Name68.com Domain Name Registration Terms and Conditions
1. Name68.com/SiliconWise, LLC. ("Name68.com") is a domain registrar partner of 1API GmbH, an ICANN Accredited Registrars for ICANN based domains, in addition to CentralNIC third level domains. .EU domains will be registered through officially .EU accredited registrars 1API GmbH. BRS Media, Inc. is the Accredited Registry Gateway for .am domain names and the Official Domain Registry for .fm, .radio.am & .radio.fm domains. Name68.com is responsible for the registration of second-level and/or third-level Internet domain names in the top level domains listed on it's home page (www.Name68.com). Name68.com registers these second and/or third-level domain names on a "first come, first served" basis. By registering a domain name, Name68.com does not determine the legality of the domain name registration, or otherwise evaluate whether that registration or use may infringe upon the rights of a third party.
2. Responsibility. The entity applying for a domain name ("registrant") is solely responsible for selecting its own domain name ("domain name") and maintaining for the continued accuracy of the registration record. The registrant, by completing and submitting the Name68.com Domain Name Registration Agreement ("Registration Agreement"), represents that the statements in its application are true and that the registration of the selected domain name, to the best of the registrant's knowledge, does not interfere with or infringe upon the rights of any third party. The registrant also represents that the domain name is not being registered for any unlawful purpose.
3. Disputes. The customer agrees to be bound by the Uniform Domain Name Dispute Resolution Policy "UDRP". If any dispute arises the customer is responsible to protect his interests. The customer accepts that Name68.com acts as accredited registrar and might be bound to cancel a domain or to transfer it to a third party - according UDRP-regulations - if the customer does not provide evidence within ten days after an Administrative Panel's decision, that he has commenced a lawsuit against the complainant in a Mutual Jurisdiction regarding the right to use the disputed domain name. During a pending administrative proceeding or during a period of fifteen (15) days after such proceeding is concluded or during a pending court proceeding or arbitration commenced regarding the domain name the customer may not transfer the domain name registration to a third party unless the third party agrees, in writing, to be bound by the decision of the court or arbitrator.
Name68.com will not participate in any way in any dispute between you and any party other than Name68.com regarding the Registration and use of your Domain. You will not name Name68.com (BRS Media Inc.) as a party or otherwise include Name68.com in any such proceeding. In the event that Name68.com is named as a party in any such proceeding, Name68.com reserves the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend Name68.com.
4. Terms & Conditions Modification(s). Registrant agrees that Name68.com, in it's sole discretion, may change or modify these Terms & Conditions at any time. Registrant agrees that Registrant's maintaining the registration of a Name68.com domain name after changes or modification(s) to the Terms & Conditions become effective constitutes Registrant's continued acceptance of these changes or modification(s). Name68.com will post the revised Terms & Conditions at http://www.Name68.com at least thirty (30) calendar days before it becomes effective. Registrant agrees that if Registrant considers any such changes or modification(s) to be unacceptable, Registrant may request that the Name68.com domain name be deleted from the domain name database.
5. Information Updating and Accuracy Obligations. As a condition to continued registration of your domain, you must keep the Registration Information current, complete and accurate. You may access your Registration Information in Name68.com's possession to review, modify or update such Registration Information, by accessing Name68.com's domain manager service, or similar service, made available at our Web site. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information promptly will constitute a material breach of this Agreement and may result in the cancellation of your domain registration. The form of payment used (aka Virtual Currency) does not override the ICANN policies OR Accuracy Obligations. You further agree that immediately upon discovering any willful inaccuracy (including i.e. phone number of 555-1212, 000-0000, contact of N/A, -- or address of N/A, --) Name68.com will lockdown any account, web site hosting, domain registration, email boxes or other applicable services for a period of no less than 24 hours. The registrant or customer will be required to respond to Name68.com stating that they will immediately update and keep the Registration Information current, complete and accurate. Name68.com will require a Non-refundable Reactivation Cost Fee, currently set at US $25.00 per transaction, to be paid BEFORE the account, domains and/or services are reactivated. Any further willful inaccuracy associated with your domain registration or account this shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain registration and your Domain Manager Account. Provision of false WHOIS information IS grounds for cancellation of the domain name registration and the Domain Manager Account with no refund of registration fee(s).
