Country | Tuvalu |
Code | TV |
Currency | USD |
Why register .tv? |
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Tuvalu, formerly known as the Ellice Islands, is an island country in the Polynesian subregion of Oceania. The total land area is 26 square kilometres. Tuvalu has a population of 10,507 as per 2017 Census. If you conduct business from within Tuvalu, it is time to register a .TV domain extension.
Registering a dot 'TV' country code extension (top level domain name) will increase credibility for your business across the globe. Why? Country-code domains are meant specifically for businesses that do business within a particular country--in this case, Tuvalu. The .com domain (and other generic TLDs) are not targeted and that online space is saturated--and you likely already have the .com for your business. Extend your brand presence with a more relevant, shorter domain--a ccTLD that differentiates you from competitors. Identify yourself as an official Tuvalu business owner and give your clients and constituents more confidence as they interact with you online. Country code domains also help you rank higher in local search results. |
Available TLDs | Requirements |
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tv | NR |
different fee for premium domains, usually 2 and 3 letter domains, generic and commonly used words. fee ranges from $50 to$ 10,000.
The .tv Corporation Policies
(updated May 15, 2003)
The following is a guide to finding the policies, rules and agreements (collectively, the "The .tv Corporation Policies") governing your use of the The .tv Corporation Web site and the registration and use of domain names.
General Terms of Service
Please carefully read the Terms of Service for use of the The .tv Corporation Web site located at www.tv (the "Site")
Privacy Statement
You agree that The .tv Corporation shall have the right to use any information collected from you or provided by you in accordance with the terms of The .tv Corporation Privacy Policy.
Domain Name Allocation and Registration Procedures
.tv Domain Names: The .tv Corporation generally registers domain names on a first-come, first-served basis, at a standard low price that represents the first year's Annual Registration Fee. However, for .tv Domain Names determined to be generic or common words or phrases, and 1- to 3- character combinations ("Premium Names"). tv generally registers the domain name at premium fixed fees, also on a first-come, first-served basis. Registrants of all .tv Domain Names, including Premium Names, must agree to a minimum registration term of two (2) years, although you can prepay for one (1) to ten (10) years at the time of registration. Check our home page for the current promotions or changes to the Annual Registration Fee.
Other Domain Names: Registrations for all other Domain Names are also on a first-come, first-served basis, at a standard low price that represents the first year's Annual Registration Fee. Registrants of .bz, .cc, and .name Domain Names must agree to a minimum registration term of one (1) year, although you can prepay for one (1) to ten (10) years at the time of registration. Registrants of .info and .biz Domain Names must agree to a minimum registration term of two (2) years, and you must prepay for two (2) years at the time of registration. You may also register .info and .biz Domain Names for three (3), five (5) or ten (10) years terms.
All Domain Name registrants must accept the terms and conditions of the Registration and Services Agreement to register a domain name.All Domain Names registered through the www.tv site will be automatically renewed for an additional year at the end of your selected term. If you have a valid credit card on file with us, we will automatically charge the amount of the next year's Annual Registration Fee at the end of your selected term.
Dispute Policy
The .tv Corporation does not, and cannot, screen, review, evaluate or investigate a domain name registrant's legal right to register or use a domain name in any top-level.
The .tv Corporation has adopted the Uniform Domain Name Dispute Resolution Policy established by the Internet Corporation for Assigned Names and Numbers ("ICANN") for resolution of disputes concerning all domain names registered through The .tv Corporation web site. See The .tv Corporation's Dispute Policy.
If you believe any material on The .tv Corporation web site is infringing your copyrights or the copyrights of a third party, please contact The .tv Corporation immediately. Pursuant to the United States Digital Millennium Copyright Act, The .tv Corporation has designated a registered agent to receive copyright infringement claims who may be contacted at info@www.tv.
Modifications to Policies
The .tv Corporation reserves the right to modify or amend The .tv Corporation Policies at any time. Users should review the policies from time to time, as users are bound to them, and to any modifications made to them. Modifications to The .tv Corporation Policies are effective as of the date and time they are posted on the Site, except for modifications to the Dispute Policy, which shall be effective thirty (30) days from posting on this Site.
Terms of Service
(updated May 6, 2004)
The .tv Corporation provides this Web site located at www.tv (this "Site"), the domain name registration service and other products and services offered on the Site (collectively, the "Service") subject to your compliance with the terms and conditions set forth below ("Terms of Service"). Please read the Terms of Service carefully because it constitutes a legally binding contract between you and The .tv Corporation and governs your use of this Site. BY USING THIS SITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE AND THE ASSOCIATED POLICIES OF THIS SITE.
ADDRESS AND CONTACT INFORMATION
The .tv Corporation is a Delaware corporation. The .tv Corporation's address is: c/o VeriSign, Inc., 21345 Ridgetop Circle, Dulles, VA 20166. You may send e-mail to The .tv Corporation at info@www.tv or contact us by telephone at +1 (703) 376-0001.
SERVICES PROVIDED BY The .tv Corporation
The .tv Corporation provides a domain name registration service that enables users to register second level Internet domain names within the different top level domains. Although The .tv Corporation will attempt to accommodate your request for a particular domain name, The .tv Corporation does not guarantee that you will receive the name you have requested or that you have the legal right to use any domain name you register. For more information about registering domain names, review The .tv Corporation's Registration and Services Agreement (the "Agreement"). The .tv Corporation also provides value added products and services through relationships with trusted third parties.
USE OF THE SITE AND SERVICE
As a condition of your use of the Site and Service, you warrant to The .tv Corporation that you will not use the Site and Service for any purpose that is unlawful or prohibited by these Terms of Service. The .tv Corporation expressly prohibits any unauthorized commercial use of the Site and Service. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password. The .tv Corporation has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, The .tv Corporation reserves the right at all times to monitor, review, retain and/or disclose any information as it deems necessary, in its sole discretion, to satisfy any applicable law, regulation, legal process or governmental request or as consistent with its Privacy Policy.
INTELLECTUAL PROPERTY
".tv" and the ".tv" marks and logos are trademarks and service marks of The .TV Corporation International. All other trademarks, service marks and logos used on this Site are the property of their respective owners. All text, graphics and multimedia content available from this Site and pages within this Site and all related code, including, but not limited to, the .tv mark, the ".tv" logo, HTML, other mark-up languages, and all scripts within this Site ("Intellectual Property") are the property of The .tv Corporation, its partners, or its licensors and are protected by copyright, trademark and other intellectual property laws. The Intellectual Property may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way. Unless otherwise expressly permitted in writing by the owner of the Intellectual Property, the use of the Intellectual Property on any third party Web site or computer environment is prohibited.
If you believe any material on the Site is infringing your copyrights or the copyrights of a third party, please contact The .tv Corporation immediately. Pursuant to the Digital Millennium Copyright Act, The .tv Corporation has designated a registered agent to receive copyright infringement claims (the "Designated Agent"). You may notify The .tv Corporation of alleged copyright infringement by contacting the Designated Agent at: info@www.tv.
The .tv Corporation POLICIES
You acknowledge and understand that by accepting the Terms of Service, you agree to be bound by any pertinent rules, policies or agreements that have been or in the future may be adopted by The .tv Corporation (the "The .tv Corporation Policies") and which are or in the future may be posted on this Site.
ACCURATE INFORMATION
As a condition of your use of the Services, you agree to: (1) provide current, complete and accurate information where required in the application or registration process; and (2) maintain and update this information as needed to keep it current, complete and accurate.
PRIVACY POLICY
You agree that The .tv Corporation shall have the right to use any information collected from you or provided by you in accordance with The .tv Corporation Privacy Policy.
