under the Eligibility Requirements Dispute Resolution Policy, or (iii) you may request Consent from the Defensive Registrant. You can request Consent by contacting the Defensive Registrant listed in the GNR Whois database and requesting consent to register the .NAME domain name. If the Defensive Registrant grants consent, they must confirm in writing that they grant consent. If the Defensive Registrant does not grant consent, you may wish to challenge the Defensive Registration under the ERDRP.

Acceptable Use Policy.  You agree to be bound by the .NAME Acceptable Use Policy, which is hereby incorporated by reference. Among other limitations, this policy prohibits you from using your .NAME Email to engage in Spamming activities. You will be limited to a maximum of five hundred (500) messages sent from your .NAME at a time.

34. PROVISIONS SPECIFIC TO.NET REGISTRATIONS 

You agree to indemnify, defend and hold harmless the .NET Registry Operator, 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 the Registered Name holder’s domain name registration.

35. PROVISIONS SPECIFIC TO .ORG REGISTRATIONS 

Acknowledgements.  You acknowledge and agree to: (i) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by the Registry Operator and its designees and agents; (ii) submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy; (iii) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and (iv) acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period including, without limitation, the ability or inability of a registrant to obtain a Registered Name during these periods and the results of any dispute over a Sunrise Registration.

Indemnification.  You agree to indemnify, defend and hold harmless the .ORG Registry Operator, Public Interest Registry, and its subcontractors, and the 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. This indemnification requirement shall survive the termination or expiration of this Agreement.

Reservation of Rights.  We and the Registry Operator expressly reserve the right to deny, cancel or transfer any registration or transaction, or place any registered domain name on registry lock, hold or similar status, that we deem necessary, in our discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, to avoid any liability, civil or criminal, on the part of us and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors, and employees, per the terms of this Agreement, or to correct mistakes made by Registry Operator or us in connection with the domain name registration. We and Registry Operator also reserve the right to place on registry lock, hold or similar status a domain name during resolution of a dispute.

36. PROVISIONS SPECIFIC TO .PARIS REGISTRATIONS

You acknowledge and agree that you are fully responsible for the registration and use of the registered .PARIS name.

You will indemnify, to the maximum extent permitted by law, defend and hold harmless the Registry, its directors, officers, employees and agents from and against any claim, damages, liabilities, costs and expenses arising from or relating to the registration and/or use of your .PARIS domain name.

37. PROVISIONS SPECIFIC TO .QPON:

You agree to comply with policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator and any additional or revised operational standards, policies, procedures, and practices for the Registry TLD.

You agree to indemnify, defend and hold harmless Registry Operator, and their subcontractors, and the 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 your domain name registration. This indemnification obligation survive the termination or expiration of the Agreement.

38. PROVISIONS SPECIFIC TO .QUEBEC:

You agree to comply with policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator, located here, and hereby incorporated by reference, and any additional or revised operational standards, policies, procedures, and practices for the Registry TLD.

You agree to indemnify, defend and hold harmless Registry Operator, and their subcontractors, and the 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 your domain name registration. This indemnification obligation survive the termination or expiration of the Agreement.

You acknowledge having read and understood and agrees to be bound by the terms and conditions of the CentralNic Dispute Resolution Policy, available at http://www.centralnic.com/support/dispute

39. PROVISIONS SPECIFIC TO ALL RADIX TLD REGISTRATIONS: .HOST; .PRESS; .SITE; .SPACE; .TECH; .WEBSITE

You agree to comply with the following requirements: a) ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance; and b) operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator and any additional or revised operational standards, policies, procedures, and practices for the Registry TLD.

You agree to indemnify, defend and hold harmless Registry Operator, CentralNic and their subcontractors, and the 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 your domain name registration. This indemnification obligation survive the termination or expiration of the Agreement.

40. PROVISIONS SPECIFIC TO ALL STARTING DOT TLD REGISTRATIONS: .ARCHI; .BIO

You agree to comply with the following requirements: a) ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance; and b) operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator and any additional or revised operational standards, policies, procedures, and practices for the Registry TLD.

You agree to indemnify, defend and hold harmless Registry Operator and their subcontractors, and the 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 your domain name registration. This indemnification obligation survive the termination or expiration of the Agreement.

By registering this domain name, you certify that the registrant of this domain is an individual professional architect (or an architecture firm) registered as a member of a national architects association authorized by the registry operator, or an architecture-related organization authorized by the registry operator.

41. PROVISIONS SPECIFIC TO ALL TOP LEVEL DOMAIN HOLDINGS REGISTRATIONS: .BEERS; .COOKING; .COUNTRY; .FISHING; .HORSE; .KIWI; .RODEO; .SURF; .VODKA

You agree to comply with the following requirements: a) ICANN standards, policies, procedures, and practices for which Registry has monitoring responsibility in accordance; and b) operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry and any additional or revised operational standards, policies, procedures, and practices for the Registry TLD.

You agree to indemnify, defend and hold harmless Registry and their subcontractors, and the 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 your domain name registration. This indemnification obligation survive the termination or expiration of the Agreement.

42. PROVISIONS SPECIFIC TO ALL UNIREGISTRY REGISTRATIONS: .AUDIO; .BLACKFRIDAY; .CHRISTMAS; .CLICK; .DIET; .FLOWERS; .GIFT; .GUITARS; .HELP; .HIPHOP; .HOSTING; .JUEGOS; .LINK; .PICS; .PROPERTY; .SEXY; .TATOO; 

You acknowledge and agree that all registered domain names allocated during any Sunrise Period are non-transferable for the first ten (10) years after registration.

You agree to comply with the following requirements: a) ICANN standards, policies, procedures, and practices for which Registry has monitoring responsibility in accordance; and b) operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry and any additional or revised operational standards, policies, procedures, and practices for the Registry TLD.

You agree to indemnify, defend and hold harmless Registry and their subcontractors, and the 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 your domain name registration. This indemnification obligation survive the termination or expiration of the Agreement.

You shall not permit content unsuitable for viewing by a minor to be viewed from the main or top-level directory of a .SEXY domain name. For purposes of clarity, content viewed at the main or top-level directory of a .SEXY domain name is the content immediately visible if a user navigates to http://example.sexy or http://www.example.sexy. No restrictions apply to the content at any other page or subdirectory addressed by a .SEXY Registered Name.

43. PROVISIONS SPECIFIC TO ALL UNITED TLD REGISTRATIONS: .ACTOR; .AIRFORCE; .ARMY; .ATTORNEY; .AUCTION; .BAND; .CONSULTING; .DANCE; .DEGREE; .DEMOCRAT; .DENTIST; .ENGINEER; .FORSALE; .FUTBOL; .GIVES; .HAUS; .IMMOBILIEN; .KAUFEN; ,MARKET; .MODA; .MORTGAGE; .NAVY; .NINJA; .PUB; .REHAB; .REPUBLICAN; .REVIEWS; .RIP; .ROCKS; .SALE; .SOCIAL; .SOFTWARE; .VET; .VIDEO

You agree to comply with the Registration Terms and Conditions, available here, which are hereby incorporated by reference, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD for the Registered Name.

You will (within thirty (30) days of demand) indemnify, defend and hold harmless UTLDH (by express reference), Registrar and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to the Registrant’s domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration.  You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s or UTLDH’s prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation shall survive the termination or expiration of the Agreement for any reason.

Mandated certain additional safeguards for the following top‐level domains: .degree; .engineer; .gives; .market; .mortgage; .rehab; .sale; .software; .vet; .video (collectively, the “Regulated TLDs”):

For Regulated TLDs you agree to comply with the following: (a) comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures; (b) if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.

You agree to compy with the Registry’s Registration Terms and Conditions, located here, which are hereby incorporated by reference.

Mandated certain additional safeguards for the following top-level domains: .attorney; .dentist; .lawyer (collectively, the “Highly‐regulated TLDs”)

In addition to the requirement for Regulated TLDs, you agree to comply with the following: (a) you will p Provide administrative contact information, which must be kept up‐to‐date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or Industry self‐regulatory, bodies in their main place of business; (b) you represent that you possess any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly‐regulated TLD; and (c) you will report any material changes to the validity of you authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly‐regulated TLD to ensure you continue to conform to the appropriate regulations and licensing requirements and generally conduct your activities in the interests of the consumers they serve.

Mandated certain additional safeguards for the following top-level domains: .airforce; .army; .navy (collectively, the “Military TLDs”)

In addition to the requirement for Regulated TLDs, you agree not to misrepresent or otherwise imply that you are affiliated with or are sponsored by any national or international military body if you are not, in fact, affiliated.

44. PROVISIONS SPECIFIC TO .UNO REGISTRATIONS

You agree to comply with Registry’s Acceptable Use policies and Terms of Service, if any, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD for the Registered Name.

You agree to indemnify, defend and hold harmless the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, 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 your domain name registration.  This indemnification obligation survive the termination or expiration of the Agreement.

45. PROVISIONS SPECIFIC TO .US REGISTRATIONS 

Eligibility Requirements.  As a .US domain name registrant, you hereby certify to the best of your knowledge that you meet all of the .US Nexus Requirements, which provide that registrants must be either (i) a natural person (a) who is a United States citizen, (b) who is a permanent resident of the United States or any of its possessions or territories, or (c) whose primary place of domicile is in the United States of America or any of its possessions; or (ii) an entity or organization that is (a) incorporated within one of the fifty United States, the district of Columbia, or any of the United States’ possessions or territories or (b) 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 (iii) a foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories.

Acknowledgements.  You acknowledge and agree that we have requested specific information regarding how the Registrant meets the Nexus Requirements and that Registrant has willingly volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry. You further acknowledge and agree that if such information cannot be verified, or if Registrant fails to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

Indemnification.  You agree to indemnify, defend and hold harmless the .US Registry Operator, NeuStar, 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 the Registrant’s domain name registration and use of any registered domain name. This indemnification requirement shall survive the termination or expiration of this Agreement.

.US Restrictions.  The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories. Further, you acknowledge and agree that you are not permitted to purchase private or proxy .US registrations. You shall register for any and all .US registrations using your personal information, which information you represent and warrant is current, accurate and complete.

One Year Registration.  If you are registering a .US domain name and you elect to take advantage of special pricing applicable to one-year registrations, we will automatically renew your domain name for an additional one-year period at the end of the first year term by taking payment from the Payment Method you have on file, unless you notify us that you do not wish to renew. You will be notified and given the opportunity to accept or decline the one-year renewal prior to your domain name expiration date. In the event you decide not to renew your one-year .US domain name for a second year, your domain name registration will automatically revert back to us and we will gain full rights of registration to such domain name. You agree that if you delete or transfer your .US domain name during the first year, you will automatically be charged the second year renewal fees.

46. PROVISIONS SPECIFIC TO .VEGAS REGISTRATIONS

You agree to comply with policies, located here, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD for the Registered Name.

You agree to indemnify, defend and hold harmless the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, 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 your domain name registration.  This indemnification obligation survive the termination or expiration of the Agreement.

47. PROVISIONS SPECIFIC TO .VOTING REGISTRATIONS: 

You will comply with each of the following: (a) ICANN standards, policies, procedures, and practices for which VOTING-Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; and (b) Operational standards, policies, procedures, and practices for the .VOTING TLD established from time to time by VOTING-Registry in a non-arbitrary manner and applicable to all registrars, including affiliates of VOTING-Registry, and consistent with VOTING-Registry’s Registry Agreement with ICANN, as applicable, upon VOTING-Registry’s notification to Registrar of the establishment of those terms and conditions. Such operational standards, policies, procedures, and practices for the .VOTING TLD are published on and shall be downloaded from the Registry’s website nic.voting/policies.

48. PROVISIONS SPECIFIC TO .WS REGISTRATIONS 

You agree to indemnify, defend and hold harmless the .WS Registry Operator, Global Domains International, 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 the Registered Name holder’s domain name registration.

49. OTHER COUNTRY CODE TOP LEVEL DOMAINS

You represent and warrant that you meet the eligibility requirements of each ccTLD you apply for. You further agree to be bound by any registry rules, policies, and agreements for that particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLD provider, limiting the liability of the ccTLD provider, and requirements that any disputes be resolved under that particular country’s laws.

50. PROVISIONS SPECIFIC TO .AM REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Operator’s, ISOC-AM, website, which are incorporated herein. You further acknowledge having read and understood and agree to be bound by the BRS Media .AM Domain Name Registration Terms & Conditions, which are also hereby incorporated by reference.

51. PROVISIONS SPECIFIC TO .ASIA REGISTRATIONS

Acknowledgements.  You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Operator’s, DotAsia Organisation Limited (“DotAsia”), website, and which are incorporated herein.

You further acknowledge and agree to: (i) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by the .ASIA Registry Operator and its designees and agents; (ii) submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy; (iii) submit to proceedings commenced under ICANN’s Charter Eligibility Dispute Resolution Policy; (iv) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; (v) comply with the .ASIA Charter Eligibility Requirement; and (vi) submit to proceedings commenced under other dispute resolution policies as set forth by DotAsia from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual property rights holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .ASIA Registry.

You, acting as Registrant Contact, represent and warrant that you have made known to the Charter Eligibility Declaration Contact (the “CED Contact”), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the domain name in the event of a dispute or a challenge over your legal entitlement to or the ownership of the domain name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited’s .ASIA Charter Eligibility Requirement Policy published from time to time. You, acting as Registrant Contact, agree that you have obtained an agreement from the CED Contact that you shall remain the Operating Contact for all operations of the domain name, including but not limited to domain name transfer and updates.

Indemnification.  You agree to indemnify, to the maximum extent permitted by law, defend and hold harmless DotAsia 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. This indemnification requirement shall survive the termination or expiration of this Agreement.

Reservation of Rights.  We and the .ASIA Registry Operator expressly reserve the right to deny, cancel or transfer any registration that we deem necessary, in our discretion, to protect the integrity, security and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, to avoid any liability, civil or criminal, on the part of us and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, per the terms of the registration agreement, or to correct mistakes made by Registry Operator or us in connection with the domain name registration. We and Registry Operator also reserve the right to freeze a domain name during resolution of a dispute.

Third Party Beneficiary.  Notwithstanding anything in this Agreement to the contrary, DotAsia 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 us 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.

52. PROVISIONS SPECIFIC TO .AT REGISTRATIONS

You understand and agree that in order to register a .AT domain name, a pre-registration DNS validation check is required by the Registry. If you are registering a .AT domain name, you further acknowledge and agree to obey, comply with and be bound by any and all registry rules, eligibility requirements, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Operator’s website, and which are incorporated herein.

53. PROVISIONS SPECIFIC TO .BE REGISTRATIONS 

You understand and agree that in order to register a .BE domain name, a pre-registration DNS validation check is required by the Registry. If you are registering a .BE domain name, you acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Operator’s, DNS.BE, website, and which are incorporated herein.

54. PROVISIONS SPECIFIC TO .BR REGISTRATIONS 

If you are registering a .BR domain name, you acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Operator’s, NIC.BR, website, and which are hereby incorporated by reference.

55. PROVISIONS SPECIFIC TO .BZ REGISTRATIONS 

Acknowledgements.  You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Operator’s, Belizenic, website, and which are incorporated herein.

Reservation of Rights.  The .BZ Registry expressly reserves the right to instruct its registry services provider to deny, cancel, transfer or otherwise make unavailable any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, to avoid any liability, civil or criminal, on the part of the .BZ Registry, as well as its affiliates, subsidiaries, officers, directors, representatives, employees and stockholders, for violations of this Agreement, or to correct mistakes made by the .BZ Registry or us in connection with a domain name registration. The .BZ Registry also reserves the right to place on lock, hold or other similar status any domain name during resolution of a dispute.

56. PROVISIONS SPECIFIC TO .CA REGISTRATIONS 

Acknowledgements.  You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Operator’s, CIRA, website, and which are hereby incorporated by reference.

You acknowledge and agree that registration of your selected domain name in your first application to CIRA shall not be effective until you have entered into and agreed to be bound by CIRA’s Registrant Agreement.

You acknowledge and agree that registration of a domain name does not create any proprietary right for you, the registrar, or any other person in the name used as a domain name or the domain name registration and that the entry of a domain name in the Registry or in the Whois shall not be construed as evidence or ownership of the domain name registered as a domain name. You shall not in any way transfer or purport to transfer a proprietary right in any domain name registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a domain name registration.

Reservation of Rights.  CIRA may, at its option, extend any period for the registration of a Domain Name at no charge to the registrar or you for such further period of time as CIRA may determine, in its sole discretion.

CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the Registrar Agreement between CIRA and the registrar, and any or all of the Registry PRP and to adopt new Registry PRP not yet in effect. Any such amendment will be binding and effective on the registrar thirty (30) days after CIRA gives notice of such amendment by email to the registrar. The registrar and you agree to promptly amend the agreement between the registrar and you to reflect any amendments to Section 4.2 of the Registrar Agreement between CIRA and the registrar.

You further acknowledge and agree that the registrar may make changes to the Administrative Contact details at any time without having to comply with the change of critical information approval process (as set out in the applicable Registry PRP), provided you have granted your registrar the authority to do so and have not revoked said authority. If you have two (2) or more registrars, only one (1) of your registrars may be granted said authority. You may at any time revoke said authority or provide said authority to another of your Registrars.

You acknowledge and agree that your registrar may, in accordance with the applicable Registry PRP, cancel your Domain Name Registrations within seven (7) days of activation and cancel the renewal of your domain name registration provided that the renewal term has not yet commenced.

Limitations.  You shall not, directly or indirectly, through registration or use of your domain name or otherwise violate or contribute to the violation of the intellectual property rights or other rights of any other person, defame or contribute to the defamation of any other person, or unlawfully discriminate or contribute to the unlawful discrimination of any other person.

You acknowledge and agree that CIRA shall not be liable to you for any loss, damage, or expense arising out of CIRA’s registration or failure or refusal to register a domain name, CIRA’s renewal or failure or refusal to renew a domain name registration, CIRA’s transfer or failure or refusal to transfer a domain name registration, CIRA’s maintenance, modification, or failure or refusal to maintain or modify a domain name registration, CIRA’s cancellation or failure to cancel a domain name registration, the loss of membership in CIRA resulting from CIRA’s cancellation of a domain name registration from the Registry or from a member’s failure to comply with the Registry PRP, or CIRA’s refusal to admit an applicant as a member. You acknowledge and agree that CIRA shall not be liable to you for any loss, damage, or expense arising as a result of the disclosure or failure to disclose registrant information in the WHOIS or as permitted in the Registry PRP. You acknowledge and agree that CIRA shall not have any liability to you for any loss, damage or expense arising as a result of any correspondence from a third party which CIRA reviews or sends to you or for CIRA’s failure, or delay, in reviewing or sending such correspondence.

In no event shall you pursue any claim against CIRA and in no event shall CIRA be liable for any direct, indirect, special, punitive, exemplary or consequential damages including, but not limited to, damages resulting from loss of use, lost profits, lost business revenue, or third-party damages or arising from any breach by the registrar of its obligations under any agreement between the registrar and you or the Registrar Agreement between CIRA and the registrar.

You agree that CIRA shall not be responsible for the use of any domain name in the Registry and that CIRA shall not be responsible in any way whatsoever for any conflict or dispute with or any actual or threatened claim against a registrar or you, including one relating to a registered or unregistered trade-mark, a corporate, business, or other trade-name, rights relating to a name or other identifying indicia of an individual or any other intellectual property rights of a third party or relating to the defamation of or unlawful discrimination with respect to any other Person.

CIRA Certified Registrar.  The registrar shall immediately give notice to you in the event that it is no longer a CIRA Certified Registrar, has had its certification as a CIRA Certified Registrar suspended or terminated, or the Registrar Agreement between CIRA and the Registrar is terminated or expires. CIRA may post notice of such suspension, termination, or expiry on its website and may, if CIRA deems appropriate, give notice to the registrants thereof. In the event that the registrar is no longer a CIRA Certified Registrar, has had its certification as a CIRA Certified Registrar suspended or terminated or in the event the Registrar Agreement between CIRA and the Registrar is terminated or expires, you shall be responsible for changing your Registrar of Record to a new CIRA Certified Registrar within thirty (30) days of the earlier of notice thereof being given to you by (i) the Registrar or (ii) CIRA in accordance with CIRA’s then current Registry PRP; provided, however, that if any of your domain name registrations are scheduled to expire within thirty (30) days of the giving of such notice, then you shall have thirty (30) days from the anniversary date of the registration(s), to register with a new CIRA certified registrar and to renew such domain name registration(s) in accordance with the Registry PRP.

