| This Registration Agreement ("Agreement") sets forth the terms
and conditions of your use of this domain name registration service to register an
Internet domain name, your registration of that domain name, as well as other domain name
related services. In this Agreement "you" and "your" refer to each
customer and "we", "us" and "our" refer to eNom, Inc.
("Registrar"), the ICANN accredited Registrar and Junpak.com, through which the
services are being offered. This Agreement explains our obligations to you, and explains
your obligations to us for various services. By selecting our service(s) you have agreed
to establish an account with us for such services. When you use your account or permit
someone else to use it to purchase or otherwise acquire access to additional service(s) or
to cancel your service(s) (even if we were not notified of such authorization), this
Agreement covers such service or actions. By using the service(s) provided under this
Agreement, you acknowledge that you have read and agree to be bound by all terms and
conditions of this Agreement, the accompanying dispute policy and any pertinent rules or
policies that are or may be published by the ICANN accredited Registrar and the Reseller
of domain names and through which the services are being offered.
This Agreement will become effective when accepted
by the ICANN accredited Registrar and the reseller of domain names and through which the
services are being offered. The ICANN accredited Registrar and the reseller of domain
names and through which the services are being offered may elect to accept or reject your
domain name registration application for any reason at its sole discretion, such rejection
including, but not limited to, rejection due to a request for registration of a prohibited
domain name.
1. Our Services:
You agree and acknowledge that the ICANN accredited
Registrar and the reseller of domain names and through which the services are being
offered is not liable or responsible in any way for any errors, omissions or any other
actions by the registry administrator arising out of or related to your application and
receipt of, or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless the registry administrator
(VeriSign GRS), the ICANN accredited Registrar and the reseller of domain names and
through which the services are being offered, and its directors, officers, employees, and
agents from and against any and all claims, damages, liabilities, costs, and expenses
(including any direct, indirect, incidental, special or consequential damages and
reasonable legal fees and expenses) arising out of, or related to, your domain name
registration.
2. What We Do Not Do:
We cannot and do not check to see whether the domain
name you select, or the use you make of the domain name, infringes legal rights of others.
We urge you to investigate to see whether the domain name you select or its use infringes
legal rights of others, and in particular we suggest you seek advice of competent counsel.
You may wish to consider seeking one or more trademark registrations in connection with
your domain name. You should be aware that there is the possibility we might be ordered by
a court to cancel, modify, or transfer your domain name. You should also be aware that if
we are sued or threatened with lawsuit in connection with your domain name, we may turn to
you to hold us harmless and to indemnify us.
3. Fees:
As consideration for the domain name registration
services and/or other services provided by the Reseller to you, you agree to pay
Junpak.com, prior to the effectiveness of the desired domain name registration, the
applicable service(s) fees for the initial registration of the domain name and, should you
choose to renew the registration, subsequent renewals of the registration. All fees are
non-refundable, in whole or in part, even if your domain name registration is suspended,
cancelled or transferred prior to the end of your then current registration term. Your
requested domain name will not be registered unless we receive actual payment of the
registration fee, or reasonable assurance of payment of the registration fee from some
other entity (such reasonable assurance as determined at our sole discretion). As further
consideration for the service(s), you agree to: (1) provide certain current, complete and
accurate information about you as required by the registration process and (2) maintain
and update this information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account Information").
In the event of a charge back by a credit card company (or similar action by another
payment provider allowed by us) in connection with the payments of the registration fee
for your domain name registration, you agree and acknowledge that the domain name
registration shall be transferred to us as the paying entity for that registration to the
registry. We will reinstate your domain name registration solely at our discretion, and
subject to our receipt of the initial registration or renewal fee and our then-current
reinstatement fee, currently set at US$200. You will be notified via an email message or
via your account information when renewal fees are due. Should these fees go unpaid within
the time specified in a second notice or reminder regarding renewal or anytime after name
actually expires, your registration can be cancelled. Payment must be made by credit card
or such other method as we may indicate in the registration application or renewal form.
We will renew your name for you provided your credit card or other billing information is
available and up to date, unless you instruct us otherwise within the time specified. If
your billing information is not accurate and you wish to renew your domain name
registration, we will contact you to update this information and charge you accordingly.
You also certify that you have read the Merchant Services Agreement
and agree to be bound by any and all applicable terms and conditions contained within that
agreement.
4. Disclaimer and Domain Name Dispute Policy:
If you request, reserved or registered a domain name
through us, or transferred a domain name to us from another registrar, you agree to be
bound by our current Disclaimer published on our site ("Disclaimer") and our
current Domain Name Dispute Policy ("Dispute Policy") which are incorporated
herein and made a part of this Agreement by reference. The Disclaimer can be found at DISCLAIMER and the Dispute Policy can be found at DISPUTE POLICY. Certain disputes, as specified in the
Dispute Policy, are subject to that Policy. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time your domain name
registration is disputed by the third party. You also 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 contained in the Dispute Policy.
5. Transfer to another Registrar:
You agree that you may not transfer your domain name
registration to another domain name registrar during the first sixty (60) days from the
effective date of your initial domain name registration with Junpak.com. Your request to
transfer to another registrar may be denied in situations described in the Dispute Policy,
including, but not limited to: a dispute over the identity of the domain name holder;
bankruptcy; and default in the payment of any fees. You have the ability to prevent a
transfer to another Registrar by placing a Registrar Lock ("lock") on your
domain. By having a lock status on your domain, you are providing express objection to any
and all transfer requests issued from another Registrar. Should you choose to transfer to
another Registrar, you must log into your account and remove the lock prior to our receipt
of the transfer request from the gaining Registrar.