THIRD PARTIES
You understand that The .tv Corporation may permit third party product and service providers ("Third Party Vendors") to advertise or offer their products and services on this Site ("Third Party Products") or have links to their own Web sites ("Linked Sites"), in order to facilitate the provision of Third Party Products to you. However, you acknowledge and agree that at no time is The .tv Corporation making any representation or warranty regarding any Third Party Products, nor will The .tv Corporation be liable to you or any third party for any claims arising from or in connection with such Third Party Products. You also understand and agree that the Linked Sites are not under the control of The .tv Corporation and The .tv Corporation is not responsible for the contents of any Linked Site or any link contained in a Linked Site, or any changes or updates to such Linked Sites. The .tv Corporation is not responsible for webcasting or any other form of transmission received from any Linked Site. The .tv Corporation is providing these links to Linked Sites to you only as a convenience, and the inclusion of any link does not imply endorsement by The .tv Corporation of the Linked Site.
WAIVER OF CLAIMS
By accessing or using the Site, you hereby and forever waive any and all claims you have now or may have in the future against The .tv Corporation and its officers, directors, shareholders, related companies, employees, agents, subcontractors (including Network Solutions, Inc.) and attorneys ("Related Parties") relating to any infringement of the trademark rights, right of publicity or privacy, or other intellectual property rights you may have in any word or name registered as a domain name in the .tv top level domain. You hereby disclaim and waive any rights and claims you may have against The .tv Corporation and its Related Parties with respect to Third Party Products or Linked Sites, to the maximum extent permitted by law. YOU HEREBY WAIVE ANY CLAIM THAT THE FOREGOING LIMITATION OF LIABILITY DEPRIVES YOU OF AN ADEQUATE REMEDY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE AND/OR THE SERVICE IS TO STOP USING THIS SITE AND/OR THE SERVICE. YOU FURTHER AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR USE OF THE SERVICE OR OTHERWISE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
LIMITATION OF LIABILITY
You specifically agree that The .tv Corporation and its Related Parties shall not be liable for losses or liabilities arising in connection with your use of this Site or the Service, including, but not limited to loss or liability:
arising in connection with your use of the Domain Name Registration Service or other value-added service you purchase from or through The .tv Corporation ;
resulting from data non-delivery, data mis-delivery or unauthorized access to transmissions or data;
resulting from acts of God;
resulting from the unauthorized use or misuse of your account number or password;
from threatening, defamatory, obscene, offensive or illegal content or conduct of any third party;
arising in connection with your infringement of a third party's right, including intellectual property rights;
resulting from errors, omissions or misstatements in any and all information or services provided by The .tv Corporation to you;
resulting from the development or interruption of your Web site;
from your inability to use a domain name registered to you;
that you may incur in connection with The .tv Corporation's processing of your application for the Service; or
resulting from the application of The .tv Corporation's Dispute Policy.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, The .tv Corporation AND ITS RELATED PARTIES SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, THE TERMS OF SERVICE OR THE SERVICE, OR INFORMATION CONTAINED WITHIN THIS SITE, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE ADVISED The .tv Corporation OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
INDEMNIFICATION
You agree to release, indemnify, defend and hold The .tv Corporation, and its Related Parties harmless from any liabilities, claims, demands, losses, costs and expenses, or damages, including attorneys' fees, asserted by any third party ("Claims") due to or arising out of your use of or conduct on this Site or the Service. Without limiting the generality of the foregoing, you specifically agree to release, indemnify, defend and hold The .tv Corporation, and its Related Parties harmless from any Claims due to or arising out of your indication of interest, registration or attempted registration of any domain name.
NO WARRANTIES
THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, The .tv Corporation DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The .tv Corporation DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
LIMITED DISTRIBUTION AND TERRITORIAL CONSIDERATIONS
Unless otherwise specified, all materials and services in this Site are presented solely for the use in the United States, its territories, possessions and protectorates. The .tv Corporation controls and operates this Site from its offices within the State of Virginia, U.S.A. and all transactions conducted on the Site are conducted in the State of Virginia. The .tv Corporation makes no representation that materials in this Site are appropriate or available for use in other locations. Those users who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Use of or access to this Site should not be construed as the purposeful availment of the benefits or privilege of doing business in any state or jurisdiction other than the State of Virginia by The .tv Corporation .
MODIFICATIONS
You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore, you agree that The .tv Corporation shall have the right, in its sole discretion, to modify the The .tv Corporation Policies from time to time. Any such modification shall be binding and effective immediately upon posting of the modified The .tv Corporation Policies on this Site, except for modifications to the Dispute Policy, which shall be effective thirty (30) days from posting on this Site. You agree to periodically review this Site to be aware of any such modifications. The .tv Corporation reserves the right to withdraw, suspend or discontinue, in its sole discretion, any functionality or features in this Site, including the cessation of all activities and services associated with this Site.
GENERAL PROVISIONS
No Relationship Created.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The .tv Corporation as a result of the Terms of Service or your use of the Service.
Compliance with Laws.
The .tv Corporation's performance of the Terms of Service is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of The .tv Corporation's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by The .tv Corporation with respect to such use.
Severability.
If any part of the Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Service shall continue in effect. If no enforceable provision can be substituted, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
Electronic Form.
A printed version of the Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Governing Law; Jurisdiction.
The Terms of Service and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, excluding its conflict of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Alexandria Division for any disputes between us under or arising out of this Agreement. If there is no jurisdiction in the United States District Court for the Eastern District of Virginia, Alexandria Division, for any disputes between us under or arising out of this Agreement you and we agree that jurisdiction shall be in the courts of Fairfax County, Fairfax, Virginia.
Registration Agreement
This REGISTRATION and SERVICES AGREEMENT (the "Agreement") is entered into by and between The .tv Corporation International ("The .tv Corporation") and you regarding your registration of domain name(s) ("Domain Name(s)") and/or purchase of services ("Services") provided by The .tv Corporation and offered by us or through a registrar partner of ours ("Partner") (collectively, "we" or "us").
This Agreement, the policies of The .tv Corporation ("The .tv Corporation Policies"), and the policies of each applicable domain name registry ("Registry Policies"), govern your registration and use of the Domain Name(s) and any Services purchased by you, and explain the rights and obligations that exist between us in connection with the Domain Name(s) and the Services. Please carefully read this Agreement, The .tv Corporation Policies, and the Registry Policies and indicate your acceptance of this Agreement by clicking on the appropriate button at the end of the payment and check out page on our Web site ("CheckOut Page"). In the event you are registering the name through a Partner that does not provide a "click to accept" button, you agree that this Agreement shall still be a binding and enforceable agreement between you and us.
The following General Terms and Conditions of this Agreement apply to each Domain Name registered and each Service purchased by you. Following these General Terms and Conditions are additional terms and conditions that apply to Domain Names registered in specific top-level domains.
General Terms and Conditions
Binding Agreement and Registration Date. This Agreement is not effective until accepted by us. We may accept or reject this Agreement for any reason, in our sole discretion, including, but not limited to, rejection due to a request for a prohibited domain name. We will accept this Agreement by registering or causing the registration of the Domain Name in your name with the applicable Registry or confirming your purchase of a Service by e-mail or otherwise. The date on which we register or cause the registration of the Domain Name in your name or confirm your purchase of the Services is the "Registration Date" and begins your term of registration for that Domain Name or Service.
The .tv Corporation Policies. The .tv Corporation is a registrar and/or authorized reseller of Domain Names in many top-levels, including .tv, .cc, .info, .biz, and .org. In addition, The .tv Corporation manages the authoritative registry for all Domain Names that end in ".tv". Asian character .tv Domain Names are also subject to the limitations set forth in the Asian Character Domain Name FAQ, which are incorporated herein by reference. For Domain Names other than .tv Domain Names, The .tv Corporation may submit your application through a Partner which will communicate with the applicable Registry on your behalf to register the Domain Name you requested. You agree to be bound by and comply with The .tv Corporation Policies in addition to the policies of each applicable Registry, including amendments and modifications thereto, with respect to the registration, purchase, and/or use of Domain Names and Services. The Registry Policies for each top-level domain may be found through the Internet Corporation for Assigned Names and Numbers (“ICANN”) Web site located at www.icann.org.