You acknowledge and agree that should there be insufficient funds prepaid by the registrar in the CIRA Deposit Account to be applied in payment of any fees, CIRA may in its sole discretion stop accepting applications for domain name registrations from the registrar, stop effecting registrations of domain names and transfers, renewals, modifications, and cancellations requested by the registrar and stop performing other billable transactions requested by the registrar not paid in full and CIRA may terminate the Registrar Agreement between CIRA and the Registrar.

.CA ASCII and IDN domain variants are bundled and reserved for a single registrant.  Registrants are not required to register all variants in a bundle, but all registered variants must be registered and managed at a single registrar. Each variant registered will incur a registration fee.  In addition, when registering multiple .CA domain (ASCII and IDN) variants in a bundle, your registrant information must be identical.  If variants are registered at other registrars or if registrant information does not match, it may result in an “unavailable” search result, delayed or failed registration. If information does not match, validation is required and may take up to seven business days and delay availability of domain.

57. PROVISIONS SPECIFIC TO .CC REGISTRATIONS 

Acknowledgements.  You represent and warrant that you meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available here and are incorporated herein.

Indemnification.  You agree to indemnify, defend and hold harmless the .CC Registry Operator, 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 the Registered Name Holder’s domain name registration.

 58. PROVISIONS SPECIFIC TO .CH REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, and that you have read and understand the Registry terms and conditions, which may be found here and the Registration contract wthich may be found here, which are both incorporated herein by reference.

59. PROVISIONS SPECIFIC TO .CL REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, and that you have read and understand the Registry Policies, which may be found here and are incorporated herein by reference.

60. PROVISIONS SPECIFIC TO .CN REGISTRATIONS 

Limitations on Registration.  You may not register or use a domain name that is deemed by China Internet Network Information Center (“CNNIC”) to (i) be against the basic principles prescribed in the Constitution of the Peoples Republic of China (“PRC”); (ii) jeopardize national security, leak state secrets, intend to overturn the government, or disrupt the state of integrity of the PRC; (iii) harm national honor and national interests of the PRC; (iv) instigate hostility or discrimination between different nationalities, or disrupt the national solidarity of the PRC; (v) violate the PRC’s religion policies or propagate cult and feudal superstition; (vi) spread rumors, disturb public order or disrupt social stability of the PRC; (vii) spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC; (viii) insult, libel against others and infringe other people’s legal rights and interests in the PRC; or (ix) take any other action prohibited in laws, rules and administrative regulations of the PRC.

Restrictions on Transfer of cnTLD Domain Names.  You understand that you may not transfer to or from a domain name registrar that is headquartered or controlled by an entity located inside China.

Jurisdiction.  For the adjudication of disputes concerning or arising from use of the registered .CN domain name, you agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) your domicile state, (2) Arizona, and (3) the People’s Republic of China.

Suspension of Service.  You agree that your registration of a .CN domain name shall be subject to suspension, cancellation, or transfer pursuant to any NeuLevel or CNNIC adopted specification or policy.

Compliance with CNNIC Dispute Resolution Policy.  You agree to obey, comply with and be bound by the CNNIC Dispute Resolution Policy and any and all updates, revisions and modifications, which may be made by CNNIC from time to time, and which is incorporated herein.

Right to Accept Notice.  You give us the right to accept written complaints from third parties against false and/or inaccurate Whois data and you agree to follow any procedural regulation that may exist between the .CN registry operator, currently NeuLevel Inc. and us.

Indemnification.  You agree to indemnify, defend and hold harmless the .CN Registry Operator, NeuLevel, 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 the Registered Name holder’s domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.

.CN Registration Restrictions.  You acknowledge and agree that you are not permitted to purchase private or proxy .CN registrations. You shall register for any and all .CN registrations using your personal information, which information you represent and warrant is current, accurate and complete.

61. PROVISIONS SPECIFIC TO .CO REGISTRATIONS 

Acknowledgements.  You shall comply with the operational standards, policies, procedures, and practices for the .CO TLD as set forth in the MINTIC Agreement as updated from time to time by the Registry in a non-arbitrary and non-discriminatory manner including, without limitation, adopted ICANN policies.

You further hereby acknowledge and agree that (i) the registration and exclusive and perpetual right of use and enjoyment for any registered name may be cancelled if the Registry determines that you have provided information that is incorrect, false or inaccurate either in the initial registration process or in any subsequent communications or in the event you violate any of the terms of this Agreement; (ii) you will follow and be bound by all Registry policies (including, without limitation, the Administrator Privacy Policy), as the same may be updated, modified or replaced from time to time, and to subject yourself to any dispute resolution process for the resolution of disputes regarding registered names that may be adopted by Registry, as the same may be updated, modified or replaced from time to time including, but not limited to, any expedited processes for suspension of a domain name due to claims sought by intellectual property rights holders; (iii) your domain name may be suspended, terminated, canceled or transferred in the interest of safeguarding compliance with Registry’s security or registration policies or as a result of a dispute resolution; (iv) all official contact, correspondence and/or other information sent from or on behalf of Registry or any other relevant official will be transmitted to the administrative contact information that appears in the Registry Database and that the designated administrative contact is authorized to receive all such communication and information; (v) you assume all responsibility and liability arising out of any assignment by you of the registered name including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any sub-domain name of the registered name or any website associated with the registered name; (vi) neither acceptance of your registration request nor the actual registration of any registered eomain shall be deemed an indication that Registry or the Colombian Government has made any determination regarding the legality of the registration, the extent to which your registration and exclusive and perpetual right of use and enjoyment of the registered name may violate any applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Registry nor the Colombian Government shall have any liability or responsibility arising therefrom; and (vii) shall be bound by the terms and conditions of the initial launch and general operation of the .CO TLD, including without limitation the sunrise and landrush periods, and the corresponding dispute resolution policies, and that administrator shall have no liability of any kind for any loss or liability resulting from (a) the ability or inability of you to obtain a registered name during these periods, or (b) the results of any dispute procedures.

Dispute Resolution.  You acknowledge that you have read and understand and agree to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN (the “UDRP”), as the same may be amended from time to time, and which is hereby incorporated and made an integral part of this Agreement. The UDRP policy, which is hereby adopted by Registrar as an Adopted ICANN Policy, sets forth the terms, conditions and procedures that govern disputes between you and any party other than the Registry over the registration and/or use of a registered name. Registry will not review, monitor, or otherwise verify that any particular registered name is being used in compliance with the UDRP process, any other Registry Policy or any Governmental Requirement.

Indemnification.  You agree to (within thirty days of demand) indemnify, defend and hold harmless the .CO Registry and us, and our respective affiliates and subsidiaries, as well as each of our respective owners, directors, managers, officers, employees, contractors, service providers 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 in any way to your domain name registration including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without our prior written consent, which consent shall not be unreasonably withheld. This indemnification obligation shall survive the termination or expiration of this Agreement for any reason.

Jurisdiction.   The adjudication of all disputes, claims or controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any registered name or otherwise relating to the .CO domain name between you and the Registry shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogotá, Colombia.

62. PROVISIONS SPECIFIC TO .CO.ZA REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, and that you have read and understand the Registry Policies, which may be found hereand are incorporated herein by reference.

63. PROVISIONS SPECIFIC TO .CZ REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here, and which are incorporated herein by reference.

64. PROVISIONS SPECIFIC TO .DE REGISTRATIONS 

Acknowledgements.  You represent and warrant that you meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are available online and are incorporated herein.

Registration Restrictions.  You represent and warrant that you or your administrative contact has a German address, which cannot be a P.O. Box. You may not use the names of other top level domains (e.g. .ARPA, .COM, .EDU, .GOV, .INT, .NET, .NATO, .MIL, .ORG and all country-related TLDs) or German automobile identification numbers as domain names.

In the event that you cannot fulfill the registration guidelines, you have the option of using a trustee service.  By using the .de trustee services, you agree to be bound by the .DE Trustee Agreement, which is hereby incorporated by reference.

Local Presence Service.  If you do not provide an administrative contact (“Admin-C”) with a German address, then you shall be subject to the local presence service terms and conditions, which are part of the registration guidelines for this ccTLD. You also agree to the following:

i.      We and you hereby request and authorize Key-Systems to list an individual designated by Key-Systems as Admin-C for the requested DENIC domain name(s). Neither Key-Systems nor the Admin-C are required to monitor the legality of the domain name use including, but not limited to, contents and services offered.

ii.      We and you acknowledge and agree that Key-Systems and/or the Admin-C may, without any liability to you or any third party, take such steps as in the opinion of Key-Systems and/or the Admin-C are necessary in order to (a) limit Key-System’s and/or the designated Admin-C’s liability related to, directly or indirectly, the DENIC domain name(s); (b) comply with any laws, regulations or other legal requirements; and/or (c) address any letter, causes of action, suits, proceeding, complaints, cease and desist orders and demands of any kind or any other inquiry from DENIC or any other third party related to the DENIC domain name(s). Such actions may include, but are not limited to, (a) disabling the website pending resolution of the conflict and/or redirecting the DENIC domain name(s) to a blank page or placeholder; (b) cancelling the registration of the DENIC domain name(s); (c) ceasing administration of the domain name and placing it in a transit state; (d) removing or replacing the Admin-C from or in the Whois record, (e) redirecting the DENIC domain name(s) to an alternate IP address; (f) allowing the registration of the DENIC domain name(s) to lapse; (g) transferring the registration to an individual or entity which is awarded the registration through any court proceeding, arbitration, or by DENIC; (h) settling any and all third-party claims, whether threatened or made, arising out of your use of the DENIC domain name(s); and/or (i) terminating the Local Presence Service. We and you undertake to respond in writing to requests by Verisign and/or the Admin-C immediately within time limits set by Key-Systems and/or the Admin-C. Unless a different response deadline is requested in writing by Key-Systems and/or the Admin-C, we and you agree to respond in writing to such requests within forty-eight (48) hours. Correspondence sent to us or you shall be regarded as delivered. Key-Systems or the Admin-C may, at its own discretion, request a security for its expenses which may occur in case a third party alleges that the use of the domain name is an infringement of laws. The amount of security will be determined at the Admin-C discretion in accordance with the Court Costs (GKG) and the Attorney’s Remuneration Act (RVG). The security must be paid in cash or guaranteed by a major German bank or savings bank (Sparkasse) within the time limit set by Key-Systems and/or the Admin-C.

iii.      WE AND YOU ACKNOWLEDGE AND AGREE THAT KEY-SYSTEMS AND THE ADMIN-C SHALL HAVE NO LIABILITY TO YOU, US, OR ANY THIRD PARTY RELATED TO, DIRECTLY OR INDIRECTLY, THE LOCAL PRESENCE SERVICES AND/OR THE EXERCISE OF ANY OF THEIR RIGHTS UNDER THESE LOCAL PRESENCE SERVICES TERMS AND CONDITIONS. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF VERISIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, KEY-SYSTEM’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

iv.      We and you agree to release, defend, indemnify and hold harmless Key-Systems, its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees and the individual designated as Admin-C for the DENIC domain name(s), from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable attorneys’ fees, arising out of or related in any way to, the Local Presence Services, the DEMINC domain name(s), and/or your use of the DEMIN domain name(s).

65. PROVISIONS SPECIFIC TO .DK REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, polices and agreements and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.

66. PROVISIONS SPECIFIC TO .ES REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and are incorporated herein.

67. PROVISIONS SPECIFIC TO .EU REGISTRATIONS 

Registration Restrictions.  You acknowledge and agree that you are not permitted to purchase private or proxy .EU registrations. You shall register for any and all .EU registrations using your personal information, which information you represent and warrant is current, accurate and complete. Further, you acknowledge and agree that you are not permitted and shall not attempt to register any .EU registrations unless you have a physical presence in the European Union.

Compliance with Applicable Law.  You agree to obey, comply with and be bound by any and all applicable laws, regulations and administrative policies promulgated by the European Registry of Internet Domain Names (“EURID”).

Compliance with EURID Rules.  You agree to obey, comply with and be bound by EURID rules and regulations and any and all updates, revisions and modifications thereto, which may be made by EURID from time to time, including, but not limited to, their dispute policies, and the .EU Domain Name Registration Terms and Conditions and the .EU Domain Name Registration Policy, both of which are hereby incorporated by reference.

Compliance with EURID Domain Name Whois Policy.  You agree to obey, comply with and be bound by the EURID Domain Name Whois Policy and any and all updates, revisions and modifications thereto, which may be made by EURID from time to time, and which is incorporated herein.

Jurisdiction.  For the adjudication of disputes concerning or arising from use of the registered .EU domain name, you agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (1) your domicile state, (2) the State of Arizona and (3) the United Kingdom.

Sunrise and General Pre-registration Applications.  You acknowledge and agree that the submitting of a “Sunrise or General Pre-registration Application” does not ensure that a domain name shall be successfully awarded or registered. In the event that an application does not result in a successful registration, the registration fee shall be refunded. In the case of a “Sunrise Application” where an application fee was collected, a portion of that fee shall be refunded after the deduction of a handling fee, which you acknowledge and agree is subject to change based on fluctuations in the US Dollar and Euro exchange rates.

Dispute Resolution/ADR.  EURID offers an alternative procedure for resolving disputes concerning .EU domain names, which can be found here. When applicable, you acknowledge such procedure and agree that you shall comply with and abide by its terms and conditions, which are also incorporated herein.

68. PROVISIONS SPECIFIC TO .FM REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and are incorporated herein.

69. PROVISIONS SPECIFIC TO .FR REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and are incorporated herein.

In the event that you cannot fulfill the registration guidelines, you have the option of using a trustee service.  By using the .FR trustee services, you agree to be bound by the .FR Trustee Agreement, which is hereby incorporated by reference.

70. PROVISIONS SPECIFIC TO .GS REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and are incorporated herein.

71. PROVISIONS SPECIFIC TO .IN REGISTRATIONS 

Acknowledgements.  You agree to be bound by current and future .IN registry policies as indicated on the .IN registry website, and which are incorporated herein. You further acknowledge and agree the .IN registry reserves the right to instruct its registry services provider to deny, cancel, transfer or otherwise make unavailable any registration that it deems necessary, in its discretion to (i) protect the integrity and stability of the registry; (ii) comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) avoid any liability, civil or criminal, on the part of the .IN Registry, as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of this Agreement (including its Exhibits); or (v) to correct mistakes made by the .IN registry or any registrar in connection with a domain name registration. The .IN registry also reserves the right to freeze a domain name during resolution of a dispute.

Domain Name Dispute Policy.  You agree to be bound by the policy and procedures for resolution of disputes concerning registered .IN domain names in accordance with the .IN Registry’s Domain Name Dispute Resolution Policy.

72. PROVISIONS SPECIFIC TO .IO REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, and that you have read and understand the Registry terms and conditions, which may be found here.

73. PROVISIONS SPECIFIC TO .IT REGISTRATIONS 

Acknowledgements.  You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, including without limitation the Assignment and Management of Domain Names in the ccTDL.IT and Dispute Resolution in the ccTLD.IT, both of which are hereby incorporated by this reference.

Registration Restrictions.  Unless you complete your domain name registration using our fee-based trustee service, you specifically represent and warrant that you (i) are a citizen or resident in a country belonging to the European Union (in the case of registration for natural persons); (ii) are established in a country belonging to the European Union (in the case of registration for other organizations); (iii) are entitled to the use and/or legal availability of the domain name applied for, and that it does not prejudice, with the request for registration, the rights of others; (iv) are aware and agree that in the case of erroneous or false declarations in this request, the Registry shall immediately revoke the domain name, or proceed with other legal actions (In such case the revocation shall not in any way give rise to claims against the Registry or us); (v) release the Registry and us from any liability resulting from the assignment and use of the domain name by the natural person or organization that has made the request; and (vi) accept Italian jurisdiction and laws of the Italian State.

If you use the trustee service for your .it domain registration, you acknowledge and agree that your registration is subject to the review and approval of the trustee.  The trustee service will review your registration request within twenty four hours of receipt.  If your registration request is approved, your domain name will be registered.  If your registration request is denied, your domain name will not be registered and you will receive a refund of any registration fees paid.

74. PROVISIONS SPECIFIC TO .JP REGISTRATIONS 

Acknowledgements.  You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Operator’s website and are incorporated herein.

Registration Restrictions.  You represent and warrant that you have a local presence in Japan with a home or office address. You agree that certain domain names are reserved and can only be registered by certain parties. These include: (i) TLDs, other than ccTLDs, as determined by ICANN; (ii) geographical-type .JP domain names that are defined as metropolitan, prefectural, and municipal labels; (iii) names of primary and secondary educational organizations; (iv) names of organizations related to Internet management; (v) names required for .JP domain name operations; and (vi) character strings which may be confused with ASCII-converted Japanese domain names. The complete list of .JP Reserved Domains is available here.

75. PROVISIONS SPECIFIC TO .LA REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, polices and agreements and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here.

76. PROVISIONS SPECIFIC TO .ME REGISTRATIONS  

Acknowledgements.  You acknowledge and agree to obey, comply and be bound by any and all registry rules, policies and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and which are incorporated herein.

You further acknowledge and agree to: (i) consent to the use, copying, distribution, publication, modification and other processing of your personal data by the registry operator and its designees and agents; (ii) submit to proceedings commenced under any dispute policy implemented by the registry including, without limitation, the Domain Name Dispute Resolution Policy referenced on the registry’s website at www.domain.me/DRP; (iii) immediately correct and update the registration information for each registered name during the registration term for the registered name; and (iv) acknowledge that the registry will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise or Land Rush periods including, without limitation, the ability or inability of a registrant to obtain a registered name during these periods and the results of any dispute procedures.

Indemnification.  You agree to indemnify, defend and hold harmless the .ME Registry, its owners, subsidiaries, affiliates, subcontractors and agents, and the respective 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 your domain name registration or the use of any domain name registered in the TLD by or on your behalf.

Reservation of Rights.  The Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain names on registry lock, hold or similar status, that it deems necessary, in its sole discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, to avoid any liability, civil or criminal, on the part of the registry, as well as its owners, affiliates, subsidiaries, officers, directors, and employees, for violations of any of the policies, terms or conditions established by the registry including, without limitation, the Registry Policies, or to correct mistakes made by the registry or us in connection with a domain name registration. The Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute proceeding.

Other Dispute Policies.  You acknowledge and agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time including, but not limited to, expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the registry system for the TLD.

77. PROVISIONS SPECIFIC TO .MS REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and which are incorporated herein.

78. PROVISIONS SPECIFIC TO .MX REGISTRATIONS 

Acknowledgements.  You warrant and represent that you meet all of the eligibility requirements to register a .MX domain name, and you agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration policies for this ccTLD are available here and are incorporated herein.

Limitations.  You acknowledge and agree that by registering a domain name, you are not acquiring any property rights in that domain name. You further acknowledge and agree that we will not resolve disputes over domain name ownership. If we are provided with a filed court dispute in a court of competent jurisdiction, the domain name will remained locked pending the court’s decision.

IN NO EVENT SHALL THE .MX REGISTRY OPERATOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE DOMAIN NAME, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE .MX REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Reservation of Rights.  You acknowledge and agree that a copy of the customer contact data you provide will be used as the initial domain name contact data and made public in the Whois database. You further acknowledge and agree that the .MX Registry has the right to publish and to reveal to third parties the information of a domain name, both in the Whois and to competent authorities that may request it, and that the registrar has the right to share the information of a domain name with the Registry, and that the Registry has the right to migrate a domain name form the registrar to another registrar in case of completion of the contract.

Indemnification.  You agree to indemnify, defend and hold harmless the .MX registry operator, 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.

79. PROVISIONS SPECIFIC TO .MY REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD and that you have read and understand the Registry Policies, which may be found hereand are incorporated herein by refernce.