6. No Guarantee of Registration, Transfer or Renewal. As a domain name Registrar, Name68.com is, upon accepting your application to register, transfer or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate Registry administrator, as applicable, and that Registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration is unsuccessful. You will NOT be entitled to a refund if your transfer request is unsuccessful. You acknowledge and agree that Name68.com does not guarantee that you will be able to register, transfer or renew a desired domain name, even if our systems indicate that domain name is available or you are able to complete an order with respect to such name. You also understand that Name68.com cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other Registry databases. You also acknowledge and agree that Name68.com is not responsible for any inaccuracies or errors in the domain name registration or renewal process. YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR REGISTRATION OR RENEWAL HAS BEEN PROPERLY PROCESSED. You further acknowledge and agree that Name68.com may elect to accept or reject your application for registration, transfer or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that Name68.com is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any Registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
7. Payments and Fees. The prices for domain registration and other services of Name68.com are published on its pricing page (Name68.com/pricing.cfm); these prices can change at any time. Notwithstanding anything to the contrary, you agree that all fees paid by you to Name68.com are non-refundable, in whole or in part, even if the Domain Name is suspended, cancelled or transferred prior to the end of the then-current registration term by you, by Name68.com or otherwise. ALL FEES ARE NON-REFUNDABLE AND NON-TRANSFERABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELLED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. Any and all payments made via a Credit Card or any other payment service(s) offered MUST be listed in YOUR NAME and/or YOUR BUSINESS NAME. Third party payment(s) shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain registration and your Domain Manager Account. Any and all payments made via PayPal must be made with a VERIFIED PayPal Account in good standings and listed in YOUR NAME and/or YOUR BUSINESS. All personal checks and eChecks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check or eCheck that is returned will result in a US $35.00 returned check fee. Credit cards that are declined for any reason are subject to a US 1.00 declination fee.
CREDIT CARD CHARGE BACK: In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that such action will result in the lockdown and suspension to any and all accounts you have with us and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems shall be assumed by us, as the case may be. You also agree and acknowledge that the domain registration shall be transferred to Name68.com as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. We will reinstate your rights to and control over these Services and/or domain(s) solely at our discretion, and subject to our receipt of the unpaid fee(s) and a Reinstatement Cost Fee, currently set at US $125.00 per transaction.
8. Renewals: Domain names are registered on a annual basis and require the domain holder to renew the domain name in order to maintain the rights to the domain name. ALL domains must be paid in full BEFORE the 'RENEWAL DATE' listed on the domain record within your Name68.com Domain Manager Account. ALL domains CEASE on the domain name's 'RENEWAL DATE' at 00:00:01 UTC (GMT +0000).
9. Renewal Notices ICANN gTLDs: Approximately one month prior to the expiration date of a domain name, the registrant will be emailed an expiration notice to the registrant's email address. Subsequently, approximately one week prior to the expiration date of a domain name, a second notice will be emailed to the registrant's email address. And if a domain is not renewed, within five (5) days of a domain name's expiration date, the registrant will be emailed a third notice stating the domain name has expired.
Renewal and Restore Fees: The fees associated with renewing gTLDs are located on our website at URL: <<Name68.com/pricing.cfm>>
10. ICANN Inter-Registrar Transfer Policy: As stated in the ICANN Transfer Policy (1.2 “Designated Agent”), it allows an individual or entity that the Prior Registrant or New Registrant explicitly authorizes to approve a Change of Registrant on its behalf. You authorize Name68.com to act as your “Designated Agent” to approve each “Change of Registrant” (or Material Change) on your behalf (both terms are defined in ICANN’s Transfer Policy). Also, we will automatically implement the MUST IMPOSED 60-day inter-registrar transfer lock following a “Change of Registrant” per ICANN’s new Transfer Policy.
Effective June 1, 2012, all renewals will effect a migration to our new accredited partner 1API. You acknowledge and agree that, in accordance with ICANN rules this will result in 60 day transfer lock.
You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully.