6. Modifications to our Registration Agreement and Dispute Policy:
You agree, during the period of this Agreement, that
we may: (1) revise the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change to the service(s) on Junpak.com
web site, or on notification to you by e-mail or United States mail. You agree to review
Junpak.com web site, including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail at domains@saudia-online.com
or United States mail at the addresses listed on the cover page of this Agreement. Notice
of your termination will be effective on receipt and processing by us. You agree that, by
continuing to use the our services following notice of any revision to this Agreement or
change in service(s), you abide by any such revisions or changes. You further agree that
we, in our sole discretion, may modify our Dispute Policy at any time. Your continued use
of the domain name registered to you shall constitute your acceptance of this Agreement
and the Dispute Policy with the new modifications. You acknowledge that if you do not
agree to any of such changes, you may request that your domain name registration be
cancelled or transferred to a different domain name registrar. You agree that such
cancellation or request for transfer will be your exclusive remedy if you do not wish to
abide by any changes to this Agreement or the Dispute Policy.
7. Account Information and Its Use:
a. Information You Are Required to Submit. As
part of the registration process, you are required to provide certain information and to
update this information promptly as needed to keep it current, complete and accurate. The
information you are obligated to provide in connection with the domain name you are
registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address, e-mail address, voice
telephone number, and where available, fax number; and
iii. The name, postal address, e-mail address, voice telephone number, and where
available, fax number of all contacts for the domain name; and
iv. Valid payment information
You agree and acknowledge that when you renew your domain name registration, the type of
information you are required to provide may have changed. If you do not wish to provide
the new required information, your registration may not be renewed.
All other information which we may request from you at registration is voluntary. However,
not providing the requested information may prevent you from obtaining all products and
services made available to domain name registrants by us, other than registration of the
domain name.
b. Additional Information Maintained About Your Registration. In addition to the
information you provide, we maintain records relating to your domain name registration.
These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application to us and by us to the
proper registry;
iii. Communications (electronic or paper form) constituting registration orders,
modifications, or terminations and related correspondence between you and us;
iv. Records of account for your domain name registration, including dates and amounts of
all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary nameservers for the domain
name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number, and where
available, fax number of the technical contact for the domain name;
viii. The name, postal address, e-mail address, voice telephone number, and where
available, fax number of the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding all other activity between
you and us and third parties relating to your domain name registration and related
services.
c. Your Obligations Relating to the Account Information. In the event that, in
registering the domain name, you are providing information about or on behalf of a third
party, you hereby represent that you have (a) provided notice to that third party of the
disclosure and use of that party's information as set forth in this Agreement, and (b)
that you have obtained that third party's express consent to the disclosure and use of
that party's information as set forth in this Agreement. By registering a name or applying
for services you also represent that the statements in its application are true and you
also represent that the Domain Name is not being registered for any unlawful purpose.
You acknowledge that willfully providing inaccurate
information or willfully failing to update information promptly will constitute a material
breach of this Agreement and will be sufficient basis for cancellation of your domain name
registration. You further agree that your failure to respond for over ten (10 ) calendar
days to inquiries by Junpak.com concerning the accuracy of contact details associated with
your registration shall constitute a material breach of this Agreement and will be
sufficient basis for cancellation of your domain name registration.
d. Privacy Policy: Disclosure and Use of Registration Information. You agree and
acknowledge that Junpak.com will make available domain name registration information you
provide or that we otherwise maintain to ICANN, to the registry administrator(s), and to
other third parties as ICANN and applicable laws may require or permit. You further agree
and acknowledge that Junpak.com may make publicly available, or directly available to
third party vendors, some, or all, of the domain name registration information you
provide, for purposes of inspection (such as through our "whois" service) or for
targeted marketing and other purposes as required or permitted by ICANN and applicable
laws.
Additionally, you acknowledge that ICANN may
establish guidelines, limits and/or requirements that relate to the amount and type of
information that Junpak.com may or must make available to the public or to private
entities, and the manner in which such information is made available.
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 and other
information by Junpak.com.
You may access your domain name registration
information in our possession to review, modify or update such information, by accessing
your account at our web site, or via a similar service. In order to change any of your
account information with us, you must use your Account Identifier and Password that you
selected when you opened your account with us. Please safeguard your Account Identifier
and Password from any unauthorized use. You agree that any person in possession of you
Account Identifier and Password will have the ability and your authorization to modify
your account information. In no event will we be liable for the unauthorized use or misuse
of your Account Identifier or Password. Junpak.com will take reasonable precautions to
protect the information it obtains from you from our loss, misuse, unauthorized access or
disclosure, alteration or destruction of that information.
8. Ownership of Information and Data:
You agree and acknowledge that we own all database, compilation, collective and similar
rights, title and interests worldwide in our domain name database, and all information and
derivative works generated from the domain name database. You further agree and
acknowledge that we own the following information for those registrations for which we are
the registrar: (a) the original creation date of the registration, (b) the expiration date
of the registration, (c) the name, postal address, e-mail address, voice telephone number,
and where available fax number of all contacts for the domain name registration, (d) any
remarks concerning the registered domain name that appear or should appear in the WHOIS or
similar database, and (e) any other information we generate or obtain in connection with
the provision of domain name registration services, other than the domain name being
registered, the IP addresses of the primary nameserver and any secondary nameservers for
the domain name, and the corresponding names of those nameservers. We do not have any
ownership interest in your specific personal registration information outside of its
rights in our domain name database.
9. Agents and Licenses:
You agree that, if you are registering a domain name
for or on behalf of someone else, you represent that you have the authority to nonetheless
bind that person as a principal to all terms and conditions provided herein, including the
Dispute Policy.
You agree that if you license the use of the domain
name registered to you to a third party, you nonetheless remain the domain name holder of
record, and remain responsible for all obligations under this Agreement, including but not
limited to payment obligations, and providing (and updating, as necessary) both your own
full contact information, and accurate technical, administrative, billing and zone contact
information adequate to facilitate timely resolution of any problems that arise in
connection with the domain name and domain name registration.
10. Announcements:
We reserve the right to distribute information to
you that is pertinent to the quality or operation of our services and those of our service
partners. These announcements will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other information to add security or
to enhance your identity on the Internet.
