Domain Name Registration Terms and Conditions

Updated 02/05/04

If we register a domain name on your behalf:
Cymru 1 Limited is not a domain name Registrar. If you ask us to register a domain name on your behalf we will do so by making use of the services of a third party company. Although we will endeavour to ensure that domain names are correctly registered and (on your instructions) renewed, Cymru 1 Limited cannot accept any responsibility of any kind, including for any losses or damages of any kind, should we fail to correctly register or renew a domain name for you. Furthermore, Cymru 1 Limited cannot be held responsible for any action taken against you, or for any losses or damages of any kind, you should ask us to register or renew a domain name containing or referring to the intellectual property of a third party or which causes any third party to take action against you for any reason. In addition, Cymru 1 Limited, its directors, staff and agents cannot be held responsible for any losses or damages of any kind that you might incur should you lose the ability to use domain name we have registered on your behalf, no matter how this loss of use occurs.

NEITHER CYMRU 1 NOR ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES CYMRU 1 OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES.

NEITHER CYMRU 1 NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY; IT BEING UNDERSTOOD, HOWEVER, THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT SUCH LIABILITY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD CYMRU 1 RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.

 

If you register a domain name yourself through our website:
Cymru 1 Limited is not a Domain Name Registrar. Instead it has negotiated an agreement with the American company Wild West Domains Inc through which anyone can register domains at a heavily discounted rates via the www.c1-domains.com registration portal. This portal is branded as "C1 Domains & More". Cymru 1 Limited is in no way legally involved with any domain registration transactions made through the domain registration pages available on the Cymru 1 website site or the www.c1-domains.com registration portal. Instead, all legal agreements for domain name registrations (and/or the purchase of other products and services) made via the www.c1-domains.com website are between you (the customer), and Wild West Domains Inc.

For your convenience, a copy of Wild West Domains Inc domain name registration terms and conditions document appear below. This documents were correct as of 01/05/2004. Up to date versions can be viewed at the www.c1-domains.com website, as can other documents containing terms and conditions that may apply to your purchase or registration.

Wild West Domains, Inc.
Domain Name Registration Agreement

This Wild West Domains, Inc. Domain Name Registration Agreement ("Agreement") is by and between Wild West Domains, Inc. ("Wild West") an Arizona Corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Wild West's Domain Name Registration and represents the entire agreement between You and Wild West. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy, along with any new, different or additional terms, conditions or policies which Wild West may establish from time to time.

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 Wild West, whether or not the transactions were in Your behalf. You acknowledge that Wild West's acceptance of any application made by You for services provided by Wild West will take place at Wild West's offices located in Scottsdale, Arizona, USA.

You acknowledge that Wild West is a registrar bound by an agreement between Wild West and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You agree that Wild West may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the Internet ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by Wild West.

1. fees

In consideration for the services and products ("service") purchased by You and provided to You by Wild West, You agree to pay Wild West at the time service is provided. Payment is to be made by You by providing either a valid credit card, an online check, or using Good as Gold to establish a cash reserve for charge by Wild West (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. 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 Wild West is unable to charge Your Payment Method for the full amount owed Wild West for the service provided, or if Wild West is charged a penalty for any fee it previously charged to your Payment Method, You agree that Wild West may pursue all available remedies in order to obtain payment. You agree that among the remedies Wild West may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names registered or renewed on Your behalf. Wild West 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 Manager.

Domain Name Renewals

When You register a domain name, You have the option to elect that the domain name be automatically renewed upon reaching the expiration date. If You elect the automatic renewal option, Wild West will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with Wild West, at Wild West's then current rates. Thus, if you have chosen to register your domain name for one year, Wild West will automatically renew it for one year. If you have chosen to register your domain name for two years, Wild West will automatically renew it for two years, and so on.  Domain name renewals will be non refundable. If for any reason Wild West 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. If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into 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). In this case, if You fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that Wild West will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges may apply. If You signed up for domain masking, domain forwarding, or any other similar service, with Your domain registration, these services may be automatically renewed when Your domain registration is up for renewal, and You may incur an additional renewal fee unless You cancel in advance.

2. term of agreement; modifications

The term of this agreement shall continue in full force and effect as long as You have any domain name registered through Wild West. You agree that You will not transfer any domain name registered through Wild West to another domain name registrar during the first sixty (60) days from its initial registration date.

You agree that Wild West may modify this agreement from time to time. Wild West may also discontinue services it provides under this agreement. You agree to be bound by any changes Wild West may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with Wild West You will not receive a refund for any fees You may have paid to Wild West.

You agree that Wild West shall not be bound by any representations made by third parties who You may use to purchase services from Wild West, and that any statements of a general nature, which may be posted on Wild West's web site or be contained in Wild West's promotional materials, will not bind Wild West.