You understand that if you transfer a domain name that has been recently renewed there is the potential that the renewal year will be lost. The renewal year will be lost if: the domain name was renewed during the forty-five (45) day grace period after the renewal date had passed; and forty-five (45) days have not yet passed since that renewal date. You understand and agree that Name68.com is not responsible for this lost year and that Name68.com will not credit that year to your domain. You will need to review the registration agreement you have with your gaining registrar to determine if you are due, from them, a refund or credit for the lost year. Please contact your gaining registrar if you have any questions about the lost year. You understand and agree that Name68.com will not intervene in the recovery of any such lost registration years that occur during the transfer of your renewed domain name.
To ensure continuation of service, please be certain you renew the domain name BEFORE the renewal date. To ensure continuation of service, please be certain you have a valid e-mail address on file.
- ICANN regulated Generic Top Level Domains (gTLDs) including, but not limited to: .com, .net, .org, .biz, .info, .name, .jobs, .travel, .aero, .mobi, .pro, .xxx, .asia and .tel are then placed into a Redemption Account. Although the domain(s) are scheduled for deletion at this point they can still be retrieved by request. At the end of the Redemption Period the domain(s) will go into a delete cycle at the end of which they will become available for anyone to register. The domain name cannot be release from the "Redemption Period" unless a Domain Redemption Fee is paid through us to the central registry, the fee varies per Top Level Domain. There are no exceptions to this rule.
- There are NO grace periods available for most Country Code Top Level Domain (ccTLDs). In addition, if you do not renew your Country Code Domain Name prior to the domain name's renewal date of such country code domain name, then you run the risk of loss of your Country Code Domain Name. PLEASE NOTE THAT YOUR FAILURE TO RENEW YOUR COUNTRY CODE DOMAIN NAMES AND RELATED SERVICES AT LEAST FIVE (5) DAYS BEFORE THE RENEWAL DATE WILL RESULT IN AN INTERRUPTION IN SERVICE ("INTERRUPTION PERIOD") BEFORE THE END OF YOUR THEN CURRENT TERM, AND AT WHICH TIME YOUR COUNTRY CODE DOMAIN NAME WILL BE DELETED FROM THE REGISTRY. Name68.com waives all liability in the loss of domain name registrations due to failure to renew services.
10. Account Security. You agree you are entirely responsible for maintaining the confidentiality of your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information"). You agree you are entirely responsible for any and all activities that occur under your account. You agree Name68.com 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 Name68.com 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 will be responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. Name68.com will not participate in any way in any dispute between you and any party other than Name68.com regarding your Account Security and use of your Account. Name68.com specifically disclaims liability for any activity in your account, whether authorized by You or not.
11. Domain parking. In the domain registration process, you will be asked to provide name servers to associate with the domain being registered. If you do not enter name servers for the domain at that time, the domain will be automatically placed on name servers provided by Name68.com, and internet users that type in the domain will be redirected to a "This page is parked FREE at Name68.com!" page (collectively, "parking a domain" or a "parked domain"). There is no charge for parking a domain. The "This page is parked FREE at Name68.com!" page may contain advertisements and other materials selected by Name68.com, in Name68.com's sole discretion. By not designating name servers during the registration process, you hereby consent to and authorize Name68.com's placement of the "This page is parked FREE at Name68.com!" page, and its associated contents, on your parked domain. You may change the name server configuration (or "unpark" the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with Name68.com until you modify the name servers after the domain registration is complete, using your account manager.
12. Transfers of Recently Renewed Domain Names. You understand that if you are transferring a domain name (In and/or Out) that has been recently renewed there is the potential that the renewal year will be lost. The renewal year will be lost if: the domain name was renewed during the forty-five (45) day grace period after the renewal date had passed; and forty-five (45) days have not yet passed since that renewal date. You understand and agree that Name68.com is not responsible for this lost year and that Name68.com will not credit that year to your domain. You will need to review the registration agreement you have with your previous registrar (or gaining registrar) to determine if you are due a refund or credit for the lost year. Please contact your previous (or gaining) registrar if you have any questions about the lost year. You understand and agree that Name68.com will not intervene in the recovery of any such lost registration years that occur during the transfer of your domain name.