Annual Registration Fees. The annual registration fees charged for Domain Names ("Annual Registration Fee") or fees for applicable Services are as set forth in the CheckOut Page at the time of purchase. If you registered a Domain Name through The .tv Corporation Web site at www.tv, your Domain Name registration term will automatically renew and you will be automatically charged for additional one year terms on the applicable anniversary of your Registration Date. If you used a credit card, we reserve the right to automatically charge your credit card the next year's Annual Registration Fee at the beginning of the next unpaid year. If you are paying by credit card, you represent and warrant that you are the rightful owner or are a properly authorized user of the credit card account. In the event of a charge back by a credit card company or a similar action by another payment provider, you understand and agree that we shall retain all rights regarding the Domain Name registration or applicable Service, including, without limitation, the right to terminate this Agreement and/or suspend, cancel, transfer, or modify your registration of the Domain Name or applicable Service. You agree that all fees paid by you to us are non-refundable, in whole or in part, even if the Domain Name is suspended, cancelled, or transferred or the Service is terminated prior to the end of the then-current term.
Transfer of the Domain Name.
Change of Registrant. In the event you desire or are required to make any change to the name or identity of the Registrant of the Domain Name (a "Change of Registrant"), you agree to comply with the transfer requirements set forth herein together and with such other transfer requirements as may be mandated by us, Partner, or the applicable domain name registry ("Registry"). You agree that prior to making a Change of Registrant to another person (the "Transferee") you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. We will not make a Change of Registrant until we receive such written or other reasonable assurances that the Transferee has been bound by the terms of this Agreement, along with any applicable Change of Registrant fee. Unless otherwise specified by a Registry, no Change of Registrant fee shall apply for an approved Change of Registrant from employee to employer.
Transfer to Another Registrar. In the event you desire to change your Registrar ("Registrar Transfer") from us to another registrar you may do so only if permitted by the applicable Registry and pursuant to the procedures set forth on the applicable Registry's Web site and/or such other procedures required by us. In the event you transfer your domain name or should the domain name otherwise be transferred to another Registrar, the terms and conditions of this Agreement shall cease and shall be replaced by the new Registrar's contractual terms then in force for Domain Name registration.
Registration Information and Its Use.
Required Information. As part of the process for the registration of Domain Names or purchase of Services, you will be requested to provide certain specified information ("Required Information"). In the event you fail to provide or maintain accurate Required Information, or you fail to promptly update Required Information within five (5) calendar days of a request by us (or such other period of time as may be required or permitted by a Registry), we shall have the right to terminate this Agreement and/or cancel, suspend, transfer, or modify your registration of the Domain Name and/or Services. You may access your Required Information or information concerning your Domain Name registration to review, modify, or update such information, by accessing your Domain Name account or manager service, or by such other method as we or Partner may provide.
Privacy Policy. You understand and agree that we will make Domain Name Registration information, including personally identifiable information, available to ICANN, each applicable Registry, and such other third parties as ICANN and applicable laws may require or permit. In addition, you understand and agree that we may maintain a publicly available "whois" directory for Domain Name Registrations. The .tv Corporation's Privacy Policy sets forth The .tv Corporation's policy regarding use and disclosure of the information collected and maintained by The .tv Corporation. If you registered a Domain Name on a Partner's site, you agree to review Partner's Web site for its privacy policies regarding use and disclosure of your information. You further agree to review the applicable Registry's Web site for information on its use and disclosure of your information. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a Domain Name (including any updates to such information), whether during or after the term of your registration of the Domain Name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Domain Name registration information by us.
Third Party Information. In the event that you provide any information about a third party ("Third Party Data") in connection with your registration of a Domain Name or purchase of Services, you hereby represent and warrant that you have provided notice to, and have obtained consent from, such third party with regard to: (i) the purposes for which Third Party Data has been collected; (ii) the intended recipients or categories of recipients of Third Party Data; (iii) which parts of Third Party Data are obligatory and which parts, if any, are voluntary; and (iv) how such third party can access Third Party Data. We are not responsible for any consequences, if any, resulting from your failure to provide notice or receive consent as contemplated herein or your provision of outdated, incomplete or otherwise inaccurate Third Party Data.
Ownership of Data. You agree that The .tv Corporation owns all rights, title, and interest worldwide in its databases containing information regarding registrants of Domain Names or purchasers of Services (the "Database") and all information and derivative works generated from the Database. You further agree that The .tv Corporation owns all information The .tv Corporation generates or obtains in connection with your registration of a Domain Name or purchase of a Service. Notwithstanding the foregoing, The .tv Corporation do does not have any ownership interest in your specific personal information, the IP addresses and the corresponding names of the primary nameserver and any secondary nameservers for the Domain Name(s) outside of its the rights in the our Database.
Registrant's Representations and Warranties. You represent and warrant that:
you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder;
in the event you are registering the Domain Name or purchasing a Service on behalf of a third party, you have the authority to bind that third party as a principal party to all terms and conditions provided herein;
to the best of your knowledge, neither the registration of the Domain Name nor the manner in which you intend to use the Domain Name will directly or indirectly infringe or dilute the legal rights of any third party or violate any applicable law;
we have not made any representation to you, and you have in no way relied on any of our representations, as to your legal ability to register or use the Domain Name;
the information submitted by you to Partner or us is true, accurate, and correct, and you shall promptly notify Partner or us of a change of any information previously submitted to Partner or us; and
in the event you license the use of the Domain Name registered to you to a third party, you agree that you shall remain the Domain Name holder of record, and shall remain responsible for all obligations under this Agreement.
Our Representations and Warranties. ANY DOMAIN NAME OR SERVICES PROVIDED BY US UNDER THIS AGREEMENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE REGISTRATION OF DOMAIN NAMES OR PROVISION OF SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO THE DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION, OR TRANSFER OF THE DOMAIN NAME.
Disputes Involving Registrant. You acknowledge that we do not, and cannot, screen, review, evaluate, or investigate your legal right to use the Domain Name(s). In the event any third party disputes your right to display, exploit, register, or otherwise use the Domain Name(s) in any fashion, you shall act in accordance with, and be bound by, our Dispute Policies. The .tv Corporation (Dispute Policy) has adopted the Uniform Domain Name Dispute Resolution Policy established by ICANN and has also adopted the dispute resolution policies required by individual Registries.
Indemnity. You agree to defend, indemnify, and hold us harmless, and our officers, directors, shareholders, licensors (including each Registry), related companies, employees, agents, and attorneys (collectively, "Related Parties") from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees (which attorneys shall be hired at our sole discretion), and costs brought by third parties against us and/or our Related Parties arising from or in connection with this Agreement, or your registration or use of the Domain Name or the Services, or claims brought against us and/or our Related Parties by you in which we and/or our Related Parties prevail (collectively, the "Claims"). The Claims shall include, without limitation, those based on infringement of intellectual property rights, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation, or injury to business reputation.
Disclaimer; Limitation of Liability. WE AND OUR RELATED PARTIES DISCLAIM ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO, (a) OUR REJECTION OF YOUR APPLICATION TO REGISTER A DOMAIN NAME OR TO PURCHASE SERVICES; (b) ERRORS RELATED TO PROCESSING OF YOUR APPLICATION TO REGISTER A DOMAIN NAME OR TO PURCHASE SERVICES; (c) APPLICATION OF THE DISPUTE POLICY; (d) USE OR INABILITY TO USE A DOMAIN NAME OR THE SERVICES; (e) SUSPENSION, TERMINATION, CANCELLATION, OR OTHER LOSS OF YOUR REGISTRATION OF A DOMAIN NAME OR THE SERVICES, or (f) EVENTS BEYOND OUR REASONABLE CONTROL. UNDER NO CIRCUMSTANCES SHALL WE OR OUR RELATED PARTIES BE LIABLE FOR 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 WE OR OUR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR OWN OR OUR RELATED PARTIES' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Breach and Revocation.