11. Limitation of Liability:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME
REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF
BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR
SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY
RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (7) EVENTS BEYOND OUR CONTROL; (8) THE PROCESSING OF THIS APPLICATION;
(9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT
IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. WE ALSO WILL NOT 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 HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED
DOLLARS ($400.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS
LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Indemnity:
You agree to release, indemnify, and hold all Registry Operators, Registrar, Junpak.com,
their contractors, agents, employees, officers, directors and affiliates harmless from all
liabilities, claims and expenses, including attorney's fees, of third parties relating to
or arising under this Agreement, the services provided hereunder or your use of the
services, including without limitation infringement by you, or someone else using any
service with your computer, of any intellectual property or other proprietary right of any
person or entity, or from the violation of any operating rule or policy relating to the
service(s) provided. When we are threatened with suit by a third party, we may seek
written assurances from you concerning your promise to indemnify us; your failure to
provide those assurances may be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name. This indemnification is in addition to any
indemnification required under the Dispute Policy.
13. Representations and Warranties:
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION
OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED INFRINGES THE
LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION
PROVIDED BY YOU IN CONNECTION WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN
NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT
REGARDING THE REGISTRAR'S ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN THE
INTRODUCTORY PARAGRAPH OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME
REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT
LEGALLY EXCLUDABLE. 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 YOUR DOMAIN NAME REGISTRATION, OR
FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH
THE E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE E-MAIL
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
14. Breach and Revocation:
We reserve the right to suspend, cancel, transfer or
modify your domain name registration or suspend, cancel or modify other services we
provide in the event (a) you materially breach this Agreement (including the Dispute
Policy) and do not cure such breach within thirty (30) days of notice by us, (b) you use
the domain name registered to you to send unsolicited commercial advertisements in
contradiction to either applicable laws or customary acceptable usage policies of the
Internet, (c) you use your domain name in connection with unlawful activity, or (d)
grounds arise for such suspension, cancellation, transfer or other modification as
provided for in this Agreement. You further acknowledge and agree that your registration
of a domain name is subject to suspension, cancellation or transfer by any ICANN
procedure, by any registrar or registry administrator procedures approved by an
ICANN-adopted policy, (1) to correct mistakes by us, another registrar or the registry
administrator in administering the name or (2) for the resolution of disputes concerning
the domain name.
You also agree that we shall have the right in its
sole discretion to suspend, cancel, transfer or otherwise modify a domain name
registration upon seven (7) calendar days prior written notice, or at such time as we
receive a properly authenticated order from a court of competent jurisdiction, or
arbitration award, requiring the suspension, cancellation transfer or modification of the
domain name registration.
15. Right Of Refusal:
We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or register you for other
service(s), or to delete your domain name within thirty (30) calendar days from receipt of
your payment for such services. In the event we do not register or reserve your domain
name or register you for other service(s), or we delete your domain name or other
service(s) within such thirty (30) calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss or damages that may result
from our refusal to register or reserve, or delete your domain name or register you for
other service(s)
16. Governing Law:
Except as otherwise set forth in the Dispute Policy
with respect to disputes, this Agreement, your rights and obligations and all actions
contemplated by this Agreement shall be governed by the laws of the United States of
America and the State of Washington, as if the Agreement was a contract wholly entered
into and wholly performed within the State of Washington. Except as otherwise set forth in
the Dispute Policy with respect to disputes, any action to enforce this Agreement or any
matter relating to your use of Registrar or Reseller site shall be brought exclusively in
the United States District Court for the Western District of Washington, or if there is no
jurisdiction in such court, then in a state court in King County.
17. Notices:
You agree that any notices required to be given
under this Agreement by us to you will be deemed to have been given if delivered in
accordance with the contact information you have provided.
18. Infancy:
You attest that you are of legal age to enter into
this Agreement.
19. General:
This Agreement, Disclaimer and the Dispute Policy,
together with all modifications, constitute the complete and exclusive agreement between
you the Junpak.com, and the Registrar, and supersede and govern all prior proposals,
agreements, or other communications. Nothing contained in this Policy shall be construed
as creating any agency, partnership, or other form of joint enterprise between the
parties. Our failure to require your performance of any provision hereof shall not affect
the full right to require such performance at any time thereafter; nor shall the waiver by
the Registrar of a breach of any provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of this Policy shall be unenforceable or
invalid under any applicable law or be so held by applicable court decision, such
unenforceability or invalidity shall not render this Policy unenforceable or invalid as a
whole. We will amend or replace such provision with one that is valid and enforceable and
which achieves, to the extent possible, our original objectives and intent of as reflected
in the original provision. This Agreement, our Disclaimer and the Dispute Policy may not
be amended or modified by you except by means of a written document signed by both you and
an authorized representative of Registrar.
20. Additional Registry
Requirements.
Listed below are additional contractual requirements
that you, the registrant, must also agree to should you desire to register a domain name
in these registries.
- .TV, .CC, .BZ, and .WS - In addition to the
terms set forth above, the following terms shall apply to registrants of .TV, .CC, .BZ,
and .WS domain names. Your registration of a domain name in the .TV, .CC, .BZ, or .WS
top-level domain ("New TLD Domain Name"), is subject to policies established or
revised from time to time by the registry for such New TLD Domain Name ("New TLD
Registry"), in its capacity as the registry for its respective Top Level Domain. Each
respective New TLD Registry's current policies ("New TLD Registry Policies") are
available for you to review at each New TLD's respective website. You agree to be bound by
and comply with the applicable New TLD Registry Policies, including amendments and
modifications thereto, with respect to your New TLD Domain Name registration. Such
policies shall not alter the terms and conditions of this Agreement. To the extent there
is a conflict between the New TLD Registry policies and the terms of this Agreement, the
terms of this Service Agreement shall prevail. You agree that the New TLD Registry has the
right to enforce the New TLD Registry Policies.