3. up to date information; use of information the service

You agree to notify Wild West 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 Wild West with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Wild West to determine the validity of information provided by You, shall also be considered to be a material breach of this agreement.

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 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

• The original date of registration and expiration date

You agree that, to the extent permitted by ICANN, Wild West 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.

4. 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 Wild West may from time to time modify its Dispute Resolution Policy. Wild West will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining Your domain name registrations with Wild West after the updated policy becomes effective that You agree to the Dispute Resolution policy as amended. You agree to review Wild West's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with Wild West as a result of the modified Dispute Resolution policy no fees will be refunded to You.

You agree that if a dispute arises as a result of one or more domain names You have registered using Wild West, You will indemnify, defend and hold Wild West harmless as provided for in this agreement. You also agree that if Wild West is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using Wild West, that Wild West, in its sole discretion, may take whatever action Wild West 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 Wild West harmless for any action taken by Wild West.

5. 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 Transfer Agreement. You may view the latest version of our Domain Transfer Agreement online.

You agree to inform any customer of Yours, who may be acquiring a domain name through You using Wild West's registration services, that they are in fact registering their domain name through Wild West and that Wild West 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 web site.

You agree to obtain each of Your customers' acceptances of Wild West's then current Domain Registration 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 Wild West, You agree that such additional terms and conditions shall not conflict with Wild West's Domain Registration Agreement and the policies and business procedures adopted by ICANN.

You agree that Wild West 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 Wild West'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 5 business days, provide such information to Wild West so Wild West may update its registration records. You will retain copies of all communications between You and Your customers and will upon request provide Wild West copies of same.

6. suspension of services; breach of agreement

You agree that, in addition to other events set forth in this agreement, Your ability to use any of the services provided by Wild West 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.

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

Wild West'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.

7. restriction of services; right of refusal

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

The transmission of unsolicited email (Spam).
Repetitive, high volume inquires into any of the services provided by Wild West (i.e. domain name availability, etc.).

If You are hosting Your domain's domain name servers ('DNS') on Wild West's servers, or are using our systems to forward a domain, URL, or otherwise to a system or site hosted elsewhere, or if You have your domain name registered with Wild West, You are responsible for ensuring that there is no excessive overloading on Wild West's DNS systems. You may not use Wild West's servers and Your domain 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 Wild West reserves the right to deactivate Your domain name from its DNS system if Wild West deems it is the recipient of activities caused by your site that threaten the stability of its network.

You agree that Wild West, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. Wild West 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. Wild West may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: 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 behaviour by others, such as hate crimes, terrorism and child pornography; activities that are tortious, 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. In the event Wild West 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 Wild West in connection with the registration either being canceled or refused. In the event Wild West deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.

8. limitation of liability

You agree that Wild West's entire liability to you under this agreement, and your only remedy, in connection with any service provided by Wild West, to you under this agreement, and for any breach of this agreement by Wild West, shall be limited to the fees you paid to Wild West for the particular service in contention. Wild West and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of Wild West's services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, Wild West's liability shall be limited to the smallest amount permitted by law. Wild West disclaims any loss or liability resulting from:

i. access delays or interruptions to our web site or domain name registration system
ii. data non-delivery or misdelivery between You and Wild West
iii. events beyond our control (i.e. acts of God)
iv. the loss of registration or processing of a domain name or the use of a domain name
v. the failure for whatever reason to renew a domain name registration
vi. the unauthorized use of Your account with Wild West or any of
vii. services provided to You by Wild West
viii. errors, omissions or misstatements
ix. deletion of, failure to store, or failure to process or act upon email messages
x. processing of updated information to Your registration record
xi. development or interruption of Your web site
xii. errors taking place with regard to the processing of Your application
xiii. application of Wild West's Dispute Resolution Policy
xiv. any act or omission caused by You or Your agent (whether authorized by You or not)

9. indemnity

You agree to release, defend, indemnify and hold harmless Wild West and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with Wild West whether or not on Your behalf, and whether or not with Your permission) use of the services provided by Wild West. Should Wild West be notified of a pending law suit, or receive notice of the filing of a law suit, Wild West may seek a written confirmation from You concerning Your obligation to indemnify Wild West. Your failure to provide such a confirmation may be considered a breach of this agreement.

10. representation and warranties

You warrant that all information provided by You as part of the registration process is complete and accurate. You also warrant that each registration You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.

You agree that Wild West makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of any domain name You register with Wild West.

Wild West expressly reserves 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, or to avoid any liability, civil or criminal, on the part of Wild West, as well as its affiliates, subsidiaries, officers, directors and employees. Wild West also reserves the right to freeze a domain name during resolution of a dispute.