80. PROVISIONS SPECIFIC TO .NL REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD including, but not limited to, the registration guidelines, which are hereby incorporated by this reference. You further represent and warrant that all information provided by you is correct, complete and complies with all .NL General Terms and Conditions for .NL Registrants, which are also incorporated herein.

81. PROVISIONS SPECIFIC TO .NU REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and are incorporated herein. You further acknowledge and accept that any disputes related to your registered domain name will be governed by ICANN’s Uniform Domain Name Dispute Resolution Policy and the .NU Domain Ltd. Uniform Domain Name Dispute Resolution Policy, both of which are also hereby incorporated by reference.

82. PROVISIONS SPECIFIC TO .NZ REGISTRATIONS 

You represent and warrant that you meet the eligibility requirements of this ccTLD. You understand and agree that in order to register a .NZ domain name, a pre-registration DNS validation check is required by the Registry. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD, which are located here and are incorporated herein. If you are registering a Second Level Domain under this ccTLD, you further agree to be bound by the Second Level Domain’s rules, policies, and agreements, which are also incorporated herein and made a part of this Agreement.

83. PROVISIONS SPECIFIC TO .PE REGISTRATIONS

You acknowledge and agree to obey, comply with, and be bound by any and all registry rules, policies and agreements, and any and all updates, revisions and modifications thereto for this ccTLD, and that you have read and understand the Registry Policies, where may be found here, and are incorporated herein by reference.

84. PROVISIONS SPECIFIC TO .PH REGISTRATIONS

You acknowledge and agree to obey, comply with, and be bound by any and all registry rules an d policies, and any and all updates, revisions and modifications thereto for this ccTLD, and that you have read and understand the Registry Policies, where may be found here, and are incorporated herein by reference.  You acknowledge and agree to obey, comply with, and be bound by the Domain Namse Service Agreement, and any and all updates, revisions and modifications thereto for this ccTLD, and that you have read and understand the Registry Policies, where may be found here, and is incorporated herein by reference.

85. PROVISIONS SPECIFIC TO .PL REGISTRATIONS

You acknowledge and agree to obey, comply with, and be bound by any and all registry rules, policies and agreements, and any and all updates, revisions and modifications thereto for this ccTLD, and that you have read and understand the Registry Policies, where may be found here, and are incorporated herein by reference.

86. PROVISIONS SPECIFIC TO .RU REGISTRATIONS

You acknowledge and agree to obey, comply with, and be bound by any and all registry rules an d policies, and any and all updates, revisions and modifications thereto for this ccTLD, and that you have read and understand the Registry Policies, where may be found here, and are incorporated herein by reference.   You agree to indemnify HEXONET against any and all liability, loss, damages and legal costs in the transmission of identification information, understanding that HEXONET deletes identification information from all its systems immediately after transmission. You understand and accept that the .RU registry may choose to store identification information along with other registration data on their own accord and completely independent from HEXONET.

87. PROVISIONS SPECIFIC TO .SE REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and are incorporated herein by reference. You further acknowledge and agree that registrations for this ccTLD are provided in connection with 1API.

88. PROVISIONS SPECIFIC TO .SG REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, and that you have read and understand the Registry Policies, which may be found here and are incorporated herein by reference.

89. PROVISIONS SPECIFIC TO .SO REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, and that you have read and understand the Registry Policies, which may be found here and are incorporated herein by reference.

90. PROVISIONS SPECIFIC TO .TC REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and are incorporated herein by reference.

91. PROVISIONS SPECIFIC TO .TK REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and are incorporated herein.

92. PROVISIONS SPECIFIC TO .TV REGISTRATIONS 

You represent and warrant that you meet the eligibility requirements of this ccTLD. You further acknowledge and agree to be bound by any registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which are available hereand are incorporated herein.

93. PROVISIONS SPECIFIC TO .TW REGISTRATIONS 

Acknowledgements.  You acknowledge and agree to obey, comply with and be bound by any and all applicable laws, regulations and administrative policies promulgated by the Taiwan Network Information Center (“TWNIC”).

Compliance with TWNIC Rules.  You further agree to obey, comply with and be bound by all TWNIC rules and regulations and any and all updates, revisions and modifications, which may be made by TWNIC from time to time, which are hereby incorporated and made an integral part of this Agreement:

i.      Supervision and Guidance Regulation for Internet Protocol (IP) Address and Domain Name Registration and Management Services;

ii.      Guidelines for Administration of Domain Name Registration;

iii.      Guidelines for Authorization of Domain Name Registration Services;

iv.      TWNIC Domain Name Dispute Resolution Policy; and

v.      Rules for TWNIC Domain Name Dispute Resolution Policy.

Right to Accept Notice.  You give us the right to accept written complaints from third parties against false and/or inaccurate Whois data and you agree to follow any procedural regulation that may exist between the .TW registry operator and us.

Governing Law.  With regards to .TW domain names only, this Agreement will be interpreted and governed by the Laws of Taiwan.

Indemnification.  You agree to indemnify, defend and hold harmless the .TW Registry Operator, NeuLevel, 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 the Registered Name holder’s domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.

.TW Registration Restrictions.  You acknowledge and agree that you are not permitted to purchase private or proxy .TW registrations. You shall register for any and all .TW registrations using your personal information, which information you represent and warrant is current, accurate and complete.

94. PROVISIONS SPECIFIC TO .UK REGISTRATIONS 

You represent and warrant that you meet the eligibility requirements of this ccTLD. You further agree to be bound by any registry rules, policies, and agreements for this ccTLD including, but not limited to, the Terms and Conditions of Domain Name Registration and the Rules for registering a .UK domain name, both of which are incorporated herein. If you are registering a Second Level Domain under this ccTLD, you further agree to be bound by the Second Level Domain’s rules, policies, and agreements, which are also incorporated and made a part of this Agreement herein.

95. PROVISIONS SPECIFIC TO .VE REGISTRATIONS

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, and that you have read and understand the Registry Policies, which may be found here and are incorporated herein by reference.

96. PROVISIONS SPECIFIC TO .VG REGISTRATIONS 

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here and are incorporated herein.

Revised: 4/23/15
Copyright © 2000-2015 All Rights Reserved.

Hosting Agreement

KORE DOMAINS
HOSTING AGREEMENT

Last Revised: February 18, 2015

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Hosting Agreement (this “Agreement”) is entered into by and between Kore Domains, a NJ limited liability company (“Kore Domains”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Kore Domains’s Hosting services (the “Services”), and represents the entire agreement between you and Kore Domains concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any other agreements or policies that are expressly incorporated herein.

The terms “we”, “us” or “our” shall refer to Kore Domains. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by this Agreement and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. DESCRIPTION OF SERVICES

We offer varying plans of Hosting Services:

Web Hosting.  If you purchase Web Hosting, your site is placed within one or more servers and resources are shared between many customers on the same servers; however, your site is given a unique address (DNS).

WordPress Hosting.  If you purchase WordPress Hosting, you get Web Hosting with the addition of WordPress software.

Virtual Private Server (“VPS”).  If you purchase VPS, you will share a server with other customers, but you will have full control over your server space and the complete configuration of your virtual instance on the server. You will have administrator (root) access and a dedicated IP address.

Dedicated Server.  If you purchase a Dedicated Server, an entire server is reserved exclusively for your account and usage. You will have exclusive rights to your server’s bandwidth, memory, and storage space, and your server’s performance will not be affected by traffic and the usage patterns of other customers.

Hosting Migrations.  If you have your domain name registered with us and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us (“Hosting Migration”).  Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration.  Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make us unable to assist you in the transfer of data from a third-party host.

You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration.  If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location.  We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost.  You agree not to make any changes or revisions to your website during the migration process.

By requesting a Hosting Migration, you represent and warrant that you are authorized to provide us with access to your third-party hosting account and allow us to migrate the data at the third-party host to us.  You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.  You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration.  Hosting Migrations are not available for websites with over 10GB of data or more than 100,000 files.

Expert Hands Services.  If we determine that any support request falls outside the scope of your plan, you can request custom support services (“Expert Hands Services”) on a thirty (30) minute incremental basis for a fee, or on a per service basis, which we will quote to you before providing the custom support service. If you elect to use our Expert Hands Services, we reserve the right to charge any or all of the fees for such Services prior to the commencement of any work being performed. Expert Hands Services fees are non-refundable.   In the event you request that we install any Third Party Software (defined below) not provided as part of the Services, you represent and warrant that (1) you have the right to use and install the Third Party Software, (2) you have paid the applicable licensing fees for the Third Party Software, and (3) the Third Party Software does not and shall not infringe on the intellectual property rights of any other person or entity. You also agree to defend, indemnify and hold harmless us and our employees, officers and directors for, from and against any and all claims brought against us and our employees, officers or directors by a third party alleging the Third Party Software is not being used lawfully or that it infringes a third party’s right, patent, trademark, copyright or other intellectual property right. You agree that in such an event you shall pay all resulting costs, damages, expenses and reasonable attorneys’ fees that a court awards and any settlements incurred by us in connection with any such claims.  You must, within fourteen days of any Expert Hands Services, notify us if there are any issues with the Expert Hands Services. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any Expert Hands Services.

CloudTech Services. CloudTech One-time Malware Removal service offers customers affected by malware or other malicious attacks an option to have professional removal. Services are performed using either (S)FTP or (SSH) access. Remote scans have the ability to detect the following infection types: Obfuscated JavaScript injections, Cross Site Scripting (XSS), Website Defacements, Hidden & Malicious iFrames, PHP Mailers, Phishing Attempts, Malicious Redirects, Backdoors (e.g., C99, R57, Webshells), Anomalies, Drive-by-Downloads, Social Engineering Attacks, SEO Blackhat Spam, Pharma Hacks, Conditional Redirects, Mobile Redirects.  You agree to allow CloudTech and third-party security partner access to your servers for both malware remediation and post-service verification. The CloudTech One-Time Malware Removal service includes only those services specified on the CloudTech order. Once Media Temple commences providing the CloudTech One-Time Malware Removal service, all fees paid are NON-REFUNDABLE. We reserve the right, in our sole discretion, to close any CloudTech order, at any time, for any reason or no reason, without prior notice.

CloudTech Security Pack is a monthly subscription service offering Proactive Security Monitoring and Alerting, including professional malware removals.  Proactive Security Monitoring: CloudTech schedules automated server-side scans of up to 5 domains for vulnerabilities. Remote scans have the ability to detect the following infection types: Obfuscated JavaScript injections, Cross Site Scripting (XSS), Website Defacements, Hidden & Malicious iFrames, PHP Mailers, Phishing Attempts, Malicious Redirects, Backdoors (e.g., C99, R57, Webshells), Anomalies, Drive-by-Downloads, Social Engineering Attacks, SEO Blackhat Spam, Pharma Hacks, Conditional Redirects, Mobile Redirects.  Alerting: Any malware incidents detected by scheduled scan initiates the malware cleanup process handled by CloudTech and a third-party security partner. Customers are notified of incident status via support ticket. As part of their subscription, customers are entitled to 2 malware cleanups per month for each monitored domain.  You agree to allow CloudTech and third-party security partner access to your servers. Services are performed using either (S)FTP or (SSH) access. The CloudTech Security Pack service includes only those services specified on the CloudTech Security Pack order. We reserve the right, in our sole discretion, to close any CloudTech Security Pack order, at any time, for any reason or no reason, without prior notice.

3. LIMITATIONS; ACCOUNT TERMINATION

Migration of Servers.  You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.

Termination of Services.  You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content.

Free Products Credits.  Upon termination of the Services, all free products provided as part of the Services will be cancelled or revoked.

4. YOUR OBLIGATIONS

Justification.  You acknowledge and agree that we shall have the right to seek justification in connection with your use of the Services, specifically your purchase of IP addresses, and you shall be obligated to provide any and all information reasonably sought by us pursuant to such justification. In connection with such purchase, you acknowledge and agree that your name and justification may be disclosed to certain registries including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.

Abusive Activities.  You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agree that all websites associated with your hosting account may be removed if one website is in violation of this Agreement.  In addition to the General Rules of Conduct listed in our Universal Terms of Service, you agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (1) disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious; (2) attempt to mislead any person as to the identity, source or origin of any communication; (3) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (4) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement or any of our policies; or (5) use your server as an “open relay” or for similar purposes.

We prohibit the running of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.

Storage and Security.  You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.

Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.

Website/Server Content.  You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.

5. PROVISIONS SPECIFIC TO WEB AND WORDPRESS HOSTING

Storage and Plan Limits.  All Web Hosting and WordPress Hosting plans, including the unlimited plans, are subject to a limit of no more than 250,000 inodes per account for Linux® hosting accounts or 500,000 files and folders per account for Windows® hosting accounts. The plans are also limited to no more than 1,000 tables per database and no more than one gigabyte of storage per database. Any account or database that exceeds these limits may be issued a network violation warning and will be required to reduce the number of inodes, files and folders, tables or gigabytes (as the case may be), or may be temporarily or permanently suspended, in our sole discretion.  All Linux hosting plans are subject to the following limitations: no more than a) 25% of one CPU core; b) 512MB of RAM; c) 100 website connections; d) 100 active processes; e) 1 MB/s disk IO.  In the event these limitations are exceeded, your site may slow down or not be served until more resources are added.  More resources may be added for additional fees.

WordPress Hosting may only be used to host a WordPress website.  Only a single WordPress installation is allowed per website.  Any WordPress hosting account found to be hosting a non-WordPress website may be issued a network violation warning and will be required to remove the non-WordPress website, or may be temporarily or permanently suspended, in our sole discretion.  Additionally, you may be required to purchase an appropriate hosting plan in order to host the non-WordPress site should you wish to continue hosting the non-WordPress site on our network.

Free Trial hosting credits are subject the following limitations: no more than a) 25% of one CPU core; b) 256MB of RAM; c) 10 website connections; d) 100 active processes; e) .5 MB/s disk IO; f) 50,000 inodes; g) 1 GB diskspace; h) 10 GB monthly bandwith.  In the event these limitations are exceeded, your site may slow down or not be served until more resources are added.  More resources may be added by upgrading to a paid plan.

You acknowledge and agree that inbound UDP is not support in shared hosting environments.

Website/Server Content.  Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.

Unlimited Disk Space/Bandwidth/Website Plans.  Web Hosting and WordPress Hosting plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.

Website Accelerator Service.  Our Website Accelerator service (“Website Accelerator”) provides a content delivery network (CDN) designed to optimize your website performance through caching and secure distribution of static website content on a network of nationally dispersed servers. You acknowledge and agree that your website content will be stored throughout the United States. You acknowledge and agree that Website Accelerator may be discontinued or suspended at any time, and your participation is subject to eligibility, as detailed below.

In order to be eligible for Website Accelerator, you acknowledge and agree that you meet and will keep in compliance with the following criteria: (1) your website must be hosted in Phoenix, AZ; (2) your domain name and hosting must be in the same account; (3) you must have DNS with us; (4) you must not use DNSSEC; (5) you may not have or add SSL certificates; if you add an SSL with CDN activated, the SSL certificate will not function; (6) you must have an Ultimate web hosting plan; and (7) you may not change operating systems.

6. PROVISIONS SPECIFIC TO VPS, DEDICATED,  HOSTING

Assisted Service Plan.  If you purchase an Assisted Service Plan (“AS Plan”) with VPS, we may install a limited number of applications (“Supported Applications”) on your server at your request. A full list of Supported Applications is available from our support team upon request. If you request the installation of a Supported Application, we will install and configure the Supported Application on our server as long as the server has available resources (e.g., storage, RAM, processing power) to support that particular application. We will then provide the primary (administrator) username and password to you, at which point you will take over the managed and additional configuration of that particular application. We will not be responsible for content, customization, or any other activities associated with the Supported Application, including any repair of the Supported Application should it stop working. We shall limit technical support of an inoperable Supported Application to restoring said Supported Application to its original state (fresh installation, with no data or customization).

Server Access.  If you purchase MS SQL or Managed Backups, you hereby authorize us to log into your server for purposes of installing and configuring the MS SQL or Managed Backups.

IP Addresses.  You acknowledge and agree you are required to begin using at least ninety percent (90%) of your purchased IP addresses within thirty (30) days of assignment of such IP addresses to you. In the event you do not begin using at least ninety percent (90%) of your assigned IP addresses within thirty (30) days of assignment, you acknowledge and agree that we shall have the right to reclaim any unused IP addresses.

FTP Back-Up.  We offer an FTP Backup option for an extra fee. You acknowledge and agree that purchasing FTP Backup may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, you shall be subject to a maximum disk space and bandwidth usage according to the plan you purchase. Subject to the terms and conditions of this Agreement, we shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Agreement. You acknowledge and agree that from time-to-time the FTP Backup services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs that we may undertake from time to time; or (3) causes beyond our control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

Configuration Add-Ons.  We offer multiple configuration options (“Configuration Add-Ons”) for an extra fee. The specific Configuration Add-Ons available depend on which hosting package you purchase, but may include a control panel, database, external firewall or RAID. You acknowledge and agree that installing a Configuration Add-On will use some of your available storage, may require additional provisioning time, will require us to install Third Party Software (defined below), third party hardware or internally developed custom software to your server, and, in some cases, may limit the versions of Third Party Software available for use with your server. Third Party Software, third party hardware and internally developed customer software will be supported by us. Except for RAID, you may cancel any of the other Configuration Add-Ons at any time for a prorated refund. If you wish to cancel RAID, you will be required to cancel your server and purchase a new one.

cPanel.  In the event you add cPanel to your server, you agree to be bound by the cPanel EULA, which is hereby incorporated by reference

7. SERVICE UPTIME GUARANTEE

We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

8. SSL CERTIFICATES

Except as may be limited by specific products or services, any SSL certificate you purchase from us or our affiliates to use in conjunction with the Services is intended for its specific use as described in the SSL Certificate Service Subscriber Agreement and will not be exported from the server to be used with any other web hosting service. If you are using an SSL certificate on a website hosted by us, we will generate and securely store a corresponding private key.

For security reasons, at no time will we release your private key, even per your request. If you wish to export your SSL certificate for use on a non-Kore Domains server, you will need to make a request to us no earlier than thirty (30) days after your initial SSL subscription began. After your account with us has been cancelled, you will have thirty (30) days to follow the Starfield Secure Certificate Registration Process and request a re-key of the SSL certificate, or your SSL certificate will become invalid.

9. THIRD PARTY SOFTWARE  

Definition.          “Third Party Software” means any software or application developed and owned by a third party provider that we may contract with from time to time.

Operating Software.  The Services may be operated in both Linux® and Windows® environments. Each time you commission a server, we will provision the server with the operating system you choose.

We reserve the right to modify, change, or discontinue any Third-Party Software at any time, and you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-Party Software. The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software solely as part of the Services. You may not use the Third-Party Software outside of the Services. We may provide your personal information to third-party providers as required to provide the Third-Party Software. You acknowledge and agree that your use of the Third-Party Software is subject to our agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Third-Party Software is subject to such service or license agreement. You may not download, install, or use any Third-Party Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement. You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble the Third-Party Software, except and only to the extent that such activity is expressly permitted by applicable law. You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no representations or warranties about any Third-Party Software offered in connection with the Services, and expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported by us and not by the third-party providers (or their affiliates or suppliers).

10. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

11. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Revised: 2/18/15
Copyright © 2001-2015 All Rights Reserved.

Marketing Applications Agreement

KORE DOMAINS
MARKETING APPLICATIONS AGREEMENT

Last Revised: March 24, 2015

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Marketing Applications Agreement (this “Agreement”) is entered into by and between Kore Domains, a NJ limited liability company (“Kore Domains”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of our Express Email Marketing service (“Express Email Marketing”) and our Search Engine Visibility service (“Search Engine Visibility”) (individually and cumulatively referred to as “Service” and “Services”), and represents the entire agreement between you and us concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any plan limits presented on the product landing pages, which are also incorporated herein by this reference.

The terms “we”, “us” or “our” shall refer to Kore Domains. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement and Service limitations as last revised. If you do not agree to be bound by this Agreement and the Service limitations as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. DESCRIPTION OF SERVICES

We offer a variety of products in our Marketing Applications suite of products, including Express Email Marketing and Search Engine Visibility. You may purchase just one or both of these products. Your purchase and use of each product is subject to both the general terms and conditions and the specific terms and conditions for each product as set forth in this Agreement.