You agree that we shall have the right to suspend, cancel, transfer, or modify your registration of a Domain Name or the Services and/or terminate this Agreement in the event you materially breach this Agreement and do not cure such breach within thirty (30) days of notice by us, except where this Agreement specifically provides otherwise. In the event we suspend, cancel, transfer, or modify your registration of a Domain Name or terminate this Agreement pursuant to this section, you agree that we are not obligated to refund or seek a refund from Partner for any fees previously paid by you.
You agree that we shall have the right to suspend, cancel, transfer, or modify your registration of a Domain Name pursuant to any ICANN policy or procedure, pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, or for the resolution of disputes concerning the Domain Name. In the event we suspend, cancel, transfer, or modify your registration of a Domain Name or terminate this Agreement pursuant to this section, you agree that we are not obligated to refund or seek a refund from Partner for any fees previously paid by you.
You agree that we shall have the right to refuse to register or reserve your chosen Domain Name or provide you other Services for thirty (30) days from receipt of your payment. In the event we do not register or reserve your Domain Name or provide you such other Services, or we cancel or delete your Domain Name or other Services within such thirty (30) day period, pursuant to this section, we agree to use our commercially reasonable efforts to cause Partner to refund to you any applicable fees you have paid.
You agree we shall have the right to suspend, cancel, transfer, or modify your registration of a Domain Name or purchase of a Service to correct mistakes by us or the Registry in registering the Domain Name or selling the Services. In the event we cancel or transfer the Domain Name registration or the Services pursuant to this section, we agree to use our commercially reasonable efforts to cause Partner to refund to you any applicable fees you have paid.
Modifications. You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore, you agree that we shall have the right, in our sole discretion, to modify the terms and conditions of this Agreement, and/or The .tv Corporation Policies from time to time. Any modification by us shall be binding and effective immediately upon posting of the modified Agreement or modified The .tv Corporation Policies, as applicable, on our Web site, except for modifications to the Dispute Policy, which shall be effective thirty (30) days from posting on our Web site. You agree to periodically review our Web sites to be aware of any such modifications. If you do not agree with any such modification, your sole remedy is to terminate this Agreement (thereby canceling your registration of the Domain Name(s) or Services) by providing us with notice of your intention to terminate this Agreement within thirty (30) days of the effectiveness of such modification. In the event notice is not received within such time period, you will be deemed to have agreed to the modification. Modifications that entitle you to cancel your registration include only such modifications as materially and adversely impact your registration. Notice of your termination shall be effective upon our receipt of such notice. You hereby acknowledge and agree that we are not obligated to refund nor seek a refund from Partner for any fees paid by you in the event you terminate pursuant to this section of the Agreement.
Notices. All notices between us which are permitted or required under this Agreement shall be in writing and shall be delivered by personal delivery, courier delivery, electronic mail, facsimile, and/or by registered or certified mail, return receipt requested, and shall be deemed given upon delivery, electronic confirmation of e-mail or facsimile transmission, or seven calendar days after deposit in the mail, whichever occurs first. Notices to you shall be delivered to one of the addresses listed in the database for you. Notices to us shall be delivered to the following address, unless we post a different address on our Web site, in which case notices to us shall be delivered to that address: VeriSign, Inc., Attention: Legal Department - .tv Corporation, 21355 Ridgetop Circle, Dulles, VA 20166; Fax: (703) -450-7492; or e-mail: info@www.tv.
Governing Law/Forum Selection. This agreement is governed by the laws of the Commonwealth of Virginia, USA applicable to contracts made and performed in the Commonwealth of Virginia, without regard to Virginia's conflict of laws principles. You hereby consent to the exclusive jurisdiction of the federal courts sitting in the Eastern District of Virginia, and the state courts sitting in Fairfax County, Virginia, USA for any and all claims or disputes against us. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason and waive all rights, if any, to a trial by jury.
Severability. If any provision of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall not be affected thereby and shall continue in full force and effect as nearly possible to reflect the original intention of us and Registrant in executing this Agreement.
No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
Integration, Successors and Assigns. This Agreement, together with the policies and documents incorporated by reference herein, constitutes the entire agreement between you and us relating to the your registration, purchase, and/or use of the Domain Name(s) and the Services and supersedes all prior or contemporaneous agreements with respect thereto, except to the extent specifically set forth in a written agreement signed by you and us. This Agreement shall be binding on any successors and assigns of the parties hereto.
Written Agreement. This Agreement constitutes a written agreement between us and you even though it is not physically signed by the parties hereto. A printed version of this Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
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SCHEDULE A
.tv Terms and Conditions
The following additional terms and conditions apply to the registration of domain names in the .tv top level domain. "We" or "us" refers to The .tv Corporation acting as registrar and as the registry for the .tv top level domain. The term "Registry" also refers to The .tv Corporation, acting as the registry for the .tv top level domain.
INTELLECTUAL PROPERTY LAWS, RIGHTS OF PUBLICITY AND PRIVACY, AND OTHER CONSIDERATIONS MAY LIMIT OR EVEN PROHIBIT CERTAIN USES OF WORDS, LETTERS OR COMBINATIONS THEREOF IN A DOMAIN NAME. THE .TV CORPORATION MAKES NO REPRESENTATIONS OR ASSURANCES REGARDING ANY RESTRAINTS ON REGISTRATION OR USE OF DOMAIN NAMES. YOU SHOULD CONSULT LEGAL COUNSEL PRIOR TO EXPRESSING INTEREST OR REGISTERING ANY DOMAIN NAME WITH THE .TV CORPORATION TO DETERMINE WHETHER YOUR PROPOSED DOMAIN NAME MAY BE USED FOR THE INTENDED PURPOSE UNDER APPLICABLE LAW
Term. Your right to use each Domain Name registered will commence as of the Registration Date and will continue for a period of one (1) to ten (10) years as selected by you, subject to a minimum of two (2) years for registrations made through our Web site (unless otherwise specifically provided on the Check Out Page after the date hereof) ("Initial Term").
Transfer of Domain Name
Change of Registrant. In the event you desire or are required to make any change to the name of the Registrant of the Domain Name (a "Change of Registrant"), you agree to pay The .tv Corporation prior to the effective date of such Change of Registrant a transfer fee for processing and handling of the change (the "Change of Registrant Fee") equal to the current first-year value of the domain name. All current prices can be found in our Pricing Policy. You further agree that as a condition to any Change of Registrant of the Domain Name, the person or entity to whom the Domain Name will be transferred (the "Transferee") shall agree in writing to become a party to and be bound by this Agreement. You agree that if you attempt a Change of Registrant without paying us the Change of Registrant Fee, or if the Transferee fails to agree in writing to become a party to and be bound by this Agreement, or otherwise fail to meet any requirement to such Change of Registrant published by The .tv Corporation on our Web site, any such Change of Registrant will be null and void.
Transfer to Another Registrar. You understand and agree that The .tv Corporation does not currently support changes in Registrar.
Ownership of Data. You agree that The .tv Corporation owns all rights, title, and interest worldwide in the database containing information regarding registrants of Domain Names (the "The .tv Corporation Database") and all information and derivative works generated from The .tv Corporation Database. Notwithstanding the foregoing, The .tv Corporation does not have any ownership interest in your specific personal information, the IP addresses and the corresponding names of the primary nameserver and any secondary nameservers for the Domain Name outside of its rights in The .tv Corporation Database.
Use of the Domain Name.
You agree that you will not register, use, display, or exploit the Domain Name in contravention or violation of The .tv Corporation Policies, in contravention of the laws of any jurisdiction where the Domain Name is accessible, or for any unlawful purpose, including, but not limited to, child pornography, child entrapment or abuse, advocacy of hatred, bigotry, or violence towards persons or groups on the basis of their religion, race, ethnicity, sexual orientation, or other immutable characteristics, theft of E-mail service, or as a source of unsolicited bulk E-mail or as an address to use for replying to unsolicited bulk E-mail.