- .INFO - Should you seek to register a .INFO
second level domain name you, the registrant, must also agree to the following terms:
- Registrant consents to the use, copying,
distribution, publication, modification, and other processing of Registered Domain Name
Holder's Personal Data by Afilias, the .INFO Registry Operator, and its designees and
agents in a manner consistent with the purposes specified pursuant in its contract.
- Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set
forth by Afilias for domain names registered during the Sunrise Period, including the
mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.
- Registrant agrees to immediately correct and update
the registration information for the Registered Name during registration term for the
Registered Name, failure to correct this information shall constitute a breach of this
Agreement.
- Registrant acknowledges that Afilias, the registry
operator for .INFO, will have no liability of any kind for any loss or liability resulting
from the proceedings and processes relating to the Sunrise Period or the Land Rush Period,
including, without limitation: (a) the ability or inability of a registrant to obtain a
Registered Name during these periods, and (b) the results of any dispute over a Sunrise
Registration.
- Registrar, Junpak.com and Afilias, the registry
operator for .INFO, expressly reserve the right to deny, cancel or transfer any
registration that it deems necessary, in its discretion, to protect the integrity and
stability of the registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any dispute resolution
process, or to avoid any liability, civil or criminal, on the part of Registrar,
Junpak.com and/or Afilias as well as their affiliates, subsidiaries, officers, directors
and employees. Registrar, Junpak.com and Afilias also reserve the right to freeze a domain
name during resolution of a dispute.
- .BIZ - Should you seek to register a .BIZ
second level domain name you, the registrant, must also agree to the following terms:
- 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:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property of any kind; or,
b) the ordinary course of trade or business. Registering a domain name solely for the
purposes of
i. selling, trading or leasing the domain name for compensation, or
ii. the unsolicited offering to sell, trade or lease the domain name for compensation
shall not constitute a"bona fide business or commercial use" of that domain
name.
- BIZ CERTIFICATION. As a .biz domain name registrant,
you hereby certify to the best of your knowledge that:
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
a. selling, trading or leasing the domain name for compensation, or
b. the unsolicited offering to sell, trade or lease the domain name for compensation. For
more information on the .biz restrictions, which are incorporated herein by reference,
please see: http://www.neulevel.com/countdown/registrationRestrictions.html
1. The domain name registrant has the authority to enter into the registration agreement;
and
2. the registered domain name is reasonably related to the registrant's business or
intended commercial purpose at the time of registration.
- PROVISION OF REGISTRATION DATA.
a) 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/Registry Policy and may be sold in bulk in accordance with
the ICANN Agreement.
b) Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided
in the domain name registration application is true, correct, up to date and complete and
that you will continue to keep all the information provided up to date. Your willful
provision of inaccurate or unreliable information, your willful failure promptly to update
information provided to us, or any failure to respond for over five calendar days to our
inquiries addressed to the e-mail address of the administrative, billing or technical
contact then appearing in the Whois directory with respect to an domain name concerning
the accuracy of contact details associated with any registration(s) or the registration of
any domain name(s) registered by or through you or your account, shall constitute a breach
of this Agreement. Any information collected by us concerning an identified or
identifiable natural person ("Personal Data") will be used 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.
- DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a .biz domain name through us, you agree to be bound by our current domain name
dispute policy that is incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with that policy. In addition, you hereby
acknowledge that you have read and understood and agree to be bound by the terms and
conditions of the following documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at
http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between a
registrant of a .biz domain name ("Registrant") with any third party (other than
Registry Operator or Registrar) over the registration or use of a .biz domain name
registered by Registrant that is subject to the Intellectual Property Claim Service. The
Intellectual Property Claim Service a service introduced by Registry Operator to notify a
trademark or service mark holder ("Claimant") that a second-level domain name
has been registered in which that Claimant claims intellectual property rights. In
accordance with the STOP and its associated Rules, those Claimants will have the right to
challenge registrations through independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a dispute between a
Registrant and any party other than the Registry Operator or Registrar over the
registration and use of an Internet domain name registered by Registrant.
The UDRP sets forth the terms and conditions in connection with a dispute between a
Registrant and any party other than the Registry Operator or Registrar over the
registration and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name is not used
primarily for business or commercial purposes shall be enforced on a case-by-case, fact
specific basis by an independent ICANN-accredited dispute provider. None of the violations
of the Restrictions will be enforced directly by or through Registry Operator. Registry
Operator will not review, monitor, or otherwise verify that any particular domain name is
being used primarily for business or commercial purposes or that a domain name is being
used in compliance with the SUDRP or UDRP processes.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree
that we, in our sole discretion, may modify our dispute policy. We will post any such
revised policy on our Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the reservation or registration of your domain
name after modifications to the dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not refund any fees paid by you if you terminate your
Agreement with us.
- DOMAIN NAME DISPUTES. You agree that, if your use of
our domain name registration services is challenged by a third party, you will be subject
to the provisions specified in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with any third party, you will
indemnify and hold us harmless pursuant to the terms and conditions set forth below in
this Agreement. If we are notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration services, you agree
not to make any changes to your domain name record without our prior approval. We may not
allow you to make changes to such domain name record until (i) we are directed to do so by
the judicial or administrative body, or (ii) we receive notification by you and the other
party contesting your registration and use of our domain name registration services that
the dispute has been settled. Furthermore, you agree that if you are subject to litigation
regarding your registration and use of our domain name registration services, we may
deposit control of your domain name record into the registry of the judicial body by
supplying a party with a registrar certificate from us.
- RESERVATION OF RIGHTS. Registrar, Junpak.com, and the
.biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or
transfer any registration that it deems necessary, in its discretion, to protect the
integrity and stability of the registry, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal, on the part of
Registrar, RESELLER and/or NeuLevel, Inc., as well as their affiliates, subsidiaries,
officers, directors and employees. Registrar, Junpak.com, and NeuLevel, Inc. also reserve
the right to freeze a domain name during resolution of a dispute.