3. GENERAL TERMS

No Endorsement. We do not endorse any of the email marketing campaigns initiated using Express Email Marketing, any of the Online Landing Pages (as defined below), descriptions of services contained on the Online Landing Pages, testimonials contained on the Online Landing Pages, or other user content created through Search Engine Visibility, and expressly disclaim any and all liability or responsibility regarding the same.

4. PROVISIONS SPECIFIC TO EXPRESS EMAIL MARKETING

Core Services.  Express Email Marketing is a customizable permission-based email marketing service, which allows you to perform the following actions within the parameters specific to your plan: (i) create and maintain permission-based email contact lists built on your customer database or contact management system (email contact lists may be built or added to manually, or imported from your existing customer database or contact management system); (ii) create targeted email marketing campaigns and distribute each campaign on a scheduled basis to your email contact lists; (iii) create surveys that you may link to on your website or in your targeted email marketing campaigns; (iv) access reporting data on campaign responses, survey results, and contact activity, including demographic details; (v) implement email list subscription functionality to your website; and (vi) read updates from (and post updates to) all supported social networks through a single user interface.

Contact-Based Plans; Post-February 2012.  Since February 2012, all Express Email Marketing plans use a contact-based billing model, which allows you to send an unlimited number of email marketing campaigns to the number of contacts included in your plan (“Contact Allowance”).

If you anticipate exceeding your Contact Allowance at any time during your billing term (one month, 12 months, 24 months, or 36 months, as applicable), you may either (i) upgrade to a plan that includes a larger number of contacts or (ii) purchase additional contacts through the use of contact packs (“Contact Packs”). If you purchase Contact Packs, the cost of each Contact Pack will be added (as a monthly recurring cost) to the cost of your plan for the remainder of your billing term. Once purchased, your Contact Allowance will then be deemed to include the number of contacts included in your plan plus the number of contacts included in each Contact Pack. Contact Packs may be used for the duration of your billing term. If you exceed your Contact Allowance (either as originally purchased or as supplemented through Contact Packs), you acknowledge and agree that any contacts in excess of your Contact Allowance may not receive your email marketing campaigns.  Contacts will be reviewed in the order they were added to each email marketing campaign. In addition, if you exceed your Contact Allowance or any other parameters specific to your plan, you acknowledge and agree that we may (i) charge your account additional fees or (ii) terminate your account.  Account usage determinations shall be made by us in our sole and absolute discretion.

Email-Based Plans; Pre-February 2012.  If you subscribed to Express Email Marketing before February 2012, your plan uses an email-based billing model, which allows you to send a defined number of emails to your contacts each billing cycle, depending on the plan to which you subscribe (“Email Allowance”). At every billing cycle (some plans are monthly and some are annual), the email count resets and you will be able to send your full Email Allowance during the new billing cycle. Any email overages will be displayed when you attempt to send and will alert you that those emails cannot be delivered until sufficient Email Allowance is available in your account. Any unused emails in your Email Allowance will not roll over into the next billing cycle.

Proper Use Required.  You acknowledge and agree that you shall not use the Services to request, collect or send any non-public or personally identifiable information about another user or any other person without their express prior written consent (or the parent’s consent in the case of a minor), illegal information, or any other information you do not have the right to request, collect or distribute. You further acknowledge and agree to abide by the terms and conditions of our Express Email Marketing Privacy Policy, which is incorporated herein by this reference.

Anti-Spam Policy.  By using Express Email Marketing, you acknowledge and agree to not use the Services for spam, and you agree to comply with the provisions of the CAN-SPAM Act of 2003 [http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business]. We have a zero-tolerance spam policy. You acknowledge and agree that we may immediately terminate any account that we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email activity.

The content you include in any email must be accurate and you may only use the Services to send emails to customers and contacts who have expressly opted in or given you permission to send emails to them. If you do not have written proof that each recipient on your contact list has expressly opted in or given you permission to send emails to them, do not include them in any email marketing campaign.

We prohibit the use of third-party, purchased, rented, or harvested mailing lists. You shall not send emails (i) to newsgroups, message boards, distribution lists, or unsolicited email addresses, or (ii) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such emails from you or another party on whose behalf you may be commissioned.

You represent and warrant that the information you use in any email marketing campaign, including the header, subject line, and content, is not false, deceptive, or misleading. You agree to include a valid and correct physical address, as well as a valid and correct “from” and “reply to” address in every email. You must be able to provide opt-in verification for each contact for each email marketing campaign. You must comply with all opt-out requests within ten (10) business days of receipt and the opt-out method used must be able to process opt-out requests for a minimum of sixty (60) days after the email is sent. You acknowledge and agree that we have the right but not the obligation to copy and/or store your contact lists, customer and contact information, and other information as needed. We shall not use this information in any way that violates our Privacy Policy, except as permitted or required by law.

Branding.  For every email you send using Express Email Marketing, you acknowledge and agree that we may attach (i) a notice stating that the email was powered by Express Email Marketing and (ii) a link to our Express Email Marketing Privacy Policy.

Third Parties Images and Software.  As part of Express Email Marketing, you may be allowed to use certain photographs, illustrations, or other images developed, owned, or licensed by third-party providers that we may contract with from time to time. You acknowledge and agree that the Images are neither sold nor distributed to you and you may use the Images solely as part of Express Email Marketing and you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images. We reserve the right to modify, change, or discontinue provision of the Images at any time, and you agree to cooperate in performing any steps necessary in connection therewith. We make no representations or warranties about any third-party Images offered in connection with Express Email Marketing, and expressly disclaim any liability or responsibility regarding the same. You acknowledge and agree that you will protect, defend, indemnify and hold harmless us from and against any and all claims imposed upon or incurred by us directly or indirectly arising from your use or misuse of the third-party Images. You acknowledge and agree that the providers of the third-party Images are third-party beneficiaries to this Agreement for purposes of enforcing their rights under this Agreement.

Additional Terms and Conditions Applicable to Fotolia:  You acknowledge and agree to Fotolia’s Terms and Conditions of Use, which are incorporated herein by reference.

Data Retention.  Express Email Marketing is not intended for archival purposes. You are solely responsible for maintaining independent back-up copies of your email contact lists, marketing campaigns, reports, and other content. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your email contact lists, marketing campaigns, reports, and other content.

5. PROVISIONS SPECIFIC TO SEARCH ENGINE VISIBILITY v1

Core Services.  Search Engine Visibility v1 is designed to assist you in increasing traffic to your website by providing you with search engine optimization recommendations for the web pages comprising your website. Among other things, Search Engine Visibility v1 provides (i) site analysis on title, description, keywords, page content, and meta tags, as they pertain to submitted search phrases, as well as analysis on site attributes such as spiderability; (ii) automatic (one-click) submission to top search engines; and (iii) manual submission to local and specialized search engines and directories. Certain plans also offer online advertising (“Online Advertising”), which allows you to set an advertising budget for paid online ads and creates an online landing page (“Online Landing Page”) where you can track telephone calls, emails and visitors generated by your paid online ads.

Requirements.  Any web page you submit when using Search Engine Visibility v1 (i) must resolve to an operational web page, and may not resolve to a DNS error, a 404 error, or any other error message; (ii) must be publicly accessible without the use of passwords or other access codes; (iii) must not reside on a secure server or use any spider blocking technology; and (iv) must have a page title or description relevant to the page content.

No Intellectual Property Infringement.  You represent and warrant that your web page(s) do not infringe on the intellectual property rights of any third party. You further represent and warrant that we and our search engine and directory partners (individually and collectively) have the right to display and distribute any search listings generated by Search Engine Visibility v1, and to copy, modify or manipulate the search listings as necessary to conform to search engine standards.

Additional Limitations.  We and our search engine and directory partners reserve the right to refuse or remove any web page from a search engine’s index for any reason. In addition, we explicitly reserve the right to terminate your use of Search Engine Visibility v1 if it comes to our attention that you are using the Service for activities designed to undermine the accuracy, relevance, credibility, or validity of search engine results, such as by “link farming”, “keyword stuffing”, or “spamming” (as such terms are customarily understood in the search engine optimization industry).

Additional Disclaimer of Representations and Warranties.  In addition to the Disclaimer of Representations and Warranties section contained in the Universal Terms of Service Agreement, we expressly disclaim any guarantee of the level of success you will achieve by using Search Engine Visibility v1. You acknowledge and agree that there is no guarantee that you will be listed by search engines, or that you will achieve significant search engine rankings.

Online Advertising; Provision of Basic Business Information.  In order to create your Online Landing Page for use with Online Advertising, you will be prompted to supply basic business information in order to create your Online Landing Page. You acknowledge and agree that the basic business information you supply will be publicly displayed on your Online Landing Page.

Online Advertising; Fees and Advertising Budget.  The fees for Online Advertising include both a monthly charge for Services (“Monthly Service Charge”) and a monthly advertising budget (“Monthly Advertising Budget”). You agree to pay the Monthly Service Charge and the Monthly Advertising Budget at the time you order such items, and you further agree that neither the Monthly Service Charge nor the Monthly Advertising Budget shall carry over from month to month (even if you never activate your Services or complete the business interview required to provision your advertising). If you elect to advertise with Google only, 100% of your Monthly Advertising Budget will go to Google. If you elect to advertise with Google, Bing, and Yahoo!, 50% of your Monthly Advertising Budget will go to Google and 50% will go to Bing and Yahoo! You will not be permitted to customize the advertising mix and we will not customize it for you. Additionally, a percentage of the Monthly Advertising Budget shall be retained by us as a monthly search marketing fee (“Monthly Search Marketing Fee”) that supports ongoing campaign optimization performed by us on your behalf.

We expressly reserve the right to change or modify our prices and fees (including the Monthly Search Marketing Fee) at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have prepaid the Monthly Service Charge and/or the Monthly Advertising Budget for a period of months or years, changes or modifications in prices and fees shall be effective when those Services come up for renewal; provided, however, that changes or modifications to the Monthly Search Marketing Fee shall be effective immediately once posted online at this Site.

Online Advertising; Tracking of Marketing Data.  In order to provide you with marketing data regarding your Online Advertising, telephone calls initiated through your Online Landing Page, emails initiated through your Online Landing Page, visitors to your Online Landing Page, and links from your Online Landing Page to your website will be tracked (telephone calls are also recorded). You acknowledge and agree to the tracking of this information. Tracked information will be saved for the term of your active Online Advertising service (except for recorded telephone calls which will only be saved for ninety (90) days from the date of recording), during which time you will be able to review the historical tracked data associated with your Online Landing Page. Upon the termination of your Online Advertising service, this information will be saved for an additional thirty (30) days, after which time we (or the third-party service provider responsible for storing such information) may, in our sole and absolute discretion, remove and destroy any tracking information stored on our servers.

Online Advertising; Assigned Numbers.  In connection with purchasing Online Advertising, you may choose to have us assign you a telephone number that will display on your Online Landing Page (the “Assigned Number”). Your Assigned Number (i) will forward to your business telephone number and (ii) will allow telephone calls initiated through your Online Landing Page to be tracked and recorded. You acknowledge and agree that you are not the owner of the Assigned Number, and ownership of the Assigned Number is vested solely in us and the third-party telecommunication providers we may contract with from time to time. You acknowledge and agree that this Agreement, and your use of the Assigned Number provided hereunder, is subject to such third-party telecommunication agreements.

You acknowledge and agree that we may need to change your Assigned Number from time to time due to an area code split or any other reason, which may or may not be within our control, and we expressly disclaim any liability or responsibility regarding the same. You acknowledge and agree that following the termination of your Online Advertising account, your Assigned Number may immediately be re-assigned to another customer, and we expressly disclaim any liability or responsibility regarding the same. Accordingly, you hereby waive any claims with respect to any change or re-assignment of your Assigned Number, whether based on warranty, contract, tort, or any other legal or equitable theory. You also acknowledge and agree that you are expressly prohibited from causing or attempting to cause the Assigned Number to be transferred or “ported” to any other service provider, telephone carrier, or other person or entity.

Online Advertising; Third-Party Search Engines and Advertising Tools; Prices and Fees.  In connection with purchasing Online Advertising, we will attempt to drive traffic to your Online Landing Page in partnership with Google®, Bing™, Yahoo!®, or such other third-party search engines and/or advertising tools that we may contract with from time to time. You acknowledge and agree that this Agreement, and your use of the Services provided hereunder, is subject to such third-party agreements and you agree to be bound by such agreements. In addition, you specifically acknowledge and agree that we make no representations or warranties about our abilities (or the abilities of such other third-party search engines and/or advertising tools) to drive traffic to your Online Landing Page, and expressly disclaim any liability or responsibility regarding the same.

Local Reviews.  You may have the option to monitor online reviews of your business through Search Engine Visibility v1. If you use the local review tool, your use of the content provided by the tool is subject to the following terms and conditions:

City Grid.  Your use of the licensed content is subject to the CityGrid Terms and Conditions, which are hereby incorporated by reference. You acknowledge and agree that CityGrid may revoke the licensed content at any time.

YellowPages.  Your use of the licensed content is subject to the Yellow Pages Group Co. API Terms of Use, which are hereby incorporated by reference.

6. PROVISIONS SPECIFIC TO SEARCH ENGINE VISIBILITY

Core Services.  Search Engine Visibility is designed to assist you in improving your ranking on search engines (i.e. Google) by providing you with recommendations and automatic updates for web pages comprising your website. Among other things, Search Engine Visibility provides (i) analysis on title, description, keywords, page content, and meta tags, as they pertain to your business, location and submitted search phrases; (ii) step by step guide to show you how and where to optimize your website; (iii) highly targeted content recommendations; (iv) drag and drop social sharing buttons; (v) automatic updates to your website via a reverse proxy; (vi) automatic (one-click) submission to top search engines and (vii) website search ranking tracking over time.

Requirements.  To use Search Engine Visibility as a standalone product and auto publish you should have the domain for your website registered with GoDaddy and permission to edit content on the website for that domain. To auto-publish, you should not use SSL in any capacity and grant us permission to update DNS settings on your behalf for the domain. To manually publish, you should have the permission to edit content on the domain.

To use Search Engine Visibility through Managed WordPress, Website Builder or Online Store you should have permission to edit content on the website.

In addition, any web page you submit when using Search Engine Visibility must resolve to an operational web page, and may not resolve to a DNS error, a 404 error, or any other error message; and must be publicly accessible without the use of passwords or other access codes.

No Intellectual Property Infringement.  You represent and warrant that your web page(s) do not infringe on the intellectual property rights of any third party. You further represent and warrant that we and our search engine partners (individually and collectively) have the right to display and distribute any search listings generated by Search Engine Visibility, and to copy, modify or manipulate the search listings as necessary to conform to search engine standards.

Additional Limitations.  We explicitly reserve the right to terminate your use of Search Engine Visibility if it comes to our attention that you are using the Service for activities designed to undermine the accuracy, relevance, credibility, or validity of search engine results, such as by “link farming”, “keyword stuffing”, or “spamming” (as such terms are customarily understood in the search engine optimization industry).

Additional Disclaimer of Representations and Warranties.  In addition to the Disclaimer of Representations and Warranties section contained in the Universal Terms of Service Agreement, we expressly disclaim any guarantee of the level of success you will achieve by using Search Engine Visibility. You acknowledge and agree that there is no guarantee that you will be listed by search engines, or that you will achieve significant search engine rankings.

7. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

8. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement.  In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Revised: 3/24/15
Copyright © 2012-2015 All Rights Reserved.

Online Store/Quick Shopping Cart Agreement

KORE DOMAINS
ONLINE STORE/QUICK SHOPPING CART AGREEMENT

Last Revised: December 3, 2014

This Online Store/Quick Shopping Cart Agreement (“Agreement”) is by and between Kore Domains (” Kore Domains “), a NJ limited liability company, and you, your heirs, assigns, agents and contractors (“You”) and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Kore Domains’s Online Store/Quick Shopping Cart Service (the “Service”) and represents the entire Agreement between You and Kore Domains. By using the Service, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and the Universal Terms of Service, along with any new, different or additional terms, conditions or policies which Kore Domains may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with Kore Domains, whether or not the transactions were in Your behalf. You acknowledge that Kore Domains’s acceptance of any application made by You for services provided by Kore Domains will take place at the Internet Corporation for Assigned Names and Numbers (“ICANN”) accredited registrar’s offices located in Scottsdale, Arizona, USA.

1.   FEES

As consideration for the Service purchased by You and provided to You by Kore Domains, You agree to pay Kore Domains a monthly or annual fee, depending on which payment plan You signed up for when You purchased the Service. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You establish Your Online Store/Quick Shopping Cart account with Kore Domains unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. If You signed up for an annual payment plan, and You elected the automatic renewal option, Kore Domains will automatically renew Your service when it comes up for renewal and will take payment from the Payment Method You have on file with Kore Domains, at Kore Domains’s then current rates. Payment is to be made by You providing either a valid credit card, an online check, or using “Good as Gold” to establish a cash reserve for charge by Kore Domains (collectively, the “Payment Method”). Personal checks and money orders may only be used only to fund “Good As Gold” (GAG) accounts, must be for payments of $100 or more, and issued in U.S. dollars for the full amount required at that time. All money orders will be delayed ten (10) days until the money is credited, which may delay Your usage of the product or service, and any money order that does not clear will result in a $25 processing fee. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. Payments are non-refundable. If for any reason Kore Domains is unable to charge Your Payment Method with the full amount of the Service provided, or if Kore Domains is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Kore Domains may pursue all available remedies in order to obtain payment. In the event that You exceed the scope of the Service as set forth in Your Agreement, You shall pay Kore Domains for such additional service not within the scope of Your Agreement as specified. Kore Domains reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Management page.

2.   TERM, TERMINATION, MODIFICATIONS

Term 

The term of this Agreement shall commence on the date You purchase the Service, and will continue in full force and effect as long as Kore Domains is providing the Service to You.

Termination 

You agree that You will be responsible for notifying Kore Domains should You desire to terminate Your use of the Service. Notification of Your intent to terminate must be provided to Kore Domains no earlier than ten (10) days prior to Your billing date but no later than three (3) days prior to Your billing date. In the absence of notification from You, Kore Domains will automatically continue providing access to the Service indefinitely and will charge the Payment Method You have on file with Kore Domains, at Kore Domains’s then current rates. It is Your responsibility to keep Your Payment Method information current, including the expiration date of any credit cards You have on file. Kore Domains reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of the Service.

Modifications 

You agree that Kore Domains may modify this Agreement from time to time. Kore Domains may also discontinue the Service. You agree to be bound by any changes Kore Domains may reasonably make to this Agreement when such changes become effective.

3.   THE SERVICE

With Online Store/Quick Shopping Cart, Kore Domains will provide You with the ability to create, manage and maintain an online storefront provided, however, that You abide by the terms and conditions set forth herein and in each of Kore Domains’s policies and procedures.

Online Store/Quick Shopping Cart allows You to:

  1. add, access, manage and maintain a catalog of products and/or services and present said catalog on the Internet through a compiled storefront rendered as a domain (web site) or sub-domain;
  2. engage in the selling of physical and downloadable goods over the Internet;
  3. arrange for the collection of payment related to applicable tax and shipping fees;
  4. collect credit card and personal information for the purpose of conducting transactions;
  5. perform order management and processing activities; and
  6. generate business reports related to storefront business activity

Storefront Content 

You shall be solely responsible for providing, updating, uploading and maintaining Your storefront and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your storefront, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Service.

Shared SSL Certificates 

Any SSL certificate You purchase from Kore Domains or its affiliates to use in conjunction with a shared hosting plan provided by Kore Domains, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by Kore Domains, Kore Domains will generate and securely store a corresponding private key. For security reasons, at no time will Kore Domains release Your private key, even if You request it. I f You wish to export Your SSL certificate for use on a non Kore Domains hosting server, You will need to make a request to Kore Domains no earlier than thirty (30) days after Your initial SSL subscription began. After Your hosting account with Kore Domains has been cancelled, You will have thirty (30) days to follow the Kore Domains Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.