13. Transfer to another Registrar. You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration; During the first sixty (60) days from the effective date of a domain name transfer; Or during the first sixty (60) days from a domain redemption. Transfer Out Administration Fee: Clients in Good Standing, with full access to their Domains via the Domain Manager Account, the Transfer Out Administration Fee is waived. Clients with accounts Locked down, not in Good Standing, or do not have access to their Domains, the Transfer Out Administration Fee is US $20.00 per domain request. The Transfer Out Administration Fee payment must be made by Cash, Bank Draft, or Wire Transfer (Wire Transfer fee of US $25.00 also applies). You agree to provide a written or electronic signed authorization to Name68.com, along with a Transfer Out Administration Fee for the transfer of the domain name to another registrar, BEFORE the transfer request is submitted to the gaining registrar. Also, you agree to pay any and all fees that may be charged by Name68.com to effect the transfer. Your request to transfer to another registrar may be denied in situations described in the Dispute Policy, including, but not limited to: a dispute over the identity of the domain name holder; bankruptcy; default in the payment of any fees; and/or failure to provide written, signed authorization of the transfer.
14. Indemnity. You agree to release, defend, indemnify and hold harmless Name68.com 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 Name68.com whether or not on Your behalf, and whether or not with Your permission) use of the services provided by Name68.com. Such claims shall include, without limitation, those based upon trademark or service mark infringement, tradename infringement, dilution, tortuous interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Should Name68.com be notified of a pending law suit, or receive notice of the filing of a law suit, Name68.com may seek a written confirmation from You concerning Your obligation to indemnify Name68.com. Your failure to provide such a confirmation may be considered a breach of this agreement.
15. Notices. All notices between Name68.com and its registrants permitted or required under these Terms & Conditions shall be in writing and shall be delivered by personal delivery, courier delivery, facsimile transmission, electronic mail, and/or by first class mail, and shall be deemed given upon delivery, transmission, or seven (7) calendar days after deposit in the mail, whichever occurs first. Initial notices shall be sent to the domain name registrant at the address of the domain name registrant listed in BRS Media's Name68.com domain database.
16. Right of Refusal. We, in our sole discretion, reserve the right to refuse to register your chosen domain name or register you for other Name68.com service(s), or to delete your chosen domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your chosen domain name or register you for other Name68.com service(s), or we delete your chosen domain name or other Name68.com service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your chosen domain name, the deletion of your chosen domain name or refusal to register you for other Name68.com service(s). You also represent and warrant that You are at least eighteen (18) years of age or older. We reserve the right to refuse service to anyone.
17. DISCLAIMER. THE REGISTRANT AGREES THAT BRS MEDIA WILL NOT BE LIABLE FOR ANY LOSS OF REGISTRATION AND USE OF REGISTRANT'S DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF BRS MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BRS MEDIA'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
18. These Terms & Conditions, as amended, and the current Name68.com Domain Name Registration Agreement together constitute the complete and exclusive agreement between BRS Media and the registrant, and supersede and govern all prior proposals, agreements, or other communications. The registrant agrees that registration of a domain name constitutes an agreement to be bound by these Terms & Conditions, as amended from time to time.