- .NAME - Should you seek to register a .NAME
second level domain name you, the registrant, must also agree to the following terms:
- DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered marks to exclusively
pre-register on the .name space and create a protective barrier for their trademarks. A
"Defensive Registration" is a registration granted to a third party of a
specific string on the second or third level, or of a specific set of strings on the
second and third levels, which will not resolve within the domain name system but may
prevent the registration of the same string(s) on the same level(s) by other third party
applicants.
- PHASES OF DEFENSIVE REGISTRATIONS
(a) As a Defensive Registration Registrant ("Defensive Registrant"), you hereby
certify to the best of your knowledge that for Phase I Defensive Registrations
("Phase I Defensive Registrants"), you own valid and enforceable trademark or
service mark registrations having national effect that issued prior to April 16, 2001 for
strings that are identical to the textual or word elements, using ASCII characters only,
subject to the same character and formatting restrictions as apply to all registrations in
the Registry TLD. You understand that trademark or service mark registrations from the
supplemental or equivalent Registry of any country, or from individual states or provinces
of a nation, will not be accepted. Subject to the same character and formatting
restrictions as apply to all registrations in the Registry TLD, if a trademark or service
mark registration incorporates design elements, the ASCII character portion of that mark
may qualify to be a Phase I Defensive Registration.
(b) Phase II Defensive Registrants may apply for a Defensive Registration for any string
or combination of strings.
(c) Defensive Registrants, whether Phase I or Phase II shall comply with the following
Eligibility Requirements, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm, the summary of
which is as follows:
(i) There are two levels of Defensive Registrations, each of which is subject to payment
of a separate fee;
(ii) Multiple persons or entities may obtain identical or overlapping Defensive
Registrations upon payment by each of a separate registration fee;
(iii) The Defensive Registrant must provide the information requested in Section 3(a)
below;
(iv) A Defensive Registration will not be granted if it conflicts with a then-existing
Personal Name Registration or other reserved word or string.
- PROVISION OF REGISTRATION DATA
(a) 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. You
must provide contact information, including name, email address, postal address and
telephone number, for use in disputes relating to the Defensive Registration. You
understand and agree that this contact information will be provided as part of the Whois
record for the Defensive Registration. You further understand that the foregoing
registration data may be transferred outside of the European Community, such as to the
United States, and you expressly consent to such export.
(b) In addition to the information provided in subsection (a) above, Phase I Defensive
Registrants must also provide (1) the name, in ASCII characters, of the trademark or
service mark being registered; (2) the date the registration issued; (3) the country of
registration; and (4) the registration number or other comparable identifier used by the
registration authority.
(c) You hereby represent and warrant the data provided in the registration application is
true, correct, up-to-date and complete and that you will continue to keep all of the
information provided up-to-date. Your willful provision of inaccurate or unreliable
information, your willful failure promptly to update information provided to us, or any
failure to respond for over five (5) calendar days to our inquiries addressed to the email
address of the administrative, billing or technical contact then appearing in the publicly
available Whois directory with respect to a Defensive Registration(s) concerning the
accuracy of contact details associated with any such Defensive Registration(s) registered
by or through you or your account shall constitute a breach of this Agreement.
- DOMAIN NAME DISPUTE POLICY
(a) If you registered a Defensive Registration, you agree that: (i) the Defensive
Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute
Resolution Policy ("ERDRP"); (ii) if the Defensive Registration is successfully
challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees;
and (iii) if a challenge is successful, then the Defensive Registration will be subject to
the procedures described in Section 2(h) of Appendix L to the agreement of Global Name
Registry ("Registry Operator") with the Internet Corporation for Assigned Names
and Numbers ("ICANN"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
(b) You further agree that if a Phase I Defensive Registration is successfully challenged
on the basis that it did not meet the applicable Eligibility Requirements, the Defensive
Registrant will thereafter be required to demonstrate, at its expense, that it meets the
Eligibility Requirements for Phase I Defensive Registrations for all other Phase I
Defensive Registrations that it registered within .name through any Registrar. In the
event that the Defensive Registrant is unable to demonstrate the foregoing with respect to
any such Phase I Defensive Registration(s), those Defensive Registration(s) will be
cancelled.
(c) The ERDRP applies to, among other things, challenges to Defensive Registrations within
.name and is available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
- DEFENSIVE REGISTRATION DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our dispute policy. We will post any
such revised policy on our Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the Defensive Registration after modifications
to the dispute policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modification, you may terminate this
Agreement. We will not refund any fees paid by you if you terminate your Agreement with
us.
- DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive Registration is challenged by a third party, you will be
subject to the provisions specified in our Defensive Registration dispute policy in effect
at the time of the dispute. You agree that in the event a Defensive Registration dispute
arises with any third party, you will indemnify and hold Registrar and Junpak.com 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
Defensive Registration, you agree not to make any changes to your Defensive Registration
record without our prior approval. We may not allow you to make changes to such Defensive
Registration 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 Defensive
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
Defensive Registration and use of our domain name registration services, we may deposit
control of your Defensive Registration record into the registry of the judicial body by
supplying a party with a Registrar certificate from us.
- CONSENT
Defensive Registrants may be asked to give their consent to allow individuals to share a
part of their space. For example, if you have filed a Defensive Registration on PQR (which
blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to
John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a
circumstance, you will have five (5) days to respond to a request for consent.
- .NAME REGISTRATION RESTRICTIONS
Registrations in the .name TLD must constitute an individual's "Personal Name".
For purposes of the .name restrictions (the "Restrictions"), a "Personal
Name" is a person's legal name, or a name by which the person is commonly known. A
"name by which a person is commonly known" includes, without limitation, a
pseudonym used by an author or painter, or a stage name used by a singer or actor.