Availability of Services 

Subject to the terms and conditions of this Agreement, Kore Domains shall attempt to provide the Service for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time, the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Kore Domains may undertake from time to time; or (iii) causes beyond the control of Kore Domains or which are not reasonably foreseeable by Kore Domains, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Kore Domains has no control over the availability of the Service on a continuous or uninterrupted basis.

Unlimited Product Catalog 

You agree the performance of Your storefront may begin to slow at varying number of products depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree Kore Domains has no control over potential physical and practical constraints You may experience at an uncertain number of products in a category.

 4.   YOUR OBLIGATIONS

By using the Service, You agree You are age 18 or over. The Service is available only to persons who can make legally binding contracts under applicable law.

You agree You have provided accurate, current and complete information in the application process and that You will notify Kore Domains within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Kore Domains to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Kore Domains has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Kore Domains has the absolute right, in its sole discretion, to terminate the Service and close Your account.

Intellectual Property 

Except as expressly stated elsewhere in this Agreement, this Agreement does not grant You any rights in the Service and all rights are reserved by Kore Domains or its licensor. You agree that Quick Shopping Cart, the names and logos of Kore Domains and all related product and service names, design marks and slogans, are the property of Kore Domains and its affiliates, and that You are not authorized to use any of them in any advertising, publicity, or other commercial venture without the prior written consent of Kore Domains. You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by Kore Domains. You affirmatively acknowledge Kore Domains is relying on Your representation concerning Your proper use of all content on any web site You create or control.  Moving Your web site from one hosting server or provider to another is Your responsibility. Kore Domains will not transfer or FTP Your Web site to another hosting provider.

Privacy 

You agree to be bound by Kore Domains’s Privacy Policy in its dealings with customers and others. Failure to comply with such Privacy Policy will be deemed a material breach of this Agreement.

Product and Service Agreements 

You agree to enter into any Third Party User Agreements necessary before You may use any of the Payment, Shipping, Tax Calculations or other options associated with the Service. You further agree to enter into any Kore Domains and affiliate User Agreements required for the customization and operation of the Service, including, but not limited to, agreements for domain registration, hosting, and products. Such Agreements may be found here

End Customer Payment and Taxes 

You understand You are responsible for collecting, and managing all end customer payments. Similarly, You are responsible for the payment of all applicable state, federal or international taxes on products You sell using the Service. It is Your responsibility to read and agree to all End User License Agreements required for use of Your selected Payment Methods and Tax options. Kore Domains is not responsible for the accuracy of information obtained through the Payment Method and Tax options. You are responsible for any additional taxes and duties imposed on the transaction. You may be subject to foreign tax obligations by selling to buyers. You are solely responsible for complying with all domestic and foreign tax, shipping, and export laws with respect to the sale of Your items to purchasers internationally.

Storage and Security 

At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on Kore Domains’s servers; and (iv) ensure the confidentiality of Your password. Kore Domains’s servers and hosting services are not an archive and Kore Domains shall have no liability to You or any other person for loss, damage or destruction of any of Your content. If Your password is lost, stolen or otherwise compromised, You shall promptly notify Kore Domains, whereupon Kore Domains shall suspend access to Your web site by use of such password and issue a replacement password to You or Your authorized representative. Kore Domains will not be liable for any loss You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Kore Domains or another party due to someone else using Your account or password.

Server Resources 

If You are hosting Your web site on Kore Domains’s servers, You are responsible for ensuring there is no excessive overloading on Kore Domains’s DNS or servers. You may not use Kore Domains’s servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Kore Domains reserves the right to remove sites that contain information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. Kore Domains prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Kore Domains. You agree Kore Domains reserves the right to remove Your web site temporarily or permanently from its hosting servers if Kore Domains is the recipient of activities that threaten the stability of its network.

Sample Terms and Conditions 

Sample Terms and Conditions are provided for reference purposes only. Kore Domains is not responsible for Your use of the sample terms and conditions — You use them at Your own risk. The default terms and conditions provided through the Terms and Conditions page can be used with the following disclaimer: The descriptions and suggestions are not legal, tax or financial advice. Online Store/Quick Shopping Cart does not guarantee to the legality of any phrasing or provisions offered or derived from these descriptions and suggestions. You should consult with an attorney to ensure Your terms and conditions are sufficient to meet Your needs, appropriate for Your jurisdiction and are legally binding on Your customers.

5.   FACEBOOK 

Facebook Page Designer

Quick Shopping Cart includes access to a Facebook page designer (the “Facebook Page Designer”).  The Facebook Page Designer allows You to create a customized Facebook page.  In order to use the Facebook Page Designer, You will need to (i) set up a Facebook account (if You do not have one already) and (ii) activate a public page from within Your Facebook account.  After You finish designing Your Facebook page, You will need to link the Facebook page to Your Facebook account in order for the Facebook page to be navigable.  Please note that Your Facebook page will be accessible via the same control panel as Your cart.  Accordingly, Your cart must be active before Your Facebook page can be published

General Rules of Conduct; Facebook Restrictions

In addition to Section 4 (General Rules of Conduct) contained in the Universal Terms of Service Agreement, You specifically acknowledge and agree that:

  1. If You access the Facebook Page Designer, You shall not use it to launch a Facebook page that promotes, provides content referencing, facilitates, contains, or uses any of the following:
  • Alcohol-related content, or sale of tobacco products, ammunition and/or firearms;
  • Content that infringes upon the rights of any third party, including intellectual property rights, privacy, publicity, moral or other personal or proprietary rights, or that is deceptive or fraudulent;
  • Gambling, including without limitation, any online casino, sports books, bingo or poker;
  • Illegal activity and/or illegal contests, pyramid schemes, sweepstakes or chain letters (if You run, reference, or facilitate a legally permissible sweepstakes, contest, or other promotion You are subject to Facebook’s Promotions Guidelines located here: http://www.facebook.com/promotions_guidelines.php); or
  • Content that is hateful, threatening, defamatory, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  1. If You access the Facebook Page Designer, You must ensure that You own or have secured all rights necessary to copy, display, distribute, deliver, render and publicly perform all content of or within Your application to Facebook users in all countries where You make the content available.

6. KORE DOMAINS ‘S RIGHTS

Kore Domains explicitly reserves the right and sole discretion to:

  1. modify its pricing through email notification;
  2. terminate Your use of the Service for unsolicited, commercial e-mailing (i.e., spam, sending email to subscribers who have not “opted-in”); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of fees; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, and other activities whether lawful or unlawful that Kore Domains determines to be harmful to its other customers, operations, or reputation;
  3. terminate Your use of the Service if Your use of the Service results in, or is the subject of, legal action or threatened legal action, against Kore Domains or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; and
  4. terminate Your Service if You have not accessed or logged into it for ninety (90) days.

If Kore Domains terminates Your Service, it may, at its own option, remove and destroy data and files stored by You on its servers. Kore Domains has no obligation to monitor Your use of the Service, but reserves the right in its sole discretion to do so.

Revised: 12/3/14
Copyright © 2004-2014 All Rights Reserved

Professional Web Services Agreement

KORE DOMAINS
PROFESSIONAL WEB SERVICES AGREEMENT

Last Revised: April 13, 2015

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Professional Web Services Agreement (“Agreement”) is entered into by and between GoDaddy.com, LLC, a Delaware limited liability company (“Go Daddy”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Go Daddy’s Professional Web Services (“Service(s)”), and represents the entire agreement between you and Go Daddy concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with Go Daddy’s Universal Terms of Service Agreement, which is incorporated herein by this reference.

The terms “we”, “us” or “our” shall refer to Go Daddy. The terms “you” and “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.

We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. DESCRIPTION OF SERVICES

This Agreement applies to design of websites and web stores, and post-publication changes to websites and web stores.

Purchase of a website design includes the design of a website using the parameters specific to your plan, and as described below:

Website Design

   •  Simple Site Design includes the choice of one (1) design template, one (1) round of revisions (not to include new content), and no Update Minutes. Update Minutes available for purchase.

   •  Website Design includes your choice of one (1) design template, up to five (5) site pages, one (1) revision after your site is completed (not to include new content), and up to six (6) hours total of Update Minutes. Additional Update Minutes are available for purchase.

   •  Deluxe Website Design includes custom designed elements placed into our choice of design template, one (1) standard favicon image of your choice based on your website design, logo or initials, up to twenty (20) site pages, one (1) revision during the design process (not to include new content), one (1) revision after your site is completed (not to include new content), and thirty (30) minutes per month for site Update Minutes. Unused minutes expire each month and do not roll over. Additional Update Minutes are available for purchase.

Web Store Design

Purchase of a web store design includes the design of a web store using the parameters specific to your plan, and as described below (“Web Store”):

   •  Web Store Design (Standalone) includes your choice of one (1) design template, basic setup of your first ten (10) products or setup of your first five (5) products with options, one (1) revision after your store is completed, and thirty (30) minutes per month for store Update Minutes. Unused minutes expire each month and do not roll over. Additional Update Minutes are available for purchase.

   •  Web Store Design includes your choice of one (1) design template, up to sive (5) site pages, basic setup of your first ten (10) products or setup of your first five (5) products with options, one (1) revision after your store is completed, and thirty (30) minutes per month for store Update Minutes. Unused minutes expire each month and do not roll over. Additional Update Minutes are available for purchase

   •  Deluxe Web Store Design (Standalone) includes custom designed elements placed into our choice of design template, one (1) standard favicon image based on your web store design, logo or initials, basic setup of your first twenty (20) products, image touchup (resizing, cropping, and lightening/darkening) of your first twenty (20) products or setup of your first ten (10) products with options, category and product default (placeholder) graphic, logo resizing for insertion on header and invoice pages, one (1) revision during the design process, one (1) revision after your store is completed, and thirty (30) minutes per month for store Update Minutes. Unused minutes expire each month and do not roll over. Additional Update Minutes are available for purchase.

   •  Deluxe Web Store Design includes custom designed elements placed into our choice of design template, one (1) standard favicon image based on your web store design, logo or initials, up to five (5) site pages, basic setup of your first twenty (20) products, image touchup (resizing, cropping, and lightening/darkening) of your first twenty (20) products or setup of your first ten (10) products with options, category and product default (placeholder) graphic, logo resizing for insertion on header and invoice pages, one (1) revision during the design process, one (1) revision after your store is completed, and thirty (30) minutes per month for store Update Minutes. Unused minutes expire each month and do not roll over. Additional Update Minutes are available for purchase.

You are solely responsible for providing your product descriptions, images, pricing and other product information, and for confirming this information before approving your web store for publication. Excluding the initial design and basic setup included in your plan, you are solely responsible for all other storefront content configuration, including configuration of tax collection methods, shipping methods, and payment methods.

Update Minutes

If your Website or Web Store requires more updates than what is included in your Design plan, additional time may be purchased separately (“Update Minutes”). Once we receive your request for updates and all necessary materials or content, we will complete the requested updates and re-publish your site without further review. 

  • Monthly Update Minutes: Additional Update Minutes may be purchased and used in thirty (30) minute increments. Unused time will not carry over to future updates. If your Service plan included Update Minutes, those minutes reset each month based on your billing cycle. If you purchase Update Minutes separately, those minutes expire 30 days from when you purchased the separate minutes.
  • Anytime Update Minutes: You may purchase a site with Anytime Update Minutes, which are in one (1) hour intervals, and may be used at any time up to 12 months from date of purchase.

3. YOUR OBLIGATIONS

Reasonable Requests.  You agree that all requests will be reasonable in nature and within the scope of the Services purchased.

Obligation to Maintain Subscription.  All Services, including any free products or services included in your plan, must be associated with a specific website or web store at the time of purchase and are not transferable to other accounts, websites or web stores thereafter. Provision of all Services, including any free products or services included in your plan, is dependent upon your active subscription to the Services. Failure to maintain your account in good standing will result in termination of any outstanding or pending Services, including any free products or services included in your plan, without refund or credit. Recurring billing for your Services plan will begin on the date of purchase.

Provision and Timing of Design Services.  After your initial purchase of a Website or Web Store Design plan, you will be required to (i) complete an interview form, and (ii) submit your content in the Design Manager. Upon approval of all of your content, we will begin building your Website or Web Store.

Submission of Content.  You are responsible for submitting all copy, images, and other content for your Design, unless customer approved content provided by the design team. All provided content should be copies and not the originals. You agree to respond to any request for content, feedback or approval within ten (10) business days.   All content must be submitted electronically and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. If you do not submit the content within ten (10) business days, your site will progress the site to build stage, but you will only be able to add additional content using their Update Minutes. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.

Automatic Publication.  Within ten (10) days of receiving notice that your Website or Web Store is ready for review, you must either (i) provide us with your revisions, or (ii) notify us that you have no revisions. If you fail to take either such action within ten (10) days, your Website or Web Store will be published on your behalf without further review. Any time after publication, you may elect to de-publish your site by changing DNS settings on your domain name.

Included Update Minutes.  It is your responsibility to initiate your included Update Minutes before their expiration through the Design Manager. Once we receive your request for maintenance and all necessary materials or content, we will complete the requested maintenance and re-publish your site without further review.

Completion of Service.  Publication of your Design is acknowledgement of your satisfaction with the Services provided to date and releases us from any obligation for further revisions or alterations at that time or until the next Update Minutes are initiated. You also acknowledge and agree that once your Design is published, you will not be entitled to any credits or refunds for any reason including, but not limited to, dissatisfaction with your Design.

Update Minutes Downgrade.  Your subscription may have included a Update Minutes plan. Once you have maintained your Services subscription for a full twelve (12) months, you may contact us to downgrade to a plan that does not include any minutes for Monthly Update Minutes. If you downgrade your plan, you may either (i) maintain your Design yourself using our control panel, or (ii) purchase Update Minutes. After downgrading, if you wish to return to a plan that includes monthly maintenance minutes, you will be required to commit to a plan no less than six (6) months in duration.

Our Right to Terminate Your Service.

You understand and agree that GoDaddy has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to terminate your Service if:

You fail to complete the interview form or submit content for your initial Design within six (6) months of purchasing your plan. If we have not commenced any work on your Design at the time of cancellation, you may be eligible for a partial refund of the fees associated with the remaining time left on your plan.

You fail to provide any other requested content, feedback or approval within thirty (30) days of our request. If we have commenced work on your Design (which means any commencement of the creative process), you may be eligible for a partial refund of the fees associated with the remaining time on your plan, but you will be charged for the work completed to date, plus a cancellation fee at the rates described in our refund policy.

4. LIMITATIONS

Reasonable Expectations.  We strive toward providing Services that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service.

Your Delay.  Our completion of the Services depends upon your timely feedback and approval in the Design Manager within your account. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely response, feedback or approval, including your failure to initiate the design process.

Limits on Content.  We reserve the right to refuse any direction to create a Design that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, or for any other reason that we, in our sole discretion, decide.

No Obligation to Back-Up.  We have the right, but not the obligation, to back up or archive your Design before delivery or in the event of cancellation.

Limitations on Design Services.  The following services are not included in any of the initial Design plans, but may be purchased separately as Updates: (i) any revisions beyond the revisions included in your applicable Design plan; (ii) photo manipulation services, such as cutting the image out from the background, adding shadows, cleaning up the image from dust and scratches, making images a uniform size, and adjusting levels/brightness to match. The following photo manipulation services are not available, even as Updates: Color correction or making a low-resolution image a higher resolution.

Integration with Hosting Platform.  Websites and Web Stores designed by us are built on and integrated with our hosting platform, and any attempt to migrate or otherwise transfer any such website or web store to another hosting provider is a violation of this Agreement.

No Endorsement. We do not endorse any of the Designs built using the Services, and expressly disclaim any and all liability or responsibility regarding the same.

Security of Account.  You are responsible for maintaining the security of your account. You are also solely responsible for the activity that occurs on your account, whether authorized by you or not. You must keep your account information and passwords secure. We expressly disclaim any responsibility or liability for any unauthorized use of or access to your account.

5. GENERAL RULES OF CONDUCT AND RESTRICTIONS

Websites.  In addition to Section 4 (General Rules of Conduct) contained in the Universal Terms of Service Agreement, you acknowledge and agree that you shall not use the Services in a manner, as determined by us in our sole and absolute discretion:

  To display or advertise pornographic, X-rated, sexually explicit, adult-themed, or otherwise tasteless materials, images, products or services (including, but not limited to, clothing, accessories, novelties and toys and/or massage, dating, escort or prostitution services); or

  That uses pornographic, X-rated, sexually explicit or adult-themed keywords or images in video names, descriptions or listings.

Web Stores.   You are responsible for ensuring that any product posted for sale in your Web Store is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited, and to ban the sale of any prohibited item(s) and/or cancel your Web Store Service.  Prohibited items include, but are not limited to, the following:

  Alcoholic beverages, tobacco, tobacco products, controlled substances, illegal drugs (including items used to manufacture controlled substances and illegal drugs), drug paraphernalia, prescription drugs, medical devices, miracle cure products;

  Firearms, ammunition, weapons, stolen goods or property, items that encourage, promote, facilitate or instruct others to engage in illegal activity;

  Offensive material, hazardous items or substances, items that contain hazardous substances, items not permitted for mailing per USPS Publication 52, living creatures, illegal wildlife products, pesticides, regulated plants and seeds;

  Gambling or items used for gambling, electronic surveillance equipment, unauthorized satellite broadcasts or signals, telephone services (including phone cards);

  Movies, promotional media, recopied media, resale software, resale video games, resale tickets, copied coupons, resale gift cards, membership clubs, rights of publicity, unauthorized celebrity images, unauthorized trademarked items or replicas of trademarked items, items that infringe upon an individual’s privacy;

  Domain names, real estate, credit or debit cards, Government IDs, licenses, uniforms, products that have been recalled by the Consumer Product Safety Commission.

6. OWNERSHIP OF CONTENT AND DESIGNS

By submitting content for your Design to us, you grant us an unrestricted license (i) to use the content for the purpose of creating your Design, and (ii) to display screenshots of your Design online, in marketing materials, or in any other manner we desire.

Except for the content provided by you, Designs created on your behalf by us belong to us, and all such Designs and copies are subject to copyright, trademark, patent, and other intellectual property laws of the United States and foreign countries. We grant you an unrestricted license to use the Design created for you so long as your Services subscription remains active and in good standing. Cancellation of your Services subscription terminates your license to use the Design created for you.

You agree to prevent any unauthorized copying of your Design. Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. We reserve all rights not expressly granted herein.

7. OTHER PRODUCTS AND SERVICES

The Services may include access to other of our products and services.

If your Design plan includes an Email account and/or SSL Certificate, it will be your responsibility to set up those services.

If your Design plan includes a Quick Shopping Cart, we will set up that product for you as part of our Service. Your electronic acceptance of this Agreement signifies that you have also read, understand, acknowledge and agree to be bound by the Quick Shopping Cart Agreement, which is incorporated herein by reference.

If your Design plan includes Search Engine Visibility and/or Site Analytics, you may make a request in the Design Manager for us to set up those services for you in conjunction with your Design. If you make that request, then your electronic acceptance of this Agreement signifies that you have also read, understand, acknowledge and agree to be bound by the Search Engine Visibility Service Agreement and the Site Analytics Service Agreement, both which are incorporated herein by reference. To facilitate the set up of these additional services, you will be required to fill out an electronic worksheet providing the necessary information, setup and details for configuration before we can complete the set up. Our set up and configuration of these services will use one month (one 30-minute block) of the Maintenance included with your Design plan. Once set up and configured, continued monitoring of the Search Engine Visibility and Site Analytics services will be your responsibility.

8. THIRD PARTY IMAGES AND SOFTWARE

Definitions and Scope.  As part of the Services, you may be allowed to use certain (i) photographs, illustrations, or other images (“Images”) and/or (ii) software, widgets, or other applications (“Software”) developed, owned, or licensed by third-party providers as we may contract with from time to time. If the Images/Software are accompanied by or require consent to a license agreement from the third-party provider, your use of the Images/Software is subject to the terms and conditions of such license agreement, which are in addition to (not in lieu of) the terms and conditions of this Agreement.

Terms and Conditions Applicable to all Images/Software. You acknowledge and agree that (i) the Images/Software have not been sold or distributed to you; (ii) you may use the Images/Software only as part of the Services; (iii) you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images/Software; and (iv) you may not modify, reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Images/Software.