You will register, use, display, and exploit the Domain Name in good faith, and in accordance with international, federal, and state laws and regulations.
You will not use the Domain Name to infringe upon or dilute the trademark, intellectual property, or other rights of any third party.
In the event you use the Domain Name other than as set forth above, The .tv Corporation shall have the right to cancel, suspend, transfer, or modify your registration of the Domain Name immediately without prior notice.
Representations and Warranties of Registrant. You represent and warrant that:
you understand that use of the Domain Name may be subject to applicable laws in all jurisdictions in which the Domain Name is used or accessible, including those concerning trademarks and other types of intellectual property;
you understand that it is your obligation to determine whether you have the right to use the Domain Name and to determine whether your use of the Domain Name will infringe upon or dilute the trademark or other rights of any third party;
you understand that use of the Domain Name is subject to all terms and conditions of this Agreement and The .tv Corporation Policies; and
you shall not publicly offer, advertise, or otherwise make available the delegation of subdomains from the Domain Name.
Disputes Involving Registrant. You acknowledge that The .tv Corporation does not, and cannot, screen, review, evaluate, or investigate your legal right to use a Domain Name. In the event any third party disputes your right to display, exploit, register, or otherwise use a Domain Name in any fashion, you shall act in accordance with, and be bound by, The .tv Corporation's Dispute Policy. The .tv Corporation has adopted the Uniform Domain Name Dispute Resolution Policy established by ICANN. In accordance with ICANN procedures, domain name disputes involving .tv domain names are administered by the World Intellectual Property Organization Arbitration and Mediation Center ("WIPO"), among others. For further information regarding dispute resolution procedures, go to http://arbiter.wipo.int/domains.
Disclaimer; Limitation of Liability. THE .TV CORPORATION AND ITS RELATED PARTIES DISCLAIM ANY OR ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO, (A) REJECTION OF YOUR APPLICATION TO REGISTER .TV DOMAIN NAMES; (B) ERRORS RELATED TO PROCESSING OF YOUR APPLICATION TO REGISTER .TV DOMAIN NAMES; (C) APPLICATION OF THE DISPUTE POLICY; (D) USE OR INABILITY TO USE .TV DOMAIN NAMES; (E) SUSPENSION, TERMINATION, CANCELLATION, OR OTHER LOSS OF YOUR REGISTRATION OF .TV DOMAIN NAMES, OR (F) EVENTS BEYOND THE .TV CORPORATION'S REASONABLE CONTROL. UNDER NO CIRCUMSTANCES SHALL THE .TV CORPORATION OR ITS RELATED PARTIES BE LIABLE FOR 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 REGISTRY OR ITS RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE .TV CORPORATION'S OR ITS RELATED PARTIES' MAXIMUM AGGREGATE LIABILITY EXCEED US $500. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE .TV CORPORATION'S AND ITS RELATED PARTIES' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Suspension, cancellation, or transfer of Domain Names. You agree that your registration of any .tv Domain Name(s) shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by The .tv Corporation or a third party in registering the Domain Name(s) or (2) for the resolution of disputes concerning the Domain Name. You agree that The .tv Corporation shall not be liable to you for loss or damages that may result from any such suspension, cancellation, or transfer.
Modifications. You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore, you agree that The .tv Corporation shall have the right, in its sole discretion, to modify the terms and conditions of The .tv Policies from time to time. Any modification by The .tv Corporation shall be binding and effective immediately upon posting of the modified The .tv Corporation Policies on our Web site, except for modifications to the Dispute Policy, which shall be effective thirty (30) days from posting on our Web site. You agree to periodically review our Web site to be aware of any such modifications. If you do not agree with any such modification, your sole remedy is to terminate this Agreement (thereby canceling your registration of the Domain Name) by providing us with notice of your intention to terminate this Agreement. For clarification, only modifications that materially and adversely impact your registration entitle you to cancel your registration under this Section. You hereby acknowledge and agree that The .tv Corporation will not refund any fees paid by you to Partner, or The .tv Corporation in the event you terminate this Agreement. By continuing to use a Domain Name after a modification becomes effective, you agree to abide by and be bound by such modification.
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SCHEDULE B
.INFO Terms and Conditions
The following additional terms and conditions apply to the registration of Domain Names in the .info top level domain. "We" or "us" refers to The .tv Corporation and/or our Partner, and "Registry" refers to Afilias, Inc. which acts as the registry for the .info top level domain.
Term. Your right to use each Domain Name registered will commence as of the Registration Date and will continue for a minimum of two (2) years ("Initial Term").
Registrant Information. You shall provide accurate and reliable contact details and immediately correct and update them during the term of the registration, as provided in the Agreement. You agree that your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided by you, or your failure to respond for over fifteen (15) calendar days to inquiries concerning the accuracy of contact details associated with your Domain Name Registration shall constitute a material breach of this Agreement and be a basis for cancellation of the registration.
Domain Name Disputes. You agree that in connection with disputes over your Domain Name Registration:
Jurisdiction. You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where we are located.
Dispute Policy. If you have registered your name during the Sunrise Period, you agree to be bound by the Sunrise Dispute Resolution Policy ("Sunrise Dispute Policy") found at (www.afilias.com/faq/sunrise-challenge.html). In addition you agree to comply with the Uniform Domain Name Dispute Resolution Policy identified on ICANN's Web site (www.icann.org/general/consensus-policies.htm), until different policies and procedures are established by us, the Registry or ICANN for resolution of 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.
Transfer of the Registrar. You may request a change to your Registrar ("Registrar Transfer") pursuant to the procedures set forth on our Web site and such other procedures required by us, ICANN, or our Partner. In the event you elect to transfer a Domain Name from another Registrar to your account with us, and the transfer request is approved, you agree that we or our Partner will become your Registrar of Record for that Domain Name. In the event you transfer your domain name away from us, or should the domain name otherwise be transferred to another Registrar, the terms and conditions of this Agreement shall cease and shall be replaced by the new Registrar's contractual terms then in force for Domain Name registration. You agree that you will be prohibited from making a Registrar Transfer during the first 60 days after the initial registration of the Domain Name. Beginning the 61st day after the initial registration, you may request a Registrar Transfer to another Registrar.
Suspension, cancellation, or transfer of Domain Names. You agree that your registration of the Domain Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by us, the Registry or a third party in registering the name or (2) for the resolution of disputes concerning the Domain Name.
Right of Refusal. You agree and understand that the Registry reserves the right to refuse to register or reserve your chosen Domain Name within thirty (30) calendar days from receipt of your payment. In the event the Registry does not register or reserve your domain name, or it deletes your domain name within such thirty (30) calendar day period, you agree that the Registry shall not be liable to you for loss or damages that may result from the refusal to register, reserve, or delete your domain name.
Consent to use of Information. You consent to use, copying, distribution, publication, modification, and other processing of registered name holder's personal data by Registry and its designees and agents in a manner consistent with the Registry requirements.
Limitation of Liability. You acknowledge that the Registry will have no liability of any kind for any loss of liability resulting from the proceedings and process 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.
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SCHEDULE C
.BIZ Terms and Conditions
The following additional terms and conditions apply to the registration of domain names in the .biz top level domain. "We" or "us" refers to The .tv Corporation and/or our Partner, and "Registry" or "Registry Operator" refers to Neulevel, Inc., which acts as the registry for the .biz top level domain.
Term. Your right to use each Domain Name registered will commence as of the Registration Date and will continue for a minimum of two (2) years ("Initial Term").
.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:
To exchange goods, services, or property of any kind;
In the ordinary course of trade or business; or
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 Representation and Warranty. As a .biz Domain Name registrant, you hereby certify to the best of your knowledge that:
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: www.neulevel.com/countdown/registrationRestrictions.html.
You have the authority to enter into this agreement; and
The registered Domain Name is reasonably related to your business or intended commercial purpose at the time of registration.