- .NAME CERTIFICATIONS
As a .name domain name Registrant, you hereby certify to the best of your knowledge that:
(a) You have the authority to enter into this Agreement; and
(b) The registered domain name or second level domain ("SLD") email address is
your Personal Name.
- PROVISION OF REGISTRATION DATA
(a) 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 the information contained in the Whois directory, including: (i) your
full name and postal address, email address, voice telephone number, and fax number, if
available; (ii) the IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name; (iii) the full name, postal address, email address,
voice telephone number, and fax number, if available, of the technical contact for the
domain name; (iv) the full name, postal address, email address, voice telephone number,
and fax number if available of the administrative contact for the domain name; (v) the
name, postal address, email address, voice telephone number, and fax number, if available,
of the billing contact for the domain name. You agree and understand that the foregoing
registration data will be publicly available and accessible on the Whois directory as
required by Internet Corporation for Assigned Names and Numbers
("ICANN")/Registry Policy. You further understand that the foregoing
registration data may be transferred outside of the European Community, such as to the
United States, and you expressly consent to such export.
(b) You hereby represent and warrant the data provided in the registration application is
true, correct, up-to-date and complete and that you will continue to keep all of the
information provided up-to-date. Your willful provision of inaccurate or unreliable
information, your willful failure promptly to update information provided to us, or any
failure to respond to our inquiries addressed to the email address of the administrative,
billing or technical contact then appearing in the Whois directory with respect to a
domain name concerning the accuracy of contact details associated with any registration(s)
or the registration of any domain name(s) registered by or through you or your account
shall constitute a breach of this Agreement. Any information collected by us concerning an
identified or identifiable natural person ("Personal Data") will be used 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 an ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .name domain name through us, you agree to be bound by our
current domain name dispute policy that is incorporated herein and made a part of this
Agreement by reference. Please take the time to familiarize yourself with that policy. In
addition, you hereby acknowledge that you have read and understood and agree to be bound
by the terms and conditions of the following documents, as they may be amended from time
to time, which are hereby incorporated and made an integral part of this Agreement:
(a) the Eligibility Requirements (the "Eligibility Requirements"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(b) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and
the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD
email addresses will be granted on a first-come, first-served basis, except for
registrations granted as a result of a dispute resolution proceeding or during the land
rush procedures in connection with the opening of the Registry TLD. The following
categories of Personal Name Registrations may be registered: (i) the Personal Name of an
individual; (ii) the Personal Name of a fictional character, if you have trademark or
service mark rights in that character's Personal Name; (iii) in addition to a Personal
Name registration, you may add numeric characters to the beginning or the end of your
Personal Name so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to (i) registered domain names and SLD email address
registrations within .name on the grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations within .name.
The UDRP sets forth the terms and conditions in connection with a dispute between a
Registrant and party other than Global Name Registry ("Registry Operator") or
Registrar over the registration and use of an Internet domain name registered by a
Registrant.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our dispute policy. We will post any
such revised policy on our Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the reservation or registration of your domain
name or SLD email address after modifications to the dispute policy become effective, you
have agreed to these modifications. You acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not refund any fees paid by you if
you terminate your Agreement with us.
- DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration services is challenged by a
third party, you will be subject to the provisions specified in our dispute policy in
effect at the time of the dispute. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold Registrar 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.
- EMAIL FORWARDING
(a) The service for which you have registered may, at your option, include Email
Forwarding. To the extent you opt to use Email Forwarding, you are obliged to do so in
accordance with all applicable legislation and are responsible for all use of Email
Forwarding, including the content of messages sent through Email Forwarding.
(b) You undertake to familiarize yourself with the content of and to comply with the
generally accepted rules for Internet and email usage. This includes the following
restrictions. Without prejudice to the foregoing, you undertake not to use Email
Forwarding:
(i) to encourage, allow or participate in any form of illegal or unsuitable activity,
including but not restricted to the exchange of threatening, obscene or offensive
messages, spreading computer viruses, breach of copyright and/or proprietary rights or
publishing defamatory material;
(ii) to gain illegal access to systems or networks by unauthorized access to or use of the
data in systems or networks, including all attempts at guessing passwords, checking or
testing the vulnerability of a system or network or breaching the security or access
control without the sufficient approval of the owner of the system or network;
(iii) to interrupt data traffic to other users, servers or networks, including, but not
restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts
to overload another system or other forms of harassment; or
(iv) for spamming, which includes, but is not restricted to, the mass mailing of
unsolicited email, junk mail, the use of distribution lists (mailing lists) which include
persons who have not specifically given their consent to be placed on such a distribution
list.
Users are not permitted to provide false names or in any other way to pose as somebody
else when using Email Forwarding.
(c) Registry Operator reserves the right to implement additional anti-spam measures, to
block spam or mail from systems with a history of abuse from entering Registry Operator's
Email Forwarding. However, due to the nature of such systems, which actively block
messages, Registry Operator shall make public any decision to implement such systems a
reasonable time in advance, so as to allow you or Registrar to give feedback on the
decision.
(d) You understand and agree that Registry Operator may delete material that does not
conform to clause (c) above or that in some other way constitutes a misuse of Email
Forwarding. You further understand and agree that Registry Operator is at liberty to block
your access to Email Forwarding if you use Email Forwarding in a way that contravenes this
Agreement. You will be given prior warning of discontinuation of the Email Forwarding
unless it would damage the reputation of Registry Operator or jeopardize the security of
Registry Operator or others to do so. Registry Operator reserves the right to immediately
discontinue Email Forwarding without notice if the technical stability of Email Forwarding
is threatened in any way, or if you are in breach of this Agreement. On discontinuing
Email Forwarding, Registry Operator is not obliged to store any contents or to forward
unsent email to you or a third party.
(e) You understand and agree that to the extent Registry Operator is required by law to
disclose certain information or material in connection with your Email Forwarding,
Registry Operator will do so in accordance with such requirement and without notice to
you.