Privacy.  We may provide your personal information to third-party providers as required to provide the third-party Images/Software. We reserve the right to modify, change, or discontinue use of the Images/Software at any time, and you agree to cooperate in performing any steps necessary in connection therewith.

Limitations.  We make no representations or warranties about any third-party Images/Software offered in connection with the Services, and expressly disclaims any liability or responsibility regarding the same.

Indemnification.  You acknowledge and agree that you will protect, defend, indemnify and hold harmless us from and against any and all claims imposed upon or incurred by us directly or indirectly arising from your use or misuse of any third-party Images/Software. You acknowledge and agree that the providers of the third-party Images/Software are third-party beneficiaries to this Agreement for purposes of enforcing only their rights under this Agreement.

Additional Terms and Conditions Applicable to Fotolia.  You acknowledge and agree to Fotolia’s Terms and Conditions of Use.

Additional Terms and Conditions Applicable to MapQuest.  You acknowledge and agree that you will not (i) record, save, archive, store, create a database of or otherwise copy in any manner any map or driving directions (or any portion thereof) other than as may be necessary to generate such map or driving directions to view and print them on a temporary basis; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose any map or driving directions to any third party; or (iii) cause, assist or with knowledge permit any third party to do any of the foregoing.

Additional Terms and Conditions Applicable to eBay.  You acknowledge and agree that you will comply with the eBay Developers Program & API License Agreement. You acknowledge and agree that eBay owns all rights in the Developers Program intellectual property as described in the Developers Program & API License Agreement.

9. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

10. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Revised: 4/13/15
Copyright © 2012-2015 All Rights Reserved.

Website Builder Service Agreement

KORE DOMAINS
WEBSITE BUILDER SERVICE AGREEMENT

Last Revised: April 22, 2015

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Website Builder Service Agreement (this “Agreement”) is entered into by and between Kore Domains, a NJ limited liability company (“Kore Domains”) and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the terms and conditions of your use of Kore Domains’s Website Builder services (“Website Builder” or the “Services”).

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with (i) Kore Domains’s Universal Terms of Service Agreement, and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Website Builder landing page of the Kore Domains website (this “Site”), both (i) and (ii) of which are incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to Kore Domains.  The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services.  Unless otherwise specifically provided in this Agreement, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

You acknowledge and agree that (i) Kore Domains, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised.  If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.  In addition, Kore Domains may occasionally notify you of changes or modifications to this Agreement by email.  It is therefore very important that you keep your shopper account (“Shopper Account”) information, including your email address, current.  Kore Domains assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

2. DESCRIPTION OF SERVICES

Website Builder is an online website builder, which allows you to build a website within the parameters specific to your plan. InstantPage is an online website builder, which allows you to build a one-page website.

Subject to the terms and conditions of this Agreement, we grant You a limited, revocable, non-exclusive, non-sublicensable license to use the Website Builder analytics (“Analytics”) solely as necessary for You to use the Analytics on Website Builder properties; and (b) You may access and view reports through Your GoDaddy account. The Analytics will allow you to track Your visitor’s IP address, time of visit, header information and location (“Data”).  You will comply with all applicable laws and regulations in Your use of and access to the Analytics Data and reports. GoDaddy and its wholly owned subsidiaries may retain and use, subject to the terms of its privacy policy, Data collected by the Analytics. You will not (and will not allow any third party to) use the Analytics to track, collect or upload any data that personally identifies an individual (such as a name, email address or billing information), or other data which can be reasonably linked to such information. You will have and abide by an appropriate Privacy Policy and will comply with all applicable laws, policies, and regulations relating to the collection of information from visitors. You must post a Privacy Policy and that Privacy Policy must provide notice of Your use of cookies that are used to collect Data. You must disclose the use of Analytics, and how it collects and processes Data.

3. FACELIFT SERVICES

The GoDaddy Facelift service (“Facelift”) performs a visual redesign for existing WSB v6 and WSB v7 customers.  Our third-party contractors work off of your published website, will take existing images and text, and redesign the site based on your design input.

Facelift typically takes 2-3 weeks (can take longer depending on complexity of the site) to perform the first version of the redesign.  After that, we send it to you for feedback, to make any changes, and then we swap it into your GoDaddy account once complete.  Length of time for the feedback rounds will depend on the complexity of the feedback.  Once complete, you have to log in to make any final edits. Then, you publish it when ready.

4. FACELIFT LIMITATIONS

Facelift works off of the published version of your website (built using GoDaddy’s Website Builder) at the time of your design form submission.  Because of that, we do NOT guarantee:

  1. that changes made on your site after the initial design form submission will be included in the redesign.
  2. that additional requirements sent after the initial design form can be accommodated.
  3. that additional content (e.g., text, images) can be incorporated into your redesign.
  4. that “Invisible” content (e.g., embedded third-party HTML/JS code, metatags for SEO) will be included.
  5. that SEO will be the same or better than the previously redesigned site.
  6. that Facelift will be completed any particular timeline. If you have certain deadline restrictions, Facelift is not the right service for you.
  7. that we can edit content or images to be used in the redesign that are on the customer’s existing published website.
  8. any phone support and designer consultation. We do offer email support and communication through web forms.

5. FACEBOOK PAGE DESIGNER

Website Builder and InstantPage include access to a Facebook page designer (the “Facebook Page Designer”).

The Facebook Page Designer allows you to create customized Facebook pages designed to complement your website.  The number of Facebook pages allowed varies depending on your Website Builder plan, and is in addition to the number of site pages included with your Website Builder plan.

In order to use the Facebook Page Designer, you will need to (i) set up a Facebook account (if you do not have one already) and (ii) activate a public page from within your Facebook account.  After you finish designing your Facebook pages, you will need to link the Facebook pages to your Facebook account in order for the Facebook pages to be navigable.  Please note that your Facebook pages will be built on the same hosting account (and accessible via the same control panel) as your website.  Accordingly, at least one page of your website must be published before your Facebook pages can be published.

6. LIMITATIONS 

TLDs.  You acknowledge and agree that your website will be subject to any and all content (or other) restrictions specific to the top level domain (“TLD”) with which it is associated.  If you have more than one Website Builder account, only the Website Builder account associated with the TLD in question will be affected by such limitations.

Coming Soon Pages.  Website Builder offers a “Coming Soon Page” option for customers who are not yet ready to build their website.  You acknowledge and agree that if you select the “Coming Soon Page” option, you will have a more limited selection of design and color combinations than those available in the Website Builder template library.

Obligation to Maintain Subscription.  Provision of Website Builder is dependent upon your active subscription to (and payment for) Website Builder.  Failure to maintain your subscription at any time will result in termination of Website Builder.  Recurring billing for your Website Builder plan will begin on the date of purchase.  Fees paid for Website Builder are not transferable to other Website Builder accounts (or other Kore Domains accounts) other than the account initially associated with Website Builder on the date of purchase.

Instant Publication.  InstantPage is designed to promote your website live on your domain name instantly.  You acknowledge and agree that you will not have the ability to preview either initial design selections or subsequent design changes to your website before they become live.  Accordingly, we encourage you to carefully review your (i) background, (ii) text, (iii) layouts, (iv) widgets, and (v) colors carefully at each step.

7. INTEGRATION WITH HOSTING PLATFORM; OWNERSHIP OF WEBSITES

The websites created using Website Builder or InstantPage are built on and integrated with Kore Domains’s hosting platform, and any attempt to migrate or otherwise transfer any such website to another hosting provider is a violation of this Agreement.

Except for the content provided by you, the websites created using Website Builder or InstantPage belong to Kore Domains, and all such websites (including all copies thereof) are subject to copyright, trademark, patent, and other intellectual property laws of the United States and foreign countries. Kore Domains grants you an unrestricted license in the website for the duration of your Website Builder subscription. Cancellation of your Website Builder subscription for any reason terminates your license to the website thereafter. You agree to prevent any unauthorized copying of the websites created using Website Builder or InstantPage.  Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement.  Kore Domains reserves all rights not expressly granted herein.

By uploading content for your website, you grant Kore Domains an unrestricted license (i) to use the content for the purpose of including in your website, and (ii) to display screenshots of any website created using Website Builder online, in marketing materials, or in other manners as determined by Kore Domains in its sole and absolute discretion.  In addition, you represent and warrant to Kore Domains that (a) you have all necessary rights to distribute such content, either because you are the author of the content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the content, and (b) you do not violate the rights of any third party.  As used herein, “content” shall include without limitation any text, software, widgets, applications, scripts, source code, API, photographs, illustrations, images, graphics, sounds, music, audio, video and interactive features (and the trademarks, service marks and logos contained therein).  You acknowledge and agree that content you upload into Website Builder may be immediately available.  Content provided may also be cached for up to one year and deleting content from Website Builder does not remove cached versions of the content.

8. OTHER KORE DOMAINS PRODUCTS AND SERVICES

Website Builder may include access to other Kore Domains products and services, such as Kore Domains’s (i) Email, (ii) Photo Album, and (iii) SSL products.

If you purchase Website Builder, your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the product-level agreements for any other Kore Domains products and services included with Website Builder, such as Kore Domains’s (i) Workspace Service Agreement, and (ii) SSL Certificate Service Subscriber Agreement located here, which are incorporated herein by reference.

The products and services included with Website Builder may be found on the Website Builder landing page.

PhotoAlbum Sevices.  Photo Album allows you to (i) upload, organize, edit, and download photos and (ii) upload and organize videos in public, private and password-protected galleries. You will also be able to share photos and videos by email or by posting the same to their blogs or websites. You acknowledge and agree that all photos, videos, other content uploaded or displayed on Photo Album must comply with the Universal Terms of Service.

Smart Space Services.  The SmartSpace service allows you to personalize a web site. You may customize or modify the appearance of Your website as provided and allowed by the instructions and this Agreement. You may not otherwise alter or modify the application, or any content provided. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. You are not authorized to combine the website with any other software program or applications, nor are You authorized to integrate any plug-in or enhancement other than those provided. The RSS feeds, chat application and API’s may not be modified, distributed or shared in any way. The RSS feeds, chat application and API’s are subject to termination at anytime.  You acknowledge and agree that your use of the SmartSpace service must comply with the terms of the Universal Terms of Service.

9. GENERAL RULES OF CONDUCT; FACEBOOK RESTRICTIONS

In addition to Section 4 (General Rules of Conduct) contained in the Universal Terms of Service Agreement, you specifically acknowledge and agree that:

  1. If you access the Facebook Page Designer, you shall not use it to launch a Facebook page that promotes, provides content referencing, facilitates, contains, or uses any of the following:
    • Alcohol-related content, or sale of tobacco products, ammunition and/or firearms;
    • Content that infringes upon the rights of any third party, including intellectual property rights, privacy, publicity, moral or other personal or proprietary rights, or that is deceptive or fraudulent;
    • Gambling, including without limitation, any online casino, sports books, bingo or poker;
    • Illegal activity and/or illegal contests, pyramid schemes, sweepstakes or chain letters (if you run, reference, or facilitate a legally permissible sweepstakes, contest, or other promotion you are subject to Facebook’s Promotions Guidelines located here); or
    • Content that is hateful, threatening, defamatory, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  2. If you access the Facebook Page Designer, you must ensure that you own or have secured all rights necessary to copy, display, distribute, deliver, render and publicly perform all content of or within your application to Facebook users in all countries where you make the content available.

10. THIRD-PARTY IMAGES AND SOFTWARE

Definitions and Scope.  As part of Website Builder and Instant Page, you may be allowed to use certain (i) photographs, illustrations, or other images (“Images”) and/or (ii) software, widgets, or other applications (“Software”) developed, owned, or licensed by third-party providers as Kore Domains may contract with from time to time.  If the Images/Software are accompanied by or require consent to a license agreement from the third-party provider, your use of the Images/Software is subject to the terms and conditions of such license agreement, which are in addition to (not in lieu of) the terms and conditions of this Agreement.

Terms and Conditions Applicable to all Images/Software.  You acknowledge and agree that (i) the Images/Software are neither sold nor distributed to you and you may use the Images/Software solely as part of Website Builder or InstantPage; (ii) you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images/Software; and (iii) you may not modify, reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Images/Software.

Kore Domains may provide your personal information to third-party providers as required to provide the third-party Images/Software, including, but not limited to, the domain name associated with the Website Builder or InstantPage page.  Kore Domains reserves the right to modify, change, or discontinue provision of the Images/Software at any time, and you agree to cooperate in performing any steps necessary in connection therewith.

Kore Domains makes no representations or warranties about any third-party Images/Software offered in connection with Website Builder or InstantPage, and expressly disclaims any liability or responsibility regarding the same.

You acknowledge and agree that you will protect, defend, indemnify and hold harmless Kore Domains from and against any and all claims imposed upon or incurred by Kore Domains directly or indirectly arising from your use or misuse of the third-party Images/Software.  You acknowledge and agree that the providers of the third-party Images/Software are third-party beneficiaries to this Agreement for purposes of enforcing their rights under this Agreement.

Additional Terms and Conditions Applicable to Fotolia.  You acknowledge and agree to Fotolia’s Terms and Conditions of Use located here, which are hereby incorporated by reference.

Additional Terms and Conditions Applicable to MapQuest.  You acknowledge and agree that you will not (i) record, save, archive, store, create a database of or otherwise copy in any manner any map and/or driving directions (or any portion thereof) other than as may be necessary to generate such map and/or driving directions to view and print them on a temporary basis; (ii) sublicense, lease, rent, assign, distribute, repackage, rebrand, or otherwise transfer or disclose any map and/or driving directions to any third party; or (iii) cause, assist or with knowledge permit any third party to do any of the foregoing.

Additional Terms and Conditions Applicable to eBay.  You acknowledge and agree that you will comply with the eBay Developers Program & API License Agreement located here, which are hereby incorporated by reference.  You acknowledge and agree that eBay owns all rights in the Developers Program intellectual property as described in the Developers Program & API License Agreement.

Additional Terms and Conditions Applicable to AddThis.  You acknowledge and agree that your use of AddThis is subject to the terms of service located here and the AddThis privacy policy located here, which are hereby incorporated by reference.

Additional Terms and Conditions Applicable to Google Maps.  You acknowledge and agree that your use of Google Maps is subject to the terms of service located here: http://www.google.com/intl/en_us/help/terms_maps.html, which are hereby incorporated by reference.

Additional Terms and Conditions Applicable to Get Found.  You acknowledge and agree that if you use the Get Found widget you are subject to the Get Found Terms of Service, located here,  which are hereby incorporated by reference.

11. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

12. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement.  In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Revised: 4/22/15
Copyright © 2003-2015 All Rights Reserved.

Workspace Service Agreement

KORE DOMAINS
WORKSPACE SERVICE AGREEMENT

Last Revised: May 9, 2014

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Workspace Service Agreement (this “Agreement”) is entered into by and between Kore Domains, a NJ limited liability company (“Kore Domains”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Kore Domains’s Email service (“Email”), Online Storage service (“Online Storage”), Fax Thru Email service (“Fax Thru Email”), and/or Online Calendar service (“Online Calendar”) (individually and cumulatively referred to as “Service” and “Services”), and represents the entire agreement between you and Kore Domains concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our Universal Terms of Service Agreement, which is incorporated herein by this reference, and any plan limits presented on the product landing pages, which are also incorporated herein by this reference.

The terms “we”, “us” or “our” shall refer to Kore Domains. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement and Service limitations as last revised. If you do not agree to be bound by this Agreement and the Service limitations as last revised, do not continue to use this Site or the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. DESCRIPTION OF SERVICES; PAID AND UNPAID

We offer a variety of Services in our Workspace suite of products, including Email, Online Storage, Fax Thru Email and Online Calendar. All of these Services are available for purchase as stand-alone products and some are occasionally included for free with the purchase of other products. Free Services may offer fewer features than the paid versions. Regardless of whether you pay for your use or receive the Services for free, your use of each of these Services is subject to both the general provisions of this Agreement and the provisions specific to whichever Service(s) you use.

3. LIMITATIONS; ACCOUNT TERMINATION

Workspace Desktop Tools.  In order to achieve enhanced functionality of Email and Online Calendar, and full functionality of Online Storage, when being accessed from web-based applications, you will need to download our Workspace Desktop Tools (“WDT”). WDT will not automatically be installed on your computer, and is provided for convenience only. We make no representations or warranties regarding WDT, and expressly disclaim any liability regarding the same. Additionally, we reserve the right to modify, change, or discontinue any aspect of WDT at any time.

Excessive Account Usage.  If your account usage for any Service exceeds your plan-specific limits, you must either (i) upgrade to a plan that sufficiently meets your account usage, or (ii) reduce your account usage so that it remains within your plan. Should you fail to take one of these two actions, we reserve the right to (a) charge additional usage fees to your account or (b) terminate your account. Account usage determinations shall be made by us using our sole and absolute discretion. Unless otherwise specified, unused monthly allotments will not accrue or carry over from month to month.

Data Retention.  The Services are not intended for archival purposes. You are solely responsible for maintaining independent back-up copies of your emails, files, distribution lists and other content. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, files, distribution lists or any other content.

Other Restrictions.  You acknowledge and agree that you will not use any of the Services to (i) send high-volume, mass or bulk emails, (ii) store audio or video files (or other large files or media not intended for emailing), (iii) back up a hosting account, or (iv) any other uses in violation of our policies, as may be updated from time to time.

We may block, suspend or terminate any Services if you or your account is in violation of this Agreement.

4. PROVISIONS SPECIFIC TO EMAIL SERVICES

Core Services.  Our Email service provides you with the ability to send and receive electronic mail via the Internet using a personal email address linked to your domain name. In order to use our Email service, you must (i) register a domain name, (ii) provide all equipment necessary to establish a connection to the Internet, and (iii) provide your own connection to the Internet.

Plan Limits.  You acknowledge and agree that Email is offered with different plan levels or limits. These plan limits are presented on the Email landing page and Hosted Exchange landing page of this Site and may relate to (i) the number of recipients allowed per email message, (ii) the number of email messages allowed per day, (iii) the size of each email message and/or attachment, (iv) the number of contacts allowed per shared address list, (v) the number of contacts allowed per distribution list, (vi) the number of email messages allowed per minute, (vii) the number of devices allowed per account, or (viii) such other items as we may specify.

Spam and Virus Protection.  Our Email includes spam and virus protection. All email sent to and from your email address will automatically be scanned to assist in preventing spam and/or viruses from being transmitted to and from your email program and computer system, and this feature cannot be disabled or configured by you. You acknowledge and agree that our spam and virus protection feature is not guaranteed to be one hundred percent (100%) effective or error-free and may delete email messages and/or attachments that you wish to send or receive, or allow the transmission of spam and/or viruses to and from your email program and computer system. You acknowledge and agree that we shall have no liability to you or any third party with respect to our spam and virus protection feature, your failure to send or receive any email messages and/or attachments as a result thereof, or the transmission of spam and/or viruses to and from your email program and computer system.

Hosted Exchange Email:  Hosted Exchange Email is an email productivity tool based on the Microsoft Exchange Server® platform that allows you to access and synchronize your email, contacts, calendars, and task management tools.

As part of the Hosted Exchange Email service, you may be allowed to use certain software or applications developed and owned by third-party providers (individually and collectively, the “Software”) that we may contract with from time to time. We reserve the right to modify, change, or discontinue the Software at any time and you agree to cooperate in performing such steps as may be necessary to install any updates to the Software. The Software is neither sold nor distributed to you and you may use the Software only as part of the Hosted Exchange Email service. You may not use the Software outside of the Hosted Exchange Email service. We may provide your personal information to third-party providers as required to provide the third-party Software.

You acknowledge and agree that your use of the Software is subject to our agreement(s) with the third-party providers. In addition, if the Software is accompanied by or requires consent to a service or license agreement from the third-party provider, your use of the Software is subject to such service or license agreement. You may not download, install, or use any Software that is accompanied by or requires consent to a service or license agreement from a third-party provider unless you first agree to the terms and conditions of such service or license agreement.

You may not remove, modify, or obscure any copyright, trademark or other proprietary rights notices that are contained in or on the Software. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law.  You may not use the Software in any application or situation where the Software failures could lead to death or serious bodily injury to any person, or to severe physical or environmental damage.