.biz Registration Information and Privacy.
Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the Domain Name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the Domain Name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the Domain Name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Domain Name; and (viii) any remark concerning the registered Domain Name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN and/or the Registry and may be sold in bulk in accordance with ICANN policy.
Inaccurate or Unreliable Data. You agree that your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over five (5) calendar days to inquiries concerning the accuracy of contact details associated with your Domain Name Registration(s) shall constitute a material breach of this Agreement and be a basis for cancellation of the registration.
Privacy. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") may be used by us in connection with the registration of your Domain Name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
.biz Dispute Policy. If you reserved or registered a .biz Domain Name through us, you agree to be bound by the Registry's 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:
(i) The Uniform Domain Name Dispute Resolution Policy, available at www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Policy ("RDRP"), available at www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the dispute resolution policies related to disputes between a registrant of a .biz Domain Name ("Registrant") and 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 is a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level Domain Name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the dispute resolution policies disputes 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 RDRP 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 STOP or UDRP processes.
.biz Dispute Policy Modifications. You agree that we or the Registry, in our sole discretion, may modify our dispute policy. We or the Registry will post any such revised policy on our respective Web sites 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 or the Registry will not refund any fees paid by you if you terminate your Agreement with us.
.biz 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. Registry 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 Registry and its affiliates, subsidiaries, officers, directors, and employees. Registry also reserves the right to freeze a Domain Name during resolution of a dispute.
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SCHEDULE D
.CC Terms and Conditions
The following additional terms and conditions apply to the registration of domain names in the .cc top level domain ("TLD"). "We" or "us" refers to The .tv Corporation and/or our Partner, and "Registry" refers to eNIC Corporation, which currently acts as the registry for the .cc top level domain.
Term. Your right to use each Domain Name registered will commence as of the Registration Date and will continue for a period of one (1) to ten (10) years as selected by you ("Initial Term").
Registrant Information. You shall provide accurate and reliable contact details and promptly correct and update them during the term of the registration, as provided in the Agreement. You agree that your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided by you, or your failure to respond for over five (5) calendar days to inquiries concerning the accuracy of contact details associated with your Domain Name Registration shall constitute a material breach of The .tv Corporation Registrant Agreement and be a basis for cancellation of the registration.
Compliance with Registry Policies and Procedures. Your registration of a domain name in the .cc TLD is subject to policies established or revised from time to time by the Registry. The Registry's current policies can be found at www.enic.cc/policies/. You agree to be bound by and comply with the applicable Registry policies, including any amendments and modifications thereto. Such policies shall not alter the terms and conditions of this Agreement. To the extent there is a conflict between the Registry's policies and the terms and conditions of this Agreement, the terms of this Agreement shall prevail. You agree that the Registry shall have the right to enforce its policies.
Registry Actions or Inactions. Our ability to provide services to you depends in part upon the provision of services by third parties, such as the .cc Registry. We cannot control and will not be responsible for the actions or inactions of such third parties. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses, or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including, but not limited to, the .cc Registry (for example, the .cc Registry reserves the right to deny, delete, transfer, or freeze any domain name registration for a variety of reasons, none of which we can control).
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SCHEDULE E
.org Terms and Conditions
The following additional terms and conditions apply to the registration of Domain Names in the .org top level domain. "We" or "us" refers to The .tv Corporation and/or our Partner, and "Registry" refers to Public Interest Registry which acts as the registry for the .org top level domain.
Term. Your right to use each Domain Name registered will commence as of the Registration Date and will continue for a period of one (1) to ten (10) years as selected by you ("Initial Term").
Registrant Information. You shall provide accurate and reliable contact details and immediately correct and update them during the term of the registration, as provided in the Agreement. You agree that your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided by you, or your failure to respond for over fifteen (15) calendar days to inquiries concerning the accuracy of contact details associated with your Domain Name Registration shall constitute a material breach of this Agreement and be a basis for cancellation of the registration.
Domain Name Disputes. You agree that in connection with disputes over your Domain Name Registration:
Jurisdiction. You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where we are located.
Dispute Policy. You agree to comply with the Uniform Domain Name Dispute Resolution Policy identified on ICANN's Web site (www.icann.org/general/consensus-policies.htm), until different policies and procedures are established by us, the Registry or ICANN for resolution of 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.
Transfer of the Registrar. You may request a change to your Registrar ("Registrar Transfer") pursuant to the procedures set forth on our Web site and such other procedures required by us, ICANN, or our Partner. In the event you elect to transfer a Domain Name from another Registrar to your account with us, and the transfer request is approved, you agree that we or our Partner will become your Registrar of Record for that Domain Name. In the event you transfer your domain name away from us, or should the domain name otherwise be transferred to another Registrar, the terms and conditions of this Agreement shall cease and shall be replaced by the new Registrar's contractual terms then in force for Domain Name registration. You agree that you will be prohibited from making a Registrar Transfer during the first 60 days after the initial registration of the Domain Name. Beginning the 61st day after the initial registration, you may request a Registrar Transfer to another Registrar.
Suspension, cancellation, or transfer of Domain Names. You agree that your registration of the Domain Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by us, the Registry or a third party in registering the name or (2) for the resolution of disputes concerning the Domain Name.
Right of Refusal. You agree and understand that the Registry reserves the right to refuse to register or reserve your chosen Domain Name within thirty (30) calendar days from receipt of your payment. In the event the Registry does not register or reserve your domain name, or it deletes your domain name within such thirty (30) calendar day period, you agree that the Registry shall not be liable to you for loss or damages that may result from the refusal to register, reserve, or delete your domain name.
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SCHEDULE F
.BZ Terms and Conditions
The following additional terms and conditions apply to the registration of domain names in the .bz top level domain. "We" or "us" refers to The .tv Corporation and/or our Partner, and "Registry" refers to VeriSign Naming and Directory Services, Inc. which currently acts as the registry for the .bz top level domain.
Term. Your right to use each Domain Name registered will commence as of the Registration Date and will continue for a period of one (1) to ten (10) years as selected by you ("Initial Term").
Registrant Information. You shall provide accurate and reliable contact details and promptly correct and update them during the term of the registration, as provided in the Agreement. You agree that your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided by you, or your failure to respond for over fifteen (15) calendar days to inquiries concerning the accuracy of contact details associated with your Domain Name Registration shall constitute a material breach of The .tv Corporation Registrant Agreement and be a basis for cancellation of the registration.
Domain Name Disputes. You agree that in connection with disputes over your Domain Name Registrations:
Jurisdiction. You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where we are located.
Dispute Policy. You shall comply with the Uniform Domain Name Dispute Resolution Policy identified on ICANN's Web site (www.icann.org/general/consensus-policies.htm), until different policies and procedures are established by ICANN for resolution of 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 Registry's dispute policy in effect at the time of the dispute.
Transfer of the Registrar. You may request a change to your Registrar ("Registrar Transfer") pursuant to the procedures set forth on our Web site and such other procedures required by us, ICANN, or our Partner. In the event you elect to transfer a Domain Name from another Registrar to your account with us, and the transfer request is approved, you agree that we or our Partner will become your Registrar of Record for that Domain Name. In the event you transfer your domain name away from us, or should the domain name otherwise be transferred to another Registrar, the terms and conditions of this Agreement shall cease and shall be replaced by the new Registrar's contractual terms then in force for Domain Name registration. You agree that you will be prohibited from making a Registrar Transfer during the first 60 days after the initial registration of the Domain Name. Beginning the 61st day after the initial registration, you may request a Registrar Transfer to another Registrar.
Suspension, cancellation, or transfer of Domain Names. You agree that your registration of the Domain Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by us or the Registry in registering the name or (2) for the resolution of disputes concerning the Domain Name.