- RESERVATION OF RIGHTS
Registrar, Junpak.com and Registry Operator, expressly reserve the right to deny, cancel
or transfer any Defensive 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
Registrar, Junpak.com and/or Registry Operator, as well as their affiliates, subsidiaries,
officers, directors and employees. Registrar, Junpak.com and Registry Operator also
reserve the right to freeze a Defensive Registration during a resolution of a dispute.
- LIMITATION OF LIABILITY
You agree that Registrar, Junpak.com and Registry Operator will have no liability of any
kind for any loss or liability resulting from (i) the processing of Defensive Registration
requests prior to live SRS launch, including, without limitation, your ability or
inability to obtain a Registered Name or SLD email address registration using these
processes; or (ii) any dispute over any .name domain name, SLD email address, Defensive
Registration or NameWatch Registration, including the decision of any dispute resolution
proceeding related to any of the foregoing.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless Registrar, Junpak.com, and Registry
Operator, and its directors, officers, employees and agents from and against any and all
claims, damages, liabilities, costs and expenses, including reasonable legal fees and
expenses, arising out of or relating to your registration. This indemnification obligation
will survive the termination or expiration of this Agreement.
- COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
(a) ICANN standards, policies, procedures, and practices for which Registry Operator has
monitoring responsibility in accordance with the Registry Agreement or under any other
arrangement with ICANN; and
(b) operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry Operator in a non-arbitrary manner and
applicable to all Registrars, including affiliates of Registry Operator, and consistent
with ICANN's standards, policies, procedures, and practices and Registry Operator's
Registry Agreement with ICANN. Among Registry Operator's operational standards, policies,
procedures, and practices are those set forth in Exhibit E of the Registry-Registrar
Agreement, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm. Additional or
revised Registry Operator operational standards, policies, procedures, and practices for
the Registry TLD shall be effective upon thirty (30) days notice by Registry Operator to
Registrar.
- .US - Should you seek to register a .US second
level domain name you, the registrant, must also agree to the following terms:
- Representations and Warranties. You represent and
certify that, to the best of your knowledge and belief, (i) neither the registration of
the domain name nor the manner in which it is directly or indirectly used infringes the
legal rights of any third party, (ii) you have the requisite power and authority to enter
into this Agreement and to perform the obligations hereunder, (iii) you have and shall
continue to have a lawful bona fide U.S. Nexus as defined in the "usTLD Nexus
Requirements" , (iv) you are of legal age to enter into this Agreement, and (vi) you
agree to comply with all applicable laws, regulations and policies of Registrar and the
usTLD Administrator.
- 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) the Registered Name; (ii) the names of the primary nameserver and secondary
nameserver(s) for the Registered Name; (iii) your name and postal address; (iv) the name,
postal address, e-mail address, voice telephone number, and (where available) fax number
of the technical contact for the Registered Name; (v) the name, postal address, e-mail
address, voice telephone number, and (where available) fax number of the administrative
contact for the Registered Name; (vi) the name, postal address, e-mail address, voice
telephone number, and fax number if available of the billing contact for the Registered
Name; (vii) any remark concerning the registered domain name that should appear in the
Whois directory; and (viii) any other data NeuStar, as the Registry, requires be submitted
to it, including specifically information regarding the primary purpose for which a domain
name is registered (e.g., business, education, etc.). You agree and understand that the
foregoing registration data will be publicly available and accessible on the Whois
directory pursuant to the DoC/Registry Policy. Any information collected by us concerning
an identified or identifiable natural person ("Personal Data") will be used in
connection with the registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by the Department of Commerce Contract with the
Registry or any USTLD Administrator/DoC Policy.
- Inaccurate or Unreliable Data. You hereby represent
and warrant that the data provided in the domain name registration application is true,
correct, up to date and complete and that you will continue to keep all the information
provided up to date. Your willful provision of inaccurate or unreliable information, your
willful failure promptly to update information provided to us, or any failure to respond
for over five calendar days to our inquiries addressed to the e-mail address of the
administrative, billing or technical contact then appearing in the Whois directory with
respect to a domain name concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered by or through you or
your account, shall constitute a breach of this Agreement.
- Government Use of Data. You understand and agree that
the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative
works, distribute copies to the public, and perform publicly and display publicly, in any
manner and for any purpose whatsoever and to have or permit other to do so, all Data
provided by Registrant. "Data" means any recorded information, and includes
without limitation, technical data and computer software, regardless of the form or the
medium on which it may be recorded.
- Licensing of a Domain Name. If you intend to license
use of a domain name to a third party, you nonetheless are the registrant of record and
are responsible for providing full contact information and for providing and updating
accurate technical and administrative contact information adequate to facilitate timely
resolution of any problems that arise in connection with the domain name. You shall accept
liability for harm caused by wrongful use of the domain name, unless you promptly disclose
the identity of the licensee to a party providing you reasonable evidence of actionable
harm.
- Domain Name Dispute Policy. If you reserved or
registered a .us domain name through us, you agree to be bound by our current domain name
dispute policy that is incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with that policy. In addition, you hereby
acknowledge that you have read and understood and agree to be bound by the terms and
conditions of the policies of the usTLD Administrator as documented on its website,
www.neustar.us, as they may be amended from time to time, and which are hereby
incorporated and made an integral part of this Agreement.
- Domain Name Dispute Policy Modifications. You agree
that we, in our sole discretion, may modify our dispute policy. We will post any such
revised policy on our Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the reservation or registration of your domain
name after modifications to the dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not refund any fees paid by you if you terminate your
Agreement with us.
- including Registry policies incorporated by
reference. 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 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.
- Jurisdiction. For the adjudication of disputes
concerning or arising from use of the domain name, you shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the
Registrant's domicile, (2) the State of Washington, and 3) the Commonwealth of Virginia.