We and our third-party providers make no representations or warranties about any third-party Software offered in connection with the Services, and expressly disclaim any liability, damages, whether direct, indirect or consequential, or responsibility regarding the same.  We, and not our third party provider will provide technical support for the Software.

You acknowledge and agree that we will automatically add a SRV record to your DNS if your domain name is registered with Kore Domains.  You may remove the SRV record through the DNS control panel.  The SRV record may be removed when the last email address associated with the domain name is removed or when the domain name is transferred.

5. PROVISIONS SPECIFIC TO FAX THRU EMAIL

Core Services.  Fax Thru Email is an online fax service that allows you to send and receive faxes via the Internet, using a unique fax number, without the need for a telephone line. Incoming faxes are received directly in your email account and outgoing faxes are sent directly from your email account or by logging in to your Fax Thru Email account.

Plan Limits.  You acknowledge and agree that Fax Thru Email is offered with different plan levels or limits. These plan limits are presented on the Fax Thru Email landing page of this Site and may relate to (i) the number of recipients allowed per fax message, (ii) the number of fax messages allowed during a given time period, (iii) the size of each fax message, or (iv) such other items as we may specify.

Available Plans; Allotted Pages.  Fax Thru Email offers both standard plans (“Standard Plans”) and toll-free plans (“Toll-Free Plans”). Standard Plans base their billing model on the number of pages sent per month. Toll-Free Plans base their billing model on the number of pages sent per month and the number of pages received per month. After you choose your plan, we will assign you a fax number (“Assigned Number”) and credit that Assigned Number with the number of allotted inbound and/or outbound pages per month specific to your plan (“Allotted Pages”). Any Allotted Pages not used in the month allotted will expire without refund or credit.

Page Packs.  If you anticipate running out of Allotted Pages, you may purchase additional pages of varying quantities (“Page Packs”) and apply them to your Assigned Number. You may purchase multiple Page Packs for a single Assigned Number, but Page Packs may only be associated with a single Assigned Number. Page Packs are good for one (1) year from the date of purchase. Pages purchased as part of a Page Pack and not used within one (1) year from the date of purchase will expire without refund or credit. Should you exceed your Allotted Pages and/or Page Packs, you acknowledge and agree that you may not be able to (i) send any fax messages if you are enrolled in a Standard Plan, or (ii) send or receive any fax messages if you are enrolled in a Toll-Free Plan.

Definition of Fax Page.  The number of pages sent and/or received per month is calculated in accordance with a formula that averages the pages used. You acknowledge and agree that our formula is not a representation of actual pages used, and that our formula is a fair and practical manner for calculating the pages used by your Assigned Number.

No Ownership of Assigned Number.  You acknowledge and agree that you are not the owner of the Assigned Number, and ownership of the Assigned Number is vested solely in us and the third-party telecommunication providers we may contract with from time to time. You acknowledge and agree that this Agreement, and your use of the Assigned Number provided hereunder, is subject to such third-party telecommunication agreements.

No Transfer or Porting of Assigned Number.  You acknowledge and agree that you are expressly prohibited from causing or attempting to cause the Assigned Number to be transferred or “ported” to any other service provider, telephone carrier, or other person or entity.

Re-Assignment of Assigned Number.  You acknowledge and agree that following the expiration or other termination of your Fax Thru Email account for any reason, such Assigned Number may immediately be re-assigned to another customer, and we expressly disclaim any liability or responsibility regarding the same. Accordingly, you hereby waive any claims with respect to any such re-assignment, whether based on warranty, contract, tort, or any other legal or equitable theory.

Change of Assigned Number.  You acknowledge and agree that we may need to change the Assigned Number from time to time due to an area code split or any other reason, which may or may not be within our control, and we expressly disclaim any liability or responsibility regarding the same. Accordingly, you hereby waive any claims with respect to any such change, whether based on warranty, contract, tort, or any other legal or equitable theory.

No Junk Faxes.  By using Fax Thru Email, you acknowledge and agree to not use the Service for spam, and you agree to comply with the provisions of the Telephone Consumer Protection Act of 1991, the CAN-SPAM Act of 2003, the Junk Fax Prevention Act of 2005, and all other legislation applicable to faxes.

6. PROVISIONS SPECIFIC TO ONLINE STORAGE

Core Services.  Online Storage is an online file storage system that allows you to store and share files via the Internet without having to (i) use internal or external hard drives or (ii) email large files. In addition, Online Storage allows you to access your files from any device with Internet access (e.g., work computer, home computer, mobile device, etc.).

Plan Limits.  You acknowledge and agree that Online Storage is offered with different plan levels or limits. These plan limits are presented on the Online Storage landing page of this Site and may relate to (i) the amount of storage space purchased, and (ii) the number of files that can be stored and shared. In addition to the limits set forth on the landing page, you are limited to 50,000 folders and you may not store more than 100,000 files within a single directory or folder.  In the event you exceed these limits, we may suspend your account until you are in compliance with the limits.

Trial Account.  From time to time, at our discretion, we may offer free trials of Online Storage (“Trial Account”) for the purpose of allowing you to sample the Service before committing to paying a fee. You agree that you are limited to one (1) thirty (30)-day trial account.  Upon its expiration, you will not have access to your Trial Account. To continue using Online Storage, you must convert to a paid account before your Trial Account expires or within fourteen (14) days after expiration, after which time we reserve the right to delete your Trial Account and any customer data associated with such account without notice. We expressly disclaim any liability or responsibility for any loss or damage arising from or related to our deletion of your account information and customer data. We reserve the right to discontinue Trial Accounts at any time and without notice.

No High-Traffic Website Content.  While Online Storage provides you with the ability to share files via public links, it is not designed for the purpose of hosting high-traffic website content. You acknowledge and agree that you will not use Online Storage (i) to host high-traffic website content (as determined by us in our sole and absolute discretion), or (ii) for any other uses in violation of our policies, as may be updated from time to time.

Security.  We remind you that password protected files and file folders are only as secure as you keep them. While Online Storage offers the ability to designate files and file folders shared publicly as password protected (i.e., viewable only by those with whom you share a password), it is your responsibility to encrypt or password protect the links to those files and folders. If you fail to do so, it may be possible to access those password protected files and folders through public links. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your account passwords.  We expressly disclaim any liability or responsibility for any unauthorized use of or access to your account or files or file folders.

7. PROVISIONS SPECIFIC TO ONLINE CALENDAR

Core Services.  Online Calendar provides you with calendar services suitable for both single and multiple users, and home and work environments. Online Calendar generally allows you to (i) create and maintain personal and group calendars, (ii) schedule events, and invite others to events, (iii) check user availability, (iv) schedule shared resources, such as conference rooms and teleconference lines, (v) attach files to scheduled events, and (vi) manage and share tasks.

Plan Limits.  You acknowledge and agree that Online Calendar is offered with different plan levels or limits. These plan limits are presented on the Online Calendar landing page and may relate to the number of users.

CalDAV Protocol.  Please note that Online Calendar is available via the CalDAV protocol. Accordingly, if the CalDAV protocol is not native to your Third-Party Client, you will need to install an application that supports CalDAV to use this feature. If such an application is not available for your Third-Party Client, you will not be able to synchronize Online Calendar across platforms.

8. THIRD-PARTY CLIENTS AND SOFTWARE

Our Services may be compatible with third-party computer clients, such as Microsoft Outlook® and FileZilla, and third-party clients on mobile operating systems, such as iPhone®, BlackBerry®, and Droid® (individually and collectively, “Third-Party Client”).

If you elect to access the Services via a Third-Party Client, and such access is accompanied by or requires consent to a service or license agreement from such Third-Party Client, your use of the third-party software is subject to such service or license agreement. You may not download, install, or use any third-party software that is accompanied by or requires consent to a service or license agreement from a Third-Party Client unless you first agree to the terms and conditions of such service or license agreement. We make no representations or warranties about any third-party software, and expressly disclaims any liability or responsibility regarding the same.

9. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

10. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Revised: 5/9/14
Copyright © 2012-2014 All Rights Reserved.

Policies

Privacy Policy

KORE DOMAINS
PRIVACY POLICY

Last Revised: March 10, 2015

KORE DOMAINS RESPECTS YOUR PRIVACY

This Privacy Policy describes how we collect and use the personally identifiable information you provide on our Site.  It also describes the choices available to you regarding our use of your personally identifiable information and how you can access and update that information.

Other than as described in this Policy, we will not give any information about you to others without your express permission. 

Information Collection and Use 

Our Site uses forms in which you give us contact information (including your name, address, telephone number, and email address) so you can place orders, request information and support, and make product suggestions. For certain services, we may also request a credit card number, government identification number, or other financial information. We will then create an account number for you.

We receive and store any information you enter on our Site or give us in any other way, including through email, telephone, or other communications with our customer service department. If you contact us for support, we will keep an internal record of what support was given.

We use your information to contact you regarding functionality changes to our products, our Site, new Kore Domains services, and special offers we think you’ll find valuable. If you would rather not receive this information, please see the “Updating Your Information” section below on how to change your preferences.

We may also use your information to present a co-branded offer with our partners or affiliates. If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy statement applies.

We use information gathered about you from our Site statistics (for example, your IP address) to help diagnose problems with our server, and to administer our Site. We also gather broad demographic information from this data to help us improve our Site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.

Our Site uses cookies to keep track of your shopping cart and receipts. We use cookies to identify you so you don’t need to log in each time you visit our Site. The cookies are linked to your customer number, which is associated with the information in your account.

This Site also contains links to other websites. Unfortunately, Kore Domains is not responsible for the privacy practices or the content of such sites.

Security 

This Site has security measures in place to protect against the loss, misuse or alteration of the information under our control.  When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it.  No method of transmission over the Internet, or method of electronic storage, is 100% secure, however.  Therefore, we cannot guarantee its absolute security.

Sending Emails 

We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. We also provide email links, as on our “About Us” page, to allow you to contact us directly. We strive to promptly reply to your messages.

The information you send to us may be stored and used to improve this Site and our products, or it may be reviewed and discarded.

Third Party Service Providers 

We may at times provide information about you to third parties to provide various services on our behalf, such as processing credit card payments, serving advertisements, conducting contests or surveys, performing analyses of our products or customer demographics, shipping of goods or services, and customer relationship management. We will only share information about you that is necessary for the third party to provide the requested service. These companies are prohibited from retaining, sharing, storing or using your personally identifiable information for any secondary purposes.

We may also use a tool called TruEffect to place a cookie on our behalf.  This cookie collects anonymous data that helps us conduct targeted advertising and improve the performance of our advertising on other websites.  To opt-out of our use of TruEffect, click here.

In the event that we use third party advertising companies to serve ads on our behalf, these companies may employ cookies and action tags (also known as single pixel GIF or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. If you would like more information about this practice and your choices, click here. 

Google Analytics

We use a tool called “Google Analytics” to collect information about use of this Site, such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to this Site.  Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information.

Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site.  This cookie cannot be used by anyone but Google, Inc.  The information generated by the cookie will be transmitted to and stored by Google on servers in the United States.

We use the information received from Google Analytics only to improve services on this Site.  We do not combine the information collected through the use of Google Analytics with personally identifiable information.

Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Privacy Policy.  You can prevent Google Analytics from recognizing you on return visits to this Site by disabling the Google Analytics cookie on your browser.

For Website Builder Users Only

Website Builder incorporates the Google Places API.  Google’s ability to use and share information collected by the Google Places API is governed by the Google Privacy Policy.

Supplementation of Information 

In order to provide certain services to you, we may on occasion supplement the personally identifiable information you submit to us with information from third party sources (e.g., information from our strategic partners, service providers, or the United States Postal Service).  We do this to enhance our ability to serve you, to tailor our products and services to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you.

Contests/Surveys 

From time-to-time, we may provide you with the opportunity to participate in contests or surveys. If you choose to participate, we may request certain personally identifiable information from you. Participation in these contests or surveys is completely voluntary and you therefore have a choice whether or not to disclose the requested information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code and age level – note that you must be 18 or above to enter). We use this information to notify contest winners and award prizes, to monitor site traffic, and to personalize our Site.

We may use a third party service provider to conduct these surveys or contests. When we do, that company will be prohibited from using our users’ personally identifiable information for any other purpose. We will not share the personally identifiable information you provide through a contest or survey with other third parties unless we give you prior notice and choice.

Targeted Advertisements

Kore Domains may display targeted offers to our customers based on the products currently owned by the customer.  These offers will display as varying product banners.  There is no personal or geolocation information collected within these product banners to build a profile about your activities or that is shared with third party advertising companies.

Tell-A-Friend 

If a user elects to use our referral service to inform a friend about our Site, we ask the user for the friend’s name and email address. Kore Domains will automatically send the friend a one-time email inviting them to visit our Site. Kore Domains stores this information for the sole purpose of sending this one-time email. The friend may contact Kore Domains at to request the removal of this information from our database.

What Happens to my Personally Identifiable Information if I Terminate my Kore Domains Account? 

When your Kore Domains account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in “deactivated” status on our relevant Kore Domains databases. However, deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information as necessary in order to comply with our legal obligations, resolve disputes, or enforce our agreements.

Updating Your Information 

You may alter, update or deactivate your account information or opt out of receiving communications from us and our partners at any time. We have the following options for changing and modifying your account information or contact preferences.

  1. You may visit your online Account
  2. You may send mail to Kore Domains at the following postal address:
    14455 North Hayden Road, Suite 219, Scottsdale, AZ. 85260 USA

Compliance with Laws and Law Enforcement 

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN’s rules, regulations and policies.

To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.

Changes in Our Practices

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

If we make material changes to this Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.

Contacting Our Site 

If you have any questions about our Privacy Policy, the practices of this Site, or your dealings with this Site, please contact us at:

Kore Domains
ATTN: Web Team
14455 North Hayden Rd.
Suite 219
Scottsdale, AZ, 85260, U.S.A.

Revised: 3/10/15
Copyright © 2000-2015 All Rights Reserved.

Subpoena Policy/Attorney Tips

KORE DOMAINS
SUBPOENA POLICY/ATTORNEY TIPS

Last Revised: October 29, 2013

KORE DOMAINS SUBPOENA POLICY/ATTORNEY TIPS

Kore Domains’s Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on Kore Domains or one of its affiliates. Kore Domains is a reseller for Wild West Domains, LLC (“Wild West”). The products and services offered by Kore Domains may not all originate from Wild West. Wild West is unable to provide information regarding customer use of non-Wild West products and services.

If you seek the identity or account information of a Kore Domains customer in connection with a civil legal matter, you must fax, mail, or serve Wild West with a valid subpoena.

Submission of Subpoenas 

Wild West is headquartered in Scottsdale, Arizona and all civil subpoenas should be served at that location or mailed to:

Compliance Department
Wild West
14455 N. Hayden Road
Suite 219
Scottsdale, Arizona
85260

Alternatively, the civil subpoena can be faxed to:

(480) 624-2546
Attn: Compliance Department

Notice to Customer and Response Time 

Upon the receipt of a valid civil subpoena, Wild West will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, Wild West will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. Wild West reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with Wild West.

Fees for Subpoena Compliance 

Wild West will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Wild West invoice. Checks should be made out to Wild West.

Wild West’s subpoena compliance costs are as follows:

  • Research – $75.00/hour
  • Federal Express – Cost as Billed
  • Copies – $.25/page

Policies Regarding E-mail 

Wild West will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Wild West’s e-mail servers do not retain deleted or sent e-mail.

Wild West reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Wild West e-mail address is related to the pending litigation and the underlying subpoena.

Revised: 10/29/13
Copyright © 2005-2013 All Rights Reserved.

Dispute On Transfer Away Form

If you were the registrant of a domain name that you feel was transferred away from Kore Domains without your authorization, please provide all the requested information HERE.

If you are disputing the transfer of a domain name from another registrar to Kore Domains, please contact the losing registrar for assistance.

Uniform Domain Name Dispute Resolution Policy

KORE DOMAINS
UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY

Last Revised: February 16, 2012

(As Approved by ICANN on October 24, 1999)

1. PURPOSE

This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at dispute policy, and the selected administrative-dispute-resolution service provider’s supplemental rules.

2. YOUR REPRESENTATIONS

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.

3. CANCELLATIONS, TRANSFERS, AND CHANGES

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

  1. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
  2. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
  3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

4. MANDATORY ADMINISTRATIVE PROCEEDING

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed here (each, a “Provider”).

    1. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that
      1. your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
      2. you have no rights or legitimate interests in respect of the domain name; and
      3. your domain name has been registered and is being used in bad faith.

      In the administrative proceeding, the complainant must prove that each of these three elements are present.

    2. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
      1. circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
      2. you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
      3. you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
      4. by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
    3. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
      1. before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
      2. you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
      3. you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
    4. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
    5. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
    6. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
    7. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
    8. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
    9. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
    10. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
    11. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

5. ALL OTHER DISPUTES AND LITIGATION

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

6. OUR INVOLVEMENT IN DISPUTES

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

7. MAINTAINING THE STATUS QUO

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

8. TRANSFERS DURING A DISPUTE

Transfers of a Domain Name to a New Holder 

You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

Changing Registrars 

You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

9. POLICY MODIFICATIONS

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at this location at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

Revised: 2/16/12
Copyright © 2003-2012 All Rights Reserved.

ICANN Registrar Transfer Dispute Resolution Policy

Taken From – https://www.icann.org/resources/pages/tdrp-2012-02-25-en

In any dispute relating to Inter-Registrar domain name transfers, Registrars are encouraged to first of all attempt to resolve the problem among the Registrars involved in the dispute. In cases where this is unsuccessful and where a registrar elects to file a dispute, the following procedures apply. It is very important for Registrars to familiarize themselves with the Transfer Dispute Resolution Policy (TDRP) as described in this document before filing a dispute. Transfer dispute resolution fees can be substantial. It is critical that Registrars fully understand the fees that must be paid, which party is responsible for paying those fees and when and how those fees must be paid.

The TDRP and corresponding procedures will apply to all domain names for which transfer requests are submitted on or after the effective date of this policy.

1. Definitions

1.1 Dispute Resolution Panel

The Dispute Resolution Panel shall mean an administrative panel appointed by a Dispute Resolution Provider (“Provider”) to decide a Request for Enforcement concerning a dispute under this Dispute Resolution Policy.

1.2 Dispute Resolution Provider

1.3 The Dispute Resolution Provider must be an independent and neutral third party that is neither associated nor affiliated with either Registrar involved in the dispute or the Registry Operator under which the disputed domain name is registered. ICANN shall have the authority to accredit one or more independent and neutral Dispute Resolution Providers according to criteria developed in accordance with this Dispute Resolution Policy.

1.4 FOA

Form of Authorization – The standardized form of consent that the Gaining Registrar and Registrar of Record are required to use to obtain authorization from the Registrant or Administrative Contact in order to properly process the transfer of domain name sponsorship from one Registrar to another.

1.5 Gaining Registrar

The Registrar that submitted to the Registry the request for the transfer of a domain sponsorship from the Registrar of Record.

1.6 Registrar of Record

The Registrar of Record for a domain name for which the Registry received a transfer of sponsorship request.

1.7 Registrant

The Registrant is the individual or organization that registers a specific domain name. This individual or organization holds the right to use that specific domain name for a specified period of time, provided certain conditions are met and the registration fees are paid. This person or organization is the “legal entity” bound by the terms of the relevant service agreement with the Registry operator for the TLD in question.

1.8 Registry (Registry Operator)

The organization authorized by ICANN to provide registration services for a given TLD to ICANN-accredited Registrars.

1.9 Supplemental Rules

The Supplemental Rules shall mean those rules adopted by the Registry Operator, in the case of First Level disputes (as set forth below), or the Provider administering a proceeding (in the case of all other disputes) to supplement this Policy. Supplemental Rules shall be consistent with this Dispute Resolution Policy and shall cover topics such as fees, word and page limits and guidelines, the means for communicating with the Provider, and the form of cover sheets.

1.10 Transfer Policy

The Policy on Transfer of Sponsorship of Registrations between Registrars which is in force as part of the Registry-Registrar Agreement executed between a Registrar and the Registry, as well as the Registrar Accreditation Agreement which is executed between ICANN and all ICANN– accredited registrars.