19. Limitation of Liability. You understand that Name68.com does not control all aspects of the domain registration process. For example, once you complete a domain application OR a transfer request, Name68.com forwards the information contained in the application to the appropriate Registry Administrator for processing and actual registration of the name. Name68.com disclaims, and you agree that Name68.com is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrators. Name68.com will not be held liable, nor refund a domain name registration due to spelling errors/typos. You agree that Name68.com's entire liability to you under this agreement, and your only remedy, in connection with any service provided by Name68.com, to you under this agreement, and for any breach of this agreement by Name68.com, shall be limited to the fees you paid to Name68.com for the particular service in contention. Name68.com 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 Name68.com'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, Name68.com's liability shall be limited to the smallest amount permitted by law. Name68.com disclaims any loss or liability resulting from:
Access delays or interruptions to our web site or domain name registration system
Data non-delivery or mis-delivery between You and Name68.com
Events beyond our control (i.e. acts of God)
The loss of registration or processing of a domain name or the use of a domain name
The failure for whatever reason to renew a domain name registration
The unauthorized use of Your account with Name68.com or any of services provided to You by Name68.com
Errors, omissions or misstatements
Deletion of, failure to store, or failure to process or act upon email messages
Processing of updated information to Your registration record
Development or interruption of Your web site
Errors taking place with regard to the processing of Your application
Application of Name68.com's Dispute Resolution Policy
Any act or omission caused by You or Your agent (whether authorized by You or not)
20. You acknowledge that ccTLD registrations are performed with third-party organizations that operate at the request of or via contract with foreign governments, and as such, changes in government structure or registry contractors may occur, and as a result Domain Name Registrations may be adversely affected. You acknowledge and agree that Name68.com shall not have any liability associated with any ccTLD registration or failure to register a ccTLD Domain Name. Further, Name68.com reserves the right to reject: (a) ccTLD multi-year registration requests where such multi-year registrations are not available through the requested ccTLD Registry; (b) Domain Name record modification request if such modifications are not supported by the applicable ccTLD Registry; and (c) ccTLD Domain Name transfers where such Domain Name transfers are not available through the requested ccTLD Registry.
21. Disclaimer of Warranties. Name68.com 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. Name68.com 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. Name68.com 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.
22. Spam and/or Network Abuse. If Name68.com determines that the services in question are being used in association with spam and/or network abuse, or if we have determined that anyone associated with your account is spamming our services or network abuse, Name68.com will re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes or other applicable services for a period of no less than 2 days. The registrant or customer will be required to respond by fax to Name68.com stating that they will cease to send spam, abusing or spamming our services and/or have spam sent on their behalf. Name68.com will require a Non-refundable Cleanup Cost Fee, currently set at US $500.00, to be paid via direct payment or wire transfer before the account, site, email boxes and/or services are reactivated. In the event that Name68.com determines the abuse has not stopped after services have been restored the first time, Name68.com may terminate all services, included but nor limited to the hosting and email boxes associated with domain name in question.
23. Venue; Waiver of trial by jury. This agreement shall be deemed entered into in the state of California. Except for all disputes concerning the use of a domain name registered with Name68.com, the laws and judicial decisions of San Francisco county, California, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. For the adjudication of disputes concerning or arising from the use of a domain name registered with Name68.com, You shall submit, without prejudice to other potential applicable jurisdictions, to the jurisdiction of the courts (1) of Your domicile and (2) where Name68.com is located. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of San Francisco county, California.
You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.
24. 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.
Appendix for the Emoji Domain Names (Emoji).
By selecting and registering an Emoji Domain, registrant also agrees the the following:
Emojis are still not accessible to many Internet users. They do not, and may never, have the same functionality as traditional ASCII domain names. By registering Emoji character domain names at this time you understand and assume the risk that your domain name registration may be temporarily or permanently suspended, deleted or denied based on further developments by Internet standard-setting bodies.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE ENCODING SCHEMES, PROTOCOLS AND OTHER EMOJI-ENABLING TECHNOLOGIES, WHETHER PROVIDED BY US OR OTHERWISE, WILL BE APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE SUCCESSFULLY DEPLOYED.
You assume all risks inherent in the experimental nature of this service and the technologies supporting it. The encoding schemes, protocols and other Emoji-enabling technologies are not within our control and are subject to change without notice. You assume all risks that such changes may impair or prevent your ability to use the Emoji Domain you have registered. You further understand and agree that we may interrupt or deny Emoji registration services to you, temporarily or permanently, as a result of such changes. You further assume all risks that the Internet addressing system will not recognize an Emoji Domain you have registered or otherwise will not enable such Emoji Domain to function as an Internet address.
We may, but shall not be obligated to, make any and all modifications to an Emoji domain registration, including without limitation changing the Emoji's ASCII-based translation, that we deem necessary or appropriate for the purpose of bringing an Emoji registration into conformance with evolving technical standards. Such modifications may be made without notice to you. In the event we elect to make such modifications, you agree to hold us harmless from any claims, liabilities or demands arising from such modifications.
Appendix for the Internationalized Domain Names (IDNs).