11. disclaimer of warranties

Wild West expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Wild West makes no warranty that its service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Wild West does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

12. severability; entirety

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between You and Wild West regarding the services contemplated herein.

13. venue; waiver of trial by jury

This agreement shall be deemed entered into in the state of Arizona. Except for disputes concerning the user of a domain name registered with Wild West, the laws and judicial decisions of Maricopa county, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Maricopa county, Arizona.

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

14. notices

You agree that all notices (except for notices concerning breach of this agreement) from Wild West to You may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address You have on file with Wild West or mailed first class postage to the postal address You have on file with Wild West. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Wild West shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
Domain Services C/O Wild West Domains, Inc., 14455 North Hayden Rd., Suite 219, Scottsdale, AZ 85260 Delivery shall be deemed to have been made by You to Wild West five (5) days after the date sent.

15. provisions specific to all registrations

You agree to be bound by the rules, policies, and agreements of each Registry from which You purchase a domain registration, which may include, but are not limited to, Top Level Domain Registries and Second Level Domain Registries.

16. provisions specific to .COM, .NET, AND .CC registrations

Indemnification

You agree to indemnify, defend and hold harmless the .COM, .NET, and .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.

17. provisions specific to .ORG registrants

Indemnification

You agree to indemnify, defend and hold harmless the .ORG Registry Operator, Public Interest Registry, and its subcontractors, shareholders, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.

18. provisions specific to .INFO registrants

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 the registration agreement.

19. provisions specific to .WS (WEBSITE) registrations

Indemnification

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.

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration policies for this ccTLD are located at http://website.ws/faq/index.dhtml and are incorporated herein.

20. additional requirements for .INFO registrants

If You are registering a .INFO domain name You also 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 ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP");

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: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.

21. additional requirements for .BIZ registrants

If You are registering a .BIZ domain name You also agree to:

.BIZ 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 the .BIZ Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

A. To exchange goods, services, or property of any kind;

B. In the ordinary course of trade or business; or

C. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business. Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.

.BIZ Certification

As a .BIZ domain name registrant, You hereby certify to the best of Your knowledge that:

A. The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .BIZ restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html.

B. The domain name registrant has the authority to enter into the registration agreement; and

C. 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. Please take the time to familiarize Yourself with that policy. In addition, You hereby acknowledge that You have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

A. The Uniform Domain Name Dispute Policy;

B. The Start-up Trademark Opposition Policy ("STOP"); and

C. The Restrictions Dispute Resolution Criteria and Rules.

The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.

Domain Name Dispute Policy Modifications

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

Domain Name Disputes

You agree that, if Your use of our domain name registration services is challenged by a third party, You will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, You will indemnify and hold 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

Wild West and the .BIZ Registry Operator, NeuLevel, Inc. 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, or to avoid any liability, civil or criminal, on the part of Wild West and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. Wild West 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 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.

22. provisions specific to .US registrations

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are located at http://www.neustar.us/policies/docs/neustar_registrar_terms.pdf and are incorporated herein. These policies may prohibit You from changing, transferring, or assigning the name You have submitted as Registrant.

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

A. Registrants must be either:

i. 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;

ii. An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the district of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions (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;

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 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 Unites 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.

Registrant further certifies that Wild West has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willing volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.

Registrant understands and agrees 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 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 (i) .US domain name registration and (ii) use of any .US registered domain name.

.US Registration Restrictions

You understand and agree that when You register one of these domains, that You are prohibited from using any profanity in the domain name, pursuant to the .US policy located at http://www.neustar.us/policies/docs/registration_review_policy.pdf. The definition of profanity can be found in the Supreme Court decision, FCC v. Pacifica Foundation, made famous by George Carlin.

23. provisions specific to .NAME registered items

Eligibility Requirements - Dispute Resolution

You represent and warrant 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 Wild West Domains 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 entire Eligibility Requirements Dispute Resolution Policy. 

Consent - 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 options: (i) You may register a variation of the name, (ii) You may challenge the Defensive Registration under the Eligibility Requirements Dispute Resolution Policy ('ERDRP'), 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. 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. The policy is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm.

Acceptable Use Policy

You agree to be bound by GNR's Acceptable Use Policy (http://www.gnr.name/downloads/aup.pdf). 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 500 messages sent from Your .name at a time.

Waiver of Liability

You agree that GNR and Wild West Domains will have no liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, the ability or inability to obtain a domain name or email address registration using these processes; or (ii) any dispute over any domain name or email address registration, including the decision of any dispute resolution proceeding related to any of the foregoing. 

Indemnification

You agree to indemnify, defend and hold harmless GNR, 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 Item Holder's registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement. 