2. Dispute Resolution Process

There are two possible steps to the Registrar Transfer Dispute Resolution Process. A Registrar may elect one or both of the steps pursuant to the rules below. In the event a Registrar either files a Request for Enforcement (as described below) with a Second-Level Dispute Provider, or files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Level Registry option later for the same filing or matter presented for resolution.

2.1 First Level – Registry Operator

A Registrar may choose to file a dispute directly with the relevant Registry Operator. Any decisions made by the Registry Operator may be appealed to a Dispute Resolution Provider. A Registrar may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Registrar would forfeit any right to appeal the decision of the Dispute Resolution Provider.

2.2 Second-Level – Dispute Resolution Panel

The primary intent of this step is to provide a means for registrars to appeal decisions made by the Registry at the first level of the dispute resolution process, but it may also be used as the first step if a registrar so elects. The decision of the Dispute Resolution Panel is final, except as it may be appealed to a court of competent jurisdiction.

2.3 Statute of Limitations

A dispute must be filed no later than six (6) months after the alleged violation of the Transfer Policy. In the case where a Registrar of Record alleges that a transfer was in violation of this Policy, the date the transfer was completed shall be deemed the date in which the “alleged violation” took place. In the case where a Gaining Registrar alleges that a transfer should have taken place, the date in which the NACK (as defined below) was received by the Registry, shall be deemed the date in which the “alleged violation” took place.

3. Dispute Procedures at the First Level (Registry)

3.1 Registrar files a Request for Enforcement with the applicable Registry Operator

3.1.1 Either the Gaining or Registrar of Record (“Filing Registrar”) may submit a Request for Enforcement. This must be done in accordance with the Supplemental Rules adopted by the applicable Registry Operator.

3.1.2 The Request for Enforcement shall be submitted to the Registry and to the Respondent (the Non-filing Registrar) in electronic form and shall:

(i) Request that the Request for Enforcement be submitted for decision in accordance with the Registrar Transfer and Dispute Resolution Policy and the applicable Supplemental Rules;

(ii) Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Filing Registrar and those representatives authorized by the Filing Registrar to act on behalf of the Filing Registrar in the administrative proceeding;

(iii) Provide the name of the Respondent and all information (including any postal and e-mail addresses and telephone and fax numbers) known to Filing Registrar regarding how to contact Respondent or any representative of Respondent, including contact information based on pre-complaint dealings;

(iv) Specify the domain name(s) that is/are the subject of the Request for Enforcement;

(v) Specify the incident(s) that gave rise to the dispute;

(vi) Describe, in accordance with the Policy, the grounds on which the Request for Enforcement is based;

(vii) State the specific remedy being sought (either approval or denial of the transfer);

(viii) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;

(ix) Certify that a copy of the Request for Enforcement, together with the cover sheet as prescribed by the Provider’s Supplemental Rules, has been sent or transmitted to the Respondent; and

(x) Conclude with the following statement followed by the signature of the Complainant or its authorized representative:

“<insert name of Filing Registrar> agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute’s resolution shall be solely against the Respondent and waives all such claims and remedies against the Registry Operator as well as its directors, officers, employees, and agents, except in the case of deliberate wrongdoing or gross negligence.”

“<insert name of Filing Registrar> certifies that the information contained in this Request for Enforcement is to the best of Filing Registrar’s knowledge complete and accurate, that this Request for Enforcement is not being presented for any improper purpose, such as to harass, and that the assertions in this Request for Enforcement are warranted under this Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.”

3.1.3 The Request for Enforcement may relate to more than one domain name, provided that the domain names involve the same Filing Registrar and Respondent and that the claims arise out of the same or similar factual circumstances.

3.1.4 The Request for Enforcement shall annex the following documentary evidence (as applicable and available) in electronic form if possible, together with a schedule indexing such evidence:

(i) For the Gaining Registrar:

a. Completed Form of Authorization (“FOA“)

b. Copy of the Whois output for the date transfer was initiated, which was used to identify the authorized Transfer Contacts

c. Copy of evidence of identity used

d. Copy of a bilateral agreement, final determination of a dispute resolution body or court order in cases when the Registrant of Record is being changed simultaneously with a Registrar Transfer

e. Copies of all communications made to the Registrar of Record with regard to the applicable transfer request along with any responses from the Registrar of Record

(ii) For the Registrar of Record:

a. Completed FOA from Registrar of Record if applicable

b. Copy of the Whois output for the date the transfer was initiated

c. Relevant history of Whois modifications made to the applicable registration

d. Evidence of one of the following if a transfer was denied:

  • fraud;
  • UDRP action;
  • court order;
  • Registrant or administrative contact identity dispute in accordance with Section 4 [Registrar of Record Requirements]
  • applicable payment dispute along with evidence that the registration was put on HOLD status;
  • express written objection from the Registered Name Holder or Administrative Contact;
  • LOCK status along with proof of a reasonable means for the registrant to remove LOCK status as per Section __of Exhibit __ to this Agreement;
  • domain name within 60 days of initial registration; or
  • • domain name within 60 days of a prior transfer.

e. Copies of all communications made to the Gaining Registrar with regard to the applicable transfer request along with any responses from the Gaining Registrar.

3.2 The Non-Filing Registrar (“Respondent”) shall have seven (7) calendar days from receipt of the Request for Enforcement to prepare a Response to the Request for Enforcement (“Response”).

3.2.1 The Response shall be submitted in electronic form to both the Registry and Filing Registrar and shall:

(i) Respond specifically to the statements and allegations contained in the Request for Enforcement (This portion of the response shall comply with any word or page limit set forth in the Dispute Resolution Provider’s Supplemental Rules.);

(ii) Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Respondent (non-filing Registrar);

(iii) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the Request for Enforcement;

(iv) State that a copy of the Response has been sent or transmitted to the Filing Registrar;

(v) Conclude with the following statement followed by the signature of the Respondent or its authorized representative:

“Respondent certifies that the information contained in this Response is to the best of Respondent’s knowledge complete and accurate, that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.”; and

(vi) Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.

3.2.2 At the request of the Respondent, the Registry Operator may, in exceptional cases, extend the period of time for the filing of the response, but in no case may the extension be more than an additional five (5) calendar days. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Registry Operator.

3.2.3 If a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operator shall decide the dispute based upon the Request for Enforcement.

3.3 Registry Operator must review all applicable documentation and compare registrant/contact data with that contained within the authoritative Whois database and reach a conclusion not later than 14 days after receipt of the Response.

3.3.1 If the data included in the Request for Enforcement does not match the data listed in the authoritative Whois, the Registry Operator must contact each Registrar and require additional documentation.

3.3.2 If the Gaining Registrar cannot provide a complete FOA with data matching that contained within the authoritative Whois database, then the Registry Operator shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrar of Record’s Whois is not accessible or invalid, the Registry Operator’s Whois should be used. In the case of a thin Registry, if the Registrar of Record’s Whois is not accessible or is invalid, the Registry Operator must notify ICANN and place the dispute on hold until such time as the specific problem is resolved by ICANN.

3.3.3 In the case where a Registrar of Record denies a request for a domain name transfer (“NACKs”), the Registrar of Record must provide evidence of one of the factors for which it is allowed to NACK. If the Registrar of Record cannot provide evidence that demonstrates any of the factors, and the Gaining Registrar provides to the Registry a complete FOA with data matching that contained within the authoritative Whois database, then the transfer must be approved to be processed.

3.3.4 If the data provided by neither Registrar appears to be conclusive, then the Registry shall issue a finding of “no decision.” If the data provided to the Registry is complete and provides sufficient basis for a determination based on the Policy, the Registry may not issue a finding of “no decision.” Either Registrar shall be able to appeal such issue to a Second-Level Dispute Resolution Provider in accordance with the provisions set forth below.

3.4 Fees for First-Level Dispute Resolution Service

3.4.1 There is no filing fee assessed to the Filing Registrar at the time the Request for Enforcement is submitted to the Registry Operator.

3.4.2 The Registrar that does not prevail in the dispute will be assessed a fee to be set by the Registry Operator. Such fee shall be set forth in the Registry’s Supplemental Rules that are in effect at the time that the Request for Enforcement was filed.

3.4.3 This fee shall not be passed on to the Registrant.

3.4.4 This fee will be charged after a final decision is rendered by the Registry. In the case that the Registry issues a finding of “no decision,” the Registry Operator shall collect the applicable fees from the Filing Registrar.

3.5 Availability of Court Proceedings

The procedures set forth above shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such an administrative proceeding is commenced or after such proceeding is concluded. If a Registry Operator decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), the Registry will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry Operator within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operator that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operator that the lawsuit has been dismissed or withdrawn; or (iii) the Registry Operator receives a copy of an order from such court.

4. Dispute Procedures at the Second Level with a Dispute Resolution Provider

4.1 The services of the Dispute Resolution Panel may be invoked in any of the following two situations:

(i) A Filing Registrar may elect to skip the First-Level dispute process at Registry level and submit a Request for Enforcement directly with a Dispute Resolution Provider;

(ii) The non-prevailing Registrar in a First-Level dispute proceeding may submit an appeal of the applicable Registry Operator’s decision to the Dispute Resolution Provider. Additionally, in the case where the result in the First-Level dispute process is a “no-decision,” either Registrar may file an Appeal of such decision to a Dispute Resolution Provider.

4.2 Initial Request for Enforcement

4.2.1 In the event that the Filing Registrar elects to submit a Request for Enforcement to the Dispute Resolution Provider in lieu of submitting a Request for Enforcement to the applicable Registry Operator, the obligations and responsibilities set forth in Sections 3.1 through 3.2 above shall apply.

4.2.2 The Dispute Resolution Panel appointed by the Dispute Resolution Provider must review all applicable documentation and compare registrant/contact data with that contained within the authoritative Whois database and reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.

(i) If the data does not match the data listed in authoritative Whois, the Dispute Resolution Panel should contact each Registrar and require additional documentation.

(ii) If the Gaining Registrar is unable to provide a complete FOA with data matching that contained within the authoritative Whois database at the time of the transfer request, then the Dispute Resolution Panel shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrar of Record’s Whois is not accessible or invalid, the applicable Registry Operator’s Whois should be used. In the case of a thin Registry, if the Registrar of Record’s Whois is not accessible or is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.

(iii) In the case where a Registrar of Record NACKs a transfer, the Registrar of Record must provide evidence of one of the factors for which it is allowed to NACK as set forth in Section 3.1.4 (ii) of this Dispute Resolution Policy. If the Registrar of Record cannot provide evidence that demonstrates any of the factors, and the Gaining Registrar provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authoritative Whois database at the time of the transfer request, then the transfer should be approved.

(iv) Unlike under the First-Level dispute process, the Dispute Resolution Panel may not issue a finding of “no decision.” It must weigh the applicable evidence in light of the Transfer policies and determine, based on a preponderance of the evidence, which Registrar should prevail in the dispute and what resolution to the Request for Enforcement will appropriately redress the issues set forth in the Request for Enforcement.

(v) Resolution options for the Dispute Resolution Panel are limited to the following:

a. Approve Transfer

b. Deny the Transfer (or ordering the domain name be returned to the Registrar of Record in cases where a Transfer has already occurred)

4.3 Appeal of First Level Dispute Decision or Registry Operator Finding of “No-Decision.”

4.3.1 In the event that the Registrar which does not prevail in the First-Level dispute is dissatisfied by the Registry-Operator’s decision, such Registrar may file an appeal with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Level decision was issued.

4.3.2 In the event that the Registry Operator issues a finding of “no-decision” in accordance with Section 3.3.4 above, either Registrar may file an appeal of such decision with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Level decision was issued.

4.3.3 In either case, the document submitted by the Registrar to the Dispute Resolution Provider shall be referred to as an “Appeal.”

4.3.4 The Appellant shall submit the Appeal in electronic form and shall:

(i) Request that the Appeal be submitted for decision in accordance with the Policy and these Rules;

(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Appellant and of any representative authorized by the Appellant to act on behalf of the Appellant in the administrative proceeding;

(iii) Provide the name of the Appellee and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to Appellee regarding how to contact Appellee or any representative of Appellee, including contact information based on pre-Request for Enforcement and pre-Appeal dealings;

(iv) Specify the domain name(s) that is/are the subject of the Appeal;

(v) Specify the incident(s) which gave rise to the dispute;

(vi) State the basis for such appeal, including specific responses to the findings of the Registry Operator in the First-Level Dispute process. (This portion of the response shall comply with any word or page limit set forth in the Dispute Resolution Provider’s Supplemental Rules);

(vii) Specify, in accordance with the Policy, the remedies sought;

(viii) Identify any other related legal proceedings known to the Appellant that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;

(ix) State that a copy of the Appeal, together with the cover sheet as prescribed by the Dispute Resolution Provider’s Supplemental Rules, has been sent or transmitted to the Appellee; and

(x) Conclude with the following statement followed by the signature of the Appellant or its authorized representative:

“Appellant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute’s resolution shall be solely against the Appellee and waives all such claims and remedies against the Dispute Resolution Provider and the Registry Operator as well as their directors, officers, employees, and agents, except in the case of deliberate wrongdoing or gross negligence.”

“Appellant certifies that the information contained in this Appeal is to the best of Appellant’s knowledge complete and accurate, that this Appeal is not being presented for any improper purpose, such as to harass, and that the assertions in this Appeal are warranted under this Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.”

4.3.5 The Appeal may relate to more than one domain name, provided that the domain names involve the same decision issued by the Registry Operator for the First-Level Dispute.

4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operator during the First-Level Dispute.

4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-Level Dispute from the applicable Registry Operator no later than seven (7) calendar days of receipt of the appeal. The Registry Operator shall submit such documentation to the Dispute Resolution Provider within seven (7) days of such request.

4.3.8 The Dispute Resolution Panel must review all applicable documentation and reach a conclusion not later than 30 calendar days after receipt of the Appeal.

(i) The Dispute Resolution Panel may submit questions to the Registry, the Appellant or Appellee.

(ii) Responses to all such questions must be received by the Dispute Resolution Panel within 7 days.

(iii) The Dispute Resolution Panel shall review each Appeal on a De Novo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operator in an Appeal, it shall have the discretion to consider such findings in reaching its own conclusions. The purpose of the Dispute Resolution Panel should be to make a determination as to whether the Appeal has merit based solely on the requirements of the current Transfer policy and determine the appropriate resolution to the issues presented.

(iv) The Remedies ordered by the Dispute Resolution Panel shall be limited to:

  • Approval of a Transfer
  • Denial of the Transfer (or ordering the domain name be returned to the Registrar of Record in cases where a Transfer has already occurred)

4.4 Fees for Second-Level Dispute Resolution Service

4.4.1 In the case of either a Request for Enforcement or an Appeal filed at the Second Level, the applicable Dispute Resolution Provider shall determine the applicable filing fee (“Filing Fee”). The specific fees along with the terms and conditions governing the actual payment of such fees shall be included in the Dispute Resolution Provider’s Supplemental Rules.

4.4.2 In the event that the Filing Registrar or Appellant, whichever applicable, does not prevail in a Second-Level dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.

4.4.3 In the event that the Filing Registrar or Appellant, whichever applicable, prevails in a Second-Level dispute, the Respondent or Appellee, whichever applicable, must submit to the Dispute Resolution Provider, the Filing Fees within fourteen (14) calendar days after such decision. In such an event, the Dispute Resolution Provider shall refund to the Filing Registrar or Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent or Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accordance with Section 4.5 below. Failure to pay Filing Fees to the Dispute Resolution Provider may result in the loss of accreditation by ICANN.

4.5 Availability of Court Proceedings

The procedures set forth above shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such administrative proceeding is commenced or after such proceeding is concluded. If a Dispute Resolution Panel decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), such Registrar will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received from either of the parties to the dispute during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry, as applicable, within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented that the parties have resolved such dispute; (ii) evidence is presented that the lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the lawsuit or ordering certain actions with respect to the domain name.

Trademark/Copyright Infringement

KORE DOMAINS
TRADEMARK/COPYRIGHT INFRINGEMENT

RESPECTING INTELLECTUAL PROPERTY

Kore Domains (“Kore Domains”) supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Kore Domains is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.

Domain Name Dispute Claims 

Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute about a registered domain name. Any dispute regarding the registration of domain names will need to be sent either to the registrant, to an ICANN-approved arbitration provider, or the court system.

This Trademark/Copyright Infringement policy specifically excludes domain name disputes and has been established to allow reporting of possible violations involving other Kore Domains products and services.

Copyright and Trademark Claims 

1. To notify Kore Domains that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.

2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).

A. Trademark Claims 

1. If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the United States Patent and Trademark Office on the Principal Register or, for foreign marks, registered with the appropriate intellectual property organization of your country; state registrations and registrations on the Supplemental Register are not considered valid for these purposes), Kore Domains requests that the Complaining Party substantiate such claim by either: (i) filling out the form available here, or (ii) providing the following information via email to trademarkclaims@secureserver.net.  The words “Trademark Claim” should appear in the subject line.

To be considered effective, a notification of a claimed trademark violation must include the following information:

  • The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.
  • The jurisdiction or geographical area to which the mark applies.
  • The name, post office address and telephone number of the owner of the mark identified above.
  • The goods and/or services covered by or offered under the mark identified above.
  • The date of first use of the mark identified above.
  • The date of first use in interstate commerce of the mark identified above.
  • A description of the manner in which the Complaining Party believes its mark is being infringed upon.
  • Sufficient evidence that the owner of the website that is claimed to be infringing is a Kore Domains customer.
  • The precise location of the infringing mark, including electronic mail address, etc.
  • A good faith certification, signed under penalty of perjury, stating:
    1. The content of the website [identify website] infringes the rights of another party,
    2. The name of such said party,
    3. The mark [identify mark] being infringed, and
    4. That use of the content of the website claimed to be infringing at issue is not defensible.

2. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, Kore Domains will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Kore Domains is investigating the claim, Kore Domains, at its sole discretion and without any legal obligation to do so, may notify the alleged infringer it will lock down the domain name(s), redirect the  DNS,and/or if it is solely stored on a Kore Domains server, temporarily remove or deny access to the allegedly infringing material.

3. If Kore Domains concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the alleged infringer’s Kore Domains account and/or if it is solely stored on a Kore Domains server, deny access to the allegedly infringing material. If Kore Domains concludes that the Complaining Party has not raised a legitimate claim, Kore Domains will restore access to the allegedly infringing material.

4.  The Complaining Party should understand that Kore Domains, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of Kore Domains and its customers to abide by it in the context of domain name disputes.

B. Copyright Claims 

1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Kore Domains requests that the Complaining Party substantiate such claim by providing Kore Domains with the following information via email to copyrightclaims@secureserver.net. The words “Copyright Claim” should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, Kore Domains, 14455 N. Hayden Road, Suite 219, Scottsdale, AZ 85260

To be considered effective, a notification of a claimed copyright infringement must be provided to Kore Domains and must include the following information:

  1. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kore Domains to locate the material.
  4. Information reasonably sufficient to permit Kore Domains to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, Kore Domains will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Kore Domains is investigating the claim, Kore Domains, at its sole discretion and without any legal obligation to do so, may notify the alleged infringer it will lock down the domain name(s), redirect the DNS, and/or if it is solely stored on a Kore Domains server, temporarily remove or deny access to the allegedly infringing material.

3. If Kore Domains concludes that the Complaining Party has raised a legitimate copyright claim, it will continue to suspend the alleged infringer’s Kore Domains account and/or if it is solely stored on a Kore Domains server, deny access to the allegedly infringing material. If Kore Domains concludes that the Complaining Party has not raised a legitimate claim, Kore Domains will restore access to the allegedly infringing material.

C. Counter Notification Policy

1. Counter Notification. If you have received a notice of copyright or trademark infringement that you wish to challenge based on a  a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, you may provide Counter Notification by emailing copyrightclaims@secureserver.net or trademarkclaims@secureserver.net and including the following:

  1. An electronic signature of the alleged infringer.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. The alleged infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Arizona, or if the alleged infringer’s address is outside of the United States, for any judicial district in which Kore Domains may be found, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.

2. Upon receipt of a Counter Notification as described in Section 1 above, Kore Domains shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Kore Domains will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Kore Domains first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Kore Domains’s system or network.

D. Repeat Infringers 

It is Kore Domains’s policy to provide for the termination, in appropriate circumstances, of Kore Domains customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.

Revised: 7/29/14
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