By selecting and registering an IDN, registrant also agrees the the following:
IDNs registered on Name68.com conform to IDN standards endorsed by ICANN, however, IDNs are still not accessible to most Internet users. They do not, and may never, have the same functionality as traditional ASCII domain names. By registering multilingual character domain names at this time you understand and assume the risk that your domain name registration may be temporarily or permanently suspended, deleted or denied based on further developments by Internet standard-setting bodies.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE ENCODING SCHEMES, PROTOCOLS AND OTHER IDN-ENABLING TECHNOLOGIES, WHETHER PROVIDED BY US OR OTHERWISE, WILL BE APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE SUCCESSFULLY DEPLOYED.
You assume all risks inherent in the experimental nature of this service and the technologies supporting it. The encoding schemes, protocols and other IDN-enabling technologies are not within our control and are subject to change without notice. You assume all risks that such changes may impair or prevent your ability to use the IDN you have registered. You further understand and agree that we may interrupt or deny IDN registration services to you, temporarily or permanently, as a result of such changes. You further assume all risks that the Internet addressing system will not recognize an IDN you have registered or otherwise will not enable such IDN to function as an Internet address.
We may, but shall not be obligated to, make any and all modifications to an IDN registration, including without limitation changing the IDN's ASCII-based translation, that we deem necessary or appropriate for the purpose of bringing an IDN registration into conformance with evolving technical standards. Such modifications may be made without notice to you. In the event we elect to make such modifications, you agree to hold us harmless from any claims, liabilities or demands arising from such modifications. Before registering an IDN, we strongly recommend that you review and become familiar with the "Multilingual Domain Name Position Paper," published on the website of VeriSign Global Registry Services, currently located at the following url: http://www.verisign.com.
Appendix for Pre-Registered Domain Names.
Submitting a Pre-Registration request application does not guarantee a successful domain name registration. The successful registration of a queued domain name depends upon a number of different factors that cannot predict beforehand.
Limitation of Pre-Registration Liability:
Name68.com shall not be liable for the situation where a domain name you applied for is not registered for whatever reason, including but not limited to interface problems between the Registrar and Registry Operator.
Pre-Registration request applications are ONLY valid for 1 year. You may re-request a Pre-Registration request application after the 1 year original Pre-Registration request has been removed.
Name68.com assumes no liability for an order or a domain name's suspension, cancellation, deletion, interruption or transfer due to procedures, rules or policies laid down by ICANN or Registry or due to practices, customs or prejudices of court of laws or dispute resolving arbitrators. Under no circumstances shall be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits incurred by you as a result of, or in connection with, a domain name registration.
You are the sole responsible party for the information submitted, and for complying with registry administrator's rules at any time.
You agree to indemnify from and against all liabilities, damages, losses, expenses, claims, demands suits, attorney fees, and costs and expenses incidental thereto, arising from claims brought against by you or any other 3rd party in connection with such events as described above.
Appendix for the ID Domain Privacy Service - IDdp.Net.
By selecting the ID Domain Privacy Service, registrant also agrees the the following:
IDdp.Net, a division of BRS Media Inc. ("IDdp.Net"), will be the listed Registrant and domain owner as per the information contained within the official WHOIS record. Your name, postal address, email address, phone and fax numbers shall be kept confidential. Additional restrictions and stipulations pertaining to the ID Domain Privacy Service are as follows:
a) Full Ownership rights retained by you
Although IDdp.Net is listed as the registrant, you will retain full domain ownership rights, such as:
The ability to sell or transfer each domain. (internal or external transfer)
The ability to manage domain name servers to the settings of your choice.
The ability to create/manage/nameservers for your domain.
The ability to have access to all standard and paid services offered via Name68.com that would require changes to your domain name settings.
The right to cancel the ID Domain Privacy Service so that you become listed as the registrant.
The right to renew your domain upon its expiration.
The right to cancel your domain registration.
b) Information that will be made publicly available for each domain
The following publicly available information will be listed for your domain as per ICANN Policy. In lieu of your information IDdp.Net contact information will be listed:
Registrant - name, email, address and phone contacts - IDdp.Net will be listed.
Technical - name, email, address and phone contacts - IDdp.Net will be listed.