Right of Refusal. You agree and understand that Registry reserves the right to refuse to register or reserve your chosen Domain Name within thirty (30) calendar days from receipt of your payment. In the event Registry does not register or reserve your domain name, or Registry deletes your domain name within such thirty (30) calendar day period, you agree that Registry shall not be liable to you for loss or damages that may result from its refusal to register, reserve, or delete your domain name.
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SCHEDULE G
Terms and Conditions for Additional ccTLDs
The following additional terms and conditions apply to the registration of domain names in the relevant country code top level domain. "We" or "us" refers to The .tv Corporation and/or our Partner, and "Registry" refers to the relevant authority or corporation which currently acts as the registry for the relevant country code top level domain.
Compliance with Registrar and Registry Policies. You agree to: (a) the applicable ccTLD registry operator's then current service agreement (including any amendments or modifications thereto by such registry operator), if required by such operator; or if such an agreement is not required, (b) be bound by the terms and conditions prescribed by the applicable registry operator. Such service agreements and/or terms and conditions may be found at the Web sites of the ccTLD registries. For your convenience, the current URLs for such Web sites are listed below. Although this information is believed to be correct, it is not guaranteed, and you are solely responsible for ascertaining the contents of any such policies and any amendments or modifications thereto. You represent and warrant that any order you submit for the services provided hereunder is compliant with applicable registry policies, terms and conditions. You further represent and warrant that any information provided by or through You to us in connection with the services hereunder is accurate and complete, and submitted in the form required by the applicable registry.
.be (Belgium)
Terms and Conditions: www.dns.be/eng/DomainInfo/enduser_termsandconditions.htm
.uk (United Kingdom)
Terms and Conditions: www.nominet.org.uk
Warranties. IN ADDITION TO ANY DISCLAIMER OF WARRANTIES IN THIS AGREEMENT, WE FURTHER DISCLAIM ANY WARRANTIES RELATED TO OR IN CONNECTION WITH THE PRODUCTS, SERVICES AND PERFORMANCE OF THIRD PARTIES IN CONNECTION WITH THIS AGREEMENT, AND SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO DELIVER SERVICES RESULTING FROM FACTORS OUTSIDE OUR CONTROL, INCLUDING ANY ACTS OF NON-PERFORMANCE BY THIRD PARTIES OR FOREIGN GOVERNMENTS, REGARDLESS OF WHETHER YOU ARE AWARE THAT ANY SUCH PRODUCT, SERVICE, OR PERFORMANCE IS PROVIDED BY A THIRD PARTY OR FOREIGN GOVERNMENT. IN THIS REGARD, YOU SPECIFICALLY ACKNOWLEDGE THAT EACH REGISTRY RESERVES THE RIGHT TO DENY, DELETE, TRANSFER, OR FREEZE ANY DOMAIN NAME REGISTRATION FOR A VARIETY OF REASONS, ALL OF WHICH ARE OUTSIDE OUR CONTROL.
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SCHEDULE H
E-Mail Service
The following specific terms and conditions govern The .tv Corporation E-Mail Service powered by USA.NET (the “E-Mail Service”), in addition to any terms and conditions required by USA.NET® Inc. (“USA.NET”) or other third party service provider:
Description of Service. The E-Mail Service is a Web-based e-mail service powered by USA.NET. In order to receive the E-Mail Service through The .tv Corporation, you must first register a Domain Name with The .tv Corporation. Each E-Mail Service account offers (i) a branded e-mail address (e.g yourname@ yourdomain.tv), (ii) worldwide message access at http://mail.yourdomain.tv and (iii) easy navigation and 24 hour customer support.
Pricing. Following registration of a Domain Name, you may sign up for Web-based e-mail account(s). The price of each Web-based e-mail account or mailbox is stated on your Check-Out Page.
Limitations on Service. Currently there is no fixed upper limit on the number of e-mail messages that you may send, receive or store through the E-mail Service or the number of addressees to whom you send e-mail; however, we reserve the right to set such limits. We assume no responsibility for the deletion, failure to store, or failure to timely deliver e-mail messages.
Conduct Rules. The following rules govern your use of the E-Mail Service:
You may not use the E-mail Service in a manner that violates any city, state, national, or international law or regulation, or which fails to comply with accepted Internet protocol.
You may not attempt to interfere in any way with The .tv Corporation networks or network security, or attempt to use the E-mail Service to gain unauthorized access to any other computer system, or to engage in acts designed to result in denial of service to users of any such networks or systems.
You may not use the E-mail Service for Spamming. Spamming includes, but is not limited to, the following:
bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients;
sending of junk mail;
use of distribution lists that include people who have not given specific permission to be included in such distribution process;
posting commercial ads to USENET newsgroups that do not permit it; and
excessive and repeated posting of off-topic messages to newsgroups or cross-posting.
You will immediately notify The .tv Corporation of any security breach in or unauthorized use of your E-mail Service account.
You may not interfere in any way with an Internet user's use of, or The .tv Corporation's provision of, the E-mail Service.
You may not resell, rent, lease, grant a security interest in, or make commercial use of the E-mail Service or any portion thereof without the express written consent of The .tv Corporation.
You may not transmit, through the E-Mail Service, any text, pictures, graphics, sound, video, or other data or software (collectively, “Content”) that (1) infringes on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (2) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination, or false advertising); (3) is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing; (4) is obscene or contains child pornography; or (5) contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to reverse engineer, decompile, damage, disassemble, detrimentally interfere with, surreptitiously intercept, expropriate, or otherwise contain damaging or destructive features.
You represent and warrant that you are at least 18 years of age, that you will not allow minors under the age of 18 to access the E-Mail Services, and that you will comply with the terms of the Children’s Online Privacy Protection Act in connection with your use of the E-Mail Services.
Microsoft Terms.
The E-Mail Service powered by USA.NET includes certain features and functions obtained from Microsoft Corporation (“Microsoft”). You agree that your use of the E-Mail Service is subject to the Microsoft terms and conditions set forth below as Exhibit 1 to this Schedule H (the “Microsoft Terms”), and you agree to be bound by and comply with the Microsoft Terms. You agree that you may use the features and functions provided by Microsoft only as part of and in connection with your use of the E-Mail Service.
You agree that you will not remove, modify or obscure any Microsoft copyright, trademark, or other proprietary rights notices that appear within or during your use of the E-Mail Service.
You disclaim, to the extent permitted by applicable law, all warranties by Microsoft and any liability by Microsoft for any damages, whether direct, indirect or consequential, arising from your use of the E-Mail Service.
Upon termination of E-Mail Service to you, you agree that you will remove all copies of the Microsoft software associated with the E-Mail Service and/or Redistribution Software (as defined in Exhibit 1 to this Schedule H) from your hardware devices.
USA.NET Terms and Conditions. The E-Mail Service is powered by USA.NET. You agree that your use of the E-Mail Service is subject to the USA.NET Email Terms and Conditions, the current version of which is available at www.usa.net/tandc (the “USA.NET Terms and Conditions”), and you agree to be bound by the USA.net Terms and Conditions, including the policies within the USA.NET Terms and Conditions relating to privacy and the use of the E-Mail Service to send spam. You acknowledge and agree that USA.NET may amend the USA.NET Terms and Conditions from time to time, in USA.NET’s sole discretion, and you agree to be bound by any such updated or modified USA.NET Terms and Conditions.
Disclaimer of Warranties. THE E-MAIL SERVICES ARE PROVIDED “AS IS”. THE .TV CORPORATION AND ITS RELATED PARTIES (INCLUDING BUT NOT LIMITED TO USA.NET AND MICROSOFT) DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE E-MAIL SERVICES ARE NOT GUARANTEED TO BE CONTINUOUS, UNINTERRUPTED, VIRUS-FREE OR SECURE. NEITHER THE .TV CORPORATION NOR ITS RELATED PARTIES WILL BE LIABLE IF YOU ARE UNABLE TO ACCESS THE E-MAIL SERVICES AT ANY SPECIFIC TIME.