24. provisions specific to ONE-YEAR .BIZ, .INFO, AND .US registrations

If You are registering a .INFO or .BIZ or .US domain name and You elect to take advantage of special pricing applicable to one-year registrations, Wild West will automatically renew Your domain 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 Wild West 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 or .biz or .us domain name for a second year, Your domain name registration will automatically revert back to Wild West and Wild West will gain full rights of registration to such domain name.

You agree that if You delete or Transfer Your .INFO or .BIZ or .US domain name during the first year, You will automatically be charged the second year renewal fees.

25. OTHER COUNTRY CODE TOP LEVEL DOMAINS

You represent and warrant that You meet the eligibility requirements of each country code top level domain ("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 countrys laws.

26. provisions specific to .AT, .BE, .CO.NZ, .NET.NZ, .ORG.NZ, & .COM.MX registrations

You understand and agree that in order to register these domains, a pre-registration DNS validation check is required by the Registry.

27. additional requirements FOR .MX, AND .UK (.ORG.UK, .ME.UK, .CO.UK) registrations

You understand and agree that when You register one of these domains, that the minimum term is two years.

28. provisions specific to .BE registrants

You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration guidelines for this ccTLD are located at http://www.dns.be/eng/DomainInfo/enduser_termsandconditions.htm and are incorporated herein.

29. provisions specific to .DE registrants

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 located at http://www.denic.de/en/richtlinien.html and are incorporated herein.

.DE 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.

30. .JP registration restrictions

You represent and warrant that You have a local presence in Japan with a home or office address. You agree that certain domains 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 located at http://www.nic.ad.jp/dotjp/doc/dotjp-reserved.html.

Additional Requirements for .JP Registrants

You agree to be bound by any registry rules, policies, and agreements for this ccTLD, which are incorporated herein. You must choose from the following list of Japanese Prefecture codes and submit this information with Your order. Prefecture codes are defined as follows:

01 HOKKAIDO	13 SAITAMA	25 OSKA	37 TOKUSHIMA
02 AOMORI	14 IBARAKI	26 WAKAYAMA	38 EHIME
03 IWATE	15 TOCHIGI	27 HYOGO	39 KOCHI
04 AKITA	16 GUNMA	28 TOYAMA	40 FUKUOKA
05 YAMAGATA	17 YAMANASHI	29 FUKUI	41 SAGA
06 MIYAGI	18 SHIZUOKA	30 ISHIKAWA	42 NAGASAKI
07 FUKUSHIMA	19 GIFO	31 OKAYAMA	43 KUMAMOTO
08 NIIGATA	20 AICHI	32 SHIMANE	44 OITA
09 NAGANO	21 MIE	33 YAMAGUCHI	45 MIYAZAKI
10 TOKYO	22 KYOTO	34 TOTTORI	46 KAGOSHIMA
11 KANAGAWA	23 SHIGA	35 HIROSHIMA	47 OKINAWA
12 CHIBA	24 NARA	36 KAGAWA

 

31. provisions specific to .NZ registrants (.CO.NZ, .ORG.NZ, .NET.NZ)

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 located at http://www.dnc.org.nz/story/30037-42-35.html 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 Domains rules, policies, and agreements, which are incorporated and made a part of this Agreement herein.

.NZ Registration Restrictions (.CO.NZ, .ORG.NZ, NET.NZ)

You represent and warrant that You are an identifiable individual over 18 years of age or a properly constituted organization.

32. provisions specific to .AT registrants

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 located at http://www.nic.at/en/agb/ag_agb.asp and are incorporated herein.

33. provisions specific to .UK registrants (.ORG.UK, .ME.UK, .CO.UK)

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 located at http://www.nominet.org.uk/ReferenceDocuments/TermsAndConditions/TermsAndConditions.html and the rules are located at http://www.nominet.org.uk/ReferenceDocuments/Rules/, 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 Domains rules, policies, and agreements, which are incorporated and made a part of this Agreement herein.

34. provisions specific to .CC registrants

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 located at http://www.enic.cc/en-def-278536184acd/en/policies/registration-agree.shtml and are incorporated herein.

35. provisions specific to .TV registrants

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 located at http://www.tv/en-def-1682bbf8e012/en/policies/registration-agree.shtml and are incorporated herein.

.TV Registration Restrictions

If You are registering a multi-lingual .TV domain name, You are aware of and agree that the domain name must be less than 16 characters in length. The FAQ on multi-lingual .TV domain names is located at http://www.tv/en-def-1682bbf8e012/en/multi/multi_faq.shtml.

 

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Wild West Domains, Inc.
ATTN: GENERAL COUNSEL
14455 NORTH HAYDEN RD.
SUITE 219
SCOTTSDALE, AZ 85260