Billing - name, email, address and phone contacts - IDdp.Net will be listed.
Administrative - name, email, address and phone contacts - IDdp.Net will be listed.
c) Your obligations relative to information
For each domain that utilizes the ID Domain Privacy Service you agree to provide the following VERIFIABLE information:
Registrant - name, email, address, phone and fax contacts.
Technical - name, email, address, phone and fax contacts.
Billing - name, email, address, phone and fax contacts.
Administrative - name, email, address, phone and fax contacts.
d) Representations & Warranties.
You warrant that all information provided by you pursuant to this Agreement is truthful, complete, current and accurate. You also warrant that you are using the ID Domain Privacy Service in good faith and that you have no knowledge that the domain listed under ID Domain Privacy Service, infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name. You also warrant that neither the ID Domain Privacy Service nor the domain will not be used in connection with any illegal or morally objectionable activity, or, in connection with the transmission of unsolicited commercial email ("Spam").
e) RIGHTS TO DENY, SUSPEND, TERMINATE SERVICE AND TO DISCLOSE YOUR PERSONAL INFORMATION
You understand and agree that IDdp.Net/Name68.com (BRS Media Inc) has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to: (i) close Your Account, terminate provisionment of the ID Domain Privacy Service, and list the personal information you provided in Section 3.a. for any associated IDdp.Net domain; (ii) reveal Your name and personal information that You provided to pursuant to this Agreement when required by law or when IDdp.Net has a good faith belief that such action is necessary to conform to the law, or to comply with a legal process served upon IDdp.Net; (iii) resolve any and all third party claims, whether threatened or made, arising out of Your use of IDdp.Net Domain; or (iv) take any other action IDdp.Net deems necessary in the event of any of the following:
In the event you breach any provision of this Agreement.
In the event you use the ID Domain Privacy Service to Spam, UBE (Unauthorized Bulk Email) or UCE (Unauthorized Commercial Email) or hide behind these services in order to engage in, or to avoid detection from being involved in, these prohibited activities.
In the event we receive any valid complaint about Spam, UBE (Unauthorized Bulk Email) or UCE (Unauthorized Commercial Email) with regards to your domain.
In the event you breach any provision of Name68.com Registration Agreement;
To protect the integrity and stability of the applicable domain name registry;
To comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
To comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN;
To avoid any financial loss or legal liability (civil or criminal) on the part of IDdp.Net, Name68.com, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
If the IDdp.Net Domain is alleged to violate or infringe a third party's trademark, trade name or other legal rights;
If it comes to IDdp.Net's attention that You are alleged to be using the ID Domain Privacy Service 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: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism and child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) 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 also understand and agree that if IDdp.Net, Name68.com and/or BRS Media Inc is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the ID Domain Privacy Service or an IDdp.Net domain, Name68.com will lockdown any account, web site hosting, domain registration, email boxes or other applicable services. The registrant or customer will be required to respond by fax to Name68.com stating that they will cease the activity. Name68.com will require a Non-refundable Cleanup Cost Fee, currently set at US $500.00, to be paid via direct payment or wire transfer before the account, site, email boxes and/or services are reactivated. In the event that Name68.com determines the activity has not stopped after services have been restored the first time, Name68.com may terminate all services, included but nor limited to the hosting and email boxes associated with domain name in question.
In the event (i) ID Domain Privacy Service takes any of the actions set forth above or you elect to cancel or not renew the ID Domain Privacy Service for any reason, Name68.com will NOT refund any fees paid by you whatsoever for the ID Domain Privacy Service.
f) Forwarding Fees.
In consideration for handling and forwarding certain first class correspondence, and responding to and dealing with complaining third parties, you agree to pay IDdp.Net at the time such services are provided. IDdp.Net may change its forwarding fees at any time. Unless otherwise stated, all fees are posted (and payable by You) in U.S. Dollars. You are responsible for paying all fees and taxes associated with using IDdp.Net's forwarding services. Payment shall be made by You providing a valid credit card for charge by Name68.com, and is non-refundable. If for any reason IDdp.Net is unable to charge Your credit card with the full amount of the service provided, or if IDdp.Net is charged back for any fee it previously charged to the credit card You provided, You agree that IDdp.Net may, without notice to You, pursue all available remedies in order to obtain payment, including but not limited to, sale of the domain name registration to a third party, and immediate cancellation of Your account and all services IDdp.Net provides to You.