Claims. Any and all warranty claims or other matters regarding the E-Mail Service must be brought to The .tv Corporation. You agree that you will not look to or contact USA.NET, Microsoft, or any other party for warranty claims or other matters concerning the E-Mail Services.
Limitation of Liability. EXCEPT AS MAY BE SET FORTH IN SECTION 10 BELOW, IN NO EVENT SHALL THE .TV CORPORATION OR ITS RELATED PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE E-MAIL SERVICES (INCLUDING THE MICROSOFT TERMS AND THE USA.NET TERMS AND CONDITIONS), HOWEVER ARISING, INCLUDING NEGLIGENCE. IN NO EVENT SHALL THE .TV CORPORATION'S OR ITS RELATED PARTIES' MAXIMUM AGGREGATE LIABILITY EXCEED US $500. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE .TV CORPORATION'S AND ITS RELATED PARTIES' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity. In addition to any indemnification obligations set forth in the main body of the Registration and Services Agreement above, you agree to defend, indemnify, and hold us and our Related Parties harmless from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees (which attorneys shall be hired at our sole discretion), and costs brought by third parties against us and/or our Related Parties arising from or in connection with: (i) your use of the E-Mail Service; (ii) intellectual property infringement claims related to Content; (iii) to the extent that you allow anyone under the age of 18 to use or access the E-Mail Service as provided to you, any use of the E-Mail Service through you by anyone who is considered a minor in any state, country, or other territory; (iv) your failure to comply with the Microsoft Terms; and (v) your failure to comply with the USA.NET Terms and Conditions.
EXHIBIT 1 TO SCHEDULE H
TERMS AND CONDITIONS REGARDING USE OF MICROSOFT SOFTWARE
This document concerns your use of Microsoft software, which includes computer software provided to you by USA.NET as described below, and may include associated media, printed materials, and “online” or electronic documentation (individually and collectively “SOFTWARE PRODUCTS”). USA.NET does not own the SOFTWARE PRODUCTS and the use thereof is subject to certain rights and limitations of which USA.NET needs to inform you. Your right to use the SOFTWARE PRODUCTS is subject to your agreement with The .tv Corporation and USA.NET, and your understanding of, compliance with and consent to the following terms and conditions, which USA.NET does not have authority to vary, alter or amend.
1. DEFINITIONS.
“Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
“Device” means each of a computer, workstation, terminal, handheld PC, pager, telephone, personal digital assistant, “smart phone,” or other electronic device.
“Server Software” means software that provides services or functionality on a computer acting as a server.
“Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.
2. OWNERSHIP OF SOFTWARE PRODUCTS. The SOFTWARE PRODUCTS are licensed to USA.NET from an affiliate of the Microsoft Corporation (“Microsoft”). All title and intellectual property rights in and to the SOFTWARE PRODUCTS (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the SOFTWARE PRODUCTS) are owned by Microsoft or its suppliers. The SOFTWARE PRODUCTS are protected by copyright laws and international treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the SOFTWARE PRODUCTS does not transfer any ownership of the SOFTWARE PRODUCTS or any intellectual property rights to you.
3. USE OF CLIENT SOFTWARE. You may use the Client Software installed on your Devices by USA.NET only in accordance with the instructions, and only in connection with the services, provided to you by USA.NET.
4. USE OF REDISTRIBUTION SOFTWARE. In connection with the services provided to you by USA.NET, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). YOU MAY NOT USE, MODIFY, COPY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO USA.NET, WHICH TERMS MUST BE PROVIDED TO YOU BY USA.NET. Microsoft does not permit you to use any redistribution software unless you expressly agree to and comply with such additional terms, as provided to you by USA.NET.
5. COPIES. You may not make any copies of the SOFTWARE PRODUCTS; provided, however, that you may (a) make one (1) copy of Client Software on your Device as expressly authorized by USA.NET; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with USA.NET, upon notice from USA.NET or upon transfer of your Device to another person or entity, whichever first occurs. You may not copy any printed materials accompanying the SOFTWARE PRODUCTS.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCTS, except and only to the extent that applicable law, notwithstanding this limitation expressly permits such activity.
7. NO RENTAL. You may not rent, lease, or lend, pledge, or directly or indirectly transfer or distribute the SOFTWARE PRODUCTS to any third party, and you may not permit any third party to have access to and/or use the functionality of the SOFTWARE PRODUCTS.
8. TERMINATION. Without prejudice to any other rights, USA.NET may terminate your rights to use the SOFTWARE PRODUCTS if you fail to comply with these licensing terms. In the event of termination or cancellation, you must stop using and/or accessing the SOFTWARE PRODUCTS, and destroy all copies of the SOFTWARE PRODUCTS and all of its component parts.
9. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT. ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIED BY USA.NET AND NOT BY MICROSOFT OR ITS AFFILIATES OR SUBSIDIARIES.
10. PRODUCT SUPPORT. Product support for the SOFTWARE PRODUCTS is provided to you by USA.NET and is not provided by Microsoft or its affiliates or subsidiaries.
11. NOT FAULT TOLERANT. THE SOFTWARE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE SOFTWARE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
12. EXPORT RESTRICTIONS. The SOFTWARE PRODUCTS are of U.S. origin for purposes of U.S. export laws. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCTS, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/.
13. LIABILITY FOR BREACH. In addition to any liability you may have to USA.NET, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
Dispute Policy
(updated October 1, 2001)
Domain Name Disputes
The .tv Corporation does not, and cannot, screen, review, evaluate or investigate the legal right of registrants to register or use any domain name.
If you believe a domain name registrant is using a domain name in a manner that infringes upon, dilutes or otherwise harms any of your rights, you should contact the registrant directly. The .tv Corporation provides registrant contact information through our Whois database on the site.
The .tv Corporation has adopted the Uniform Domain Name Dispute Resolution Policy established by ICANN and encourages third parties to resolve disputes with registrants through the process described in the Uniform Domain Name Dispute Resolution Policy. Please refer to Sections 6 and 7 of the Uniform Domain Name Dispute Resolution Policy regarding our involvement in a dispute between a registrant and a third party.
If you have a dispute with a registrant of a .info domain name that was registered during the Sunrise Period, that registrant agreed to be bound by the Sunrise Dispute Resolution Policy ("Sunrise Dispute Policy") found at (http://www.afilias.com/faq/sunrise-challenge.html), in addition to the Uniform Domain Name Dispute Resolution Policy.
The .tv Corporation utilizes the World Intellectual Property Organization ("WIPO"), among others, as an ICANN approved dispute resolution service provider for disputes related to domain names. For further information regarding dispute resolution procedures, go to http://arbiter.wipo.int/domains or click here for information about other providers.
Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
Purpose.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available here, and the selected administrative-dispute-resolution service provider's supplemental rules.
Your Representations.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4 (i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed here (each, a "Provider").
Applicable Disputes.
You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
you have no rights or legitimate interests in respect of the domain name; and
your domain name has been registered and is being used in bad faith.
In the administrative proceeding, the complainant must prove that each of these three elements are present.
Evidence of Registration and Use in Bad Faith.
For the purposes of Paragraph 4 (a) (iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your Web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your Web site or location or of a product or service on your Web site or location.
How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint.
When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4 (a) (ii):
before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
Selection of Provider.
The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4 (f).
Initiation of Proceeding and Process and Appointment of Administrative Panel.
The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
Consolidation.
In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
Fees.
All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5 (b) (iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
Our Involvement in Administrative Proceedings.
We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
Remedies.
The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
Notification and Publication.
The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
Availability of Court Proceedings.
The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
All Other Disputes and Litigation.
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
Our Involvement in Disputes.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
Maintaining the Status Quo.
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
Transfers During a Dispute.
Transfers of a Domain Name to a New Holder.
You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
Changing Registrars.
You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
Policy Modifications.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Dispute Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
Address for Notices
The .tv Corporation International
c/o VeriSign, Inc.
21345 Ridgetop Circle
Dulles, VA 20166
Attn: General Counsel
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