Appendix for the registration of DNS Service.
By Sign up for DNS Service with [email protected], DNS Basic, Web Forwarding and/or Google Apps, registrant also agrees to the following registration policies:
The following are the terms and conditions for use of the DNS service including without limitation DNS, web parking, email and other services which may be offered from time to time by BRS Media, Inc. for use with your DNS account member name (each feature individually and collectively referred to as the "Services"). Please read them carefully. BY CLICKING ON "I AGREE" AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR A DNS ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").
The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Subscriber: The Subscriber is defined as an individual who is accessing the Services. Subscribers may not have more than one account. Subscribers cannot share accounts. If a Subscriber has more than one account, DNS reserves the right to aggregate the Subscriber’s usage across all of his accounts for purposes of calculating accurate fees and usage charges.
Term: The term of Subscriber subscription is effective as soon as the Subscriber begins using the Services. DNS shall endeavor to enable Subscriber to commence access to the Services (the "Access Date") as soon as possible. Notwithstanding the foregoing, DNS shall not be responsible or liable for any delay in the Access Date for any reason, including, without limitation, equipment delays, telephonic service delays, or any other reason, and Subscriber's sole remedy for any such delay shall be to cancel the Service and Subscriber shall be entitled to a refund of any portion of the Initial Fee (as hereinafter defined) which has not been used for costs, expenses or set up services.
Fees: Upon establishment of an account through submission of the Signup Form, the initial fees shall be due and payable and thereafter the Yearly Fees shall be due and payable in advance unless otherwise specifically provided in a written Quotation. Subscriber shall pay all applicable taxes relating to use of the Service by the Subscriber. Subscriber shall be responsible for all use of the Service accessed through Subscriber's account and will pay for all usage charges accrued thereunder whether or not they are authorized by the Subscriber. In the event of unauthorized access to the Subscriber's account, Subscriber must promptly notify DNS. Subscriber will remain responsible for all charges to Subscriber's account until DNS is so notified and has had a reasonable opportunity to cancel access to the account. Any amounts not paid by Subscriber to DNS when due shall bear interest at the rate of 1.5% per month until paid in full and DNS may be obligated to suspend any services until all payments are made. In addition if any amount is not paid when due subscriber shall be responsible for DNS cost of collection including attorneys' fees and costs. Current usage terms and policies are available at http://www.Name68.com/policy.html
DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY
A: DNS shall endeavor to provide the Services in accordance with the standards of the industry. DNS will make a good faith adjustment to any amount paid or payable by the Subscriber for the use of the Services to the extent of a failure of the services which renders the Services unusable except to the extent caused by Subscriber or based upon acts or conditions beyond DNS's reasonable control; provided that Subscriber reports such problems to DNS immediately upon discovery and requests an adjustment within 5 business days of such failure. Notwithstanding any other provision of a written Quotation or these terms and conditions, in no event shall DNS's liability for any reason upon any cause of action in connection with this agreement, the Service or otherwise exceed the Most Recent Yearly Payment by Subscriber to DNS
B: Subscriber acknowledges that DNS has not made any representations or warrantees with respect to the quality of the service or that the service will be accessible on a continuous basis or that such accessibility will not be limited or interrupted from time to time, and DNS specifically disclaims any such representations, warrantees, or covenants including without limitation the warrantee of merchantability or fitness for a particular purpose. Subscriber acknowledges that DNS shall not be liable or responsible for consequential damages, lost profits, lost email or other damages of any type or nature, even if DNS has been advised of such damages. Subscriber acknowledges that sole remedy for any such failure is set forth in the second sentence of paragraph 5A. Hereof Subscriber acknowledges that DNS does not monitor or review any of Subscriber's material (as hereafter defined); However, Subscriber acknowledges that DNS may, upon receipt of a complaint, with respect to any of the Subscriber material or any other reason, Prevent Subscriber material from being accessible through the service; provided that DNS shall have no obligation to Prevent Such Access
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