- Suspension, Cancellation or Transfer. You agree that
your registration of the domain name shall be subject to suspension, cancellation, or
transfer pursuant to any usTLD Administrator adopted specification or policy, or pursuant
to any registrar or usTLD Administrator procedure not inconsistent with a usTLD
Administrator adopted specification or policy, (1) to correct mistakes by Registrar or the
usTLD Administrator in registering the name or (2) for the resolution of disputes
concerning the domain name.
- Indemnification. The Registrant shall indemnify and
hold harmless the Registrar, Junpak.com and the usTLD Administrator and their directors,
officers, employees, representatives, agents, affiliates, and stockholders from and
against any and all claims, suits, actions, other proceedings, damages, liabilities, costs
and expenses of any kind, including without limitation reasonable legal fees and expenses,
arising out of or relating to the Registrant's (i) domain name registration and (ii) use
of any of a domain name.
- Reservation by usTLD Administrator. Registrar,
Junpak.com and usTLD Administrator reserve the right to deny, cancel or transfer any
registration that they deem necessary, in their discretion, (1) to protect the integrity
and stability of the registry, (2) to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any dispute resolution
process, (3) to avoid any liability, civil or criminal, on the part of usTLD Administrator
or Registrar, as well as their affiliates, subsidiaries, officers, directors,
representatives, employees, and stockholders, (4) for violations of this Agreement, or (5)
to correct mistakes made by usTLD Administrator or any registrar in connection with a
domain name registration. usTLD Administrator and Registrar also reserve the right to
freeze a domain name during resolution of a dispute.
- .NU - Should you seek to register a .NU second
level domain name you, the registrant, must also agree to these terms.
- (.UK) In addition to the general terms and
conditions of agreement with eNom listed in Sections 1 through 19 above, you agree to the
following terms and
conditions for registrations in .UK WITH THE FOLLOWING IMPORTANT MODIFICATION: You
also agree that .uk domains which are not renewed will be deleted one day before the
scheduled expiration date. For example: You register a .UK domain on April 9, 2003, for
two years. Then, on April 7, 2006, you renew the domain for an additional one year. Your
domain will then be scheduled to expire on April 9, 2006. If, however, you do not renew
your domain on April 7, 2006, it will be deleted on April 8, 2006. The reason for this is
that Nominet uses a non-real-time email-based system to make status changes in the .UK
registry. The combination of this email-based system and Nominet's policy on renewals
means that we will be charged for a renewal unless the name is deleted (via instructions
in an email) prior to the end of the registration period which is then in effect. As a
consequence, if we do not receive your renewal instructions prior to one-day before the
end of the registration period, we will send the delete instruction one-day before the end
of the registration period then in effect. Also, all .UK registrations are bound to a
different Dispute Policy than the one outlined in section 4 above. Section 4 will still
apply when registering any .UK domain however Nominet's Dispute Policy shall be applied
instead of the Uniform Domain Name Dispute Resolution Policy.
- (.CN) Should you seek to register a .CN second
or third level domain name you, the registrant, must also agree to the .CN end user
agreement.
- Representations and Warranties. You represent and
certify that, to the best of your knowledge and belief, (i) neither the registration of
the domain name nor the manner in which it is directly or indirectly used infringes the
legal rights of any third party, (ii) you have the requisite power and authority to enter
into this Agreement and to perform the obligations hereunder, (iii) you are of legal age
to enter into this Agreement, and (vi) you agree to comply with all applicable laws,
regulations and policies of the Peoples Republic of China's governmental agencies and the
China Internet Network Information Center ("CNNIC"), including but not limited
to the following rules and regulations: (i) China Internet Domain Name Regulations
(currently at http://www.cnnic.net.cn/ruler/20.shtml); (ii) CNNIC Detailed Rules of
Internet Domain Name Registration Administration (currently at
http://www.cnnic.net.cn/ruler/16.shtml); (iii) CNNIC Domain Name Dispute Resolution Policy
(currently at http://www.cnnic.net.cn/doc/e-10.shtml); and (iv) Rules for CNNIC Domain
Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-9.shtml).
- 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) the Registered Name; (ii) the names of the primary nameserver and secondary
nameserver(s) for the Registered Name; (iii) your name, postal address, e-mail address,
voice telephone number and (where available) fax number; (iv) the name, postal address,
e-mail address, voice telephone number, and (where available) fax number of the technical
contact for the Registered Name; (v) the name, postal address, e-mail address, voice
telephone number, and (where available) fax number of the administrative contact for the
Registered Name; (vi) the name, postal address, e-mail address, voice telephone number,
and fax number if available of the billing contact for the Registered Name; (vii) any
remark concerning the registered domain name that should appear in the Whois directory;
and (viii) any other data CNNIC, as the Registry, requires be submitted to it. You agree
and understand that the foregoing registration data will be publicly available and
accessible on the Whois directory pursuant to the CNNC Policy. Any information collected
by us concerning an identified or identifiable natural person ("Personal Data")
will be used in connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by the CNNIC.
- Business or Organization Representation: The .cn
top-level domain space is intended for businesses and organizations and not for individual
use. By registering a .cn domain name, you hereby represent that you have registered the
domain name on behalf of a business or organization.
- Inaccurate or Unreliable Data. You hereby represent
and warrant that the data provided in the domain name registration application is true,
correct, up to date and complete and that you will continue to keep all the information
provided up to date. Your willful provision of inaccurate or unreliable information, your
willful failure promptly to update information provided to us, or any failure to respond
for over five calendar days to our inquiries addressed to the e-mail address of the
administrative, billing or technical contact then appearing in the Whois directory with
respect to a domain name concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered by or through you or
your account, shall constitute a breach of this Agreement.
- Maximum Term: The maximum term for a domain name
registration in the .cn TLD shall be five (5) years. Domain Name Registrations shall be
available for terms of one, two, three, four and five years.
- Prohibited Uses for .cn domain name. Registrant may
not register or use a domain name that is deemed by CNNIC to:
- Be against the basic principles prescribed in the
Constitution of the Peoples Republic of China ("PRC");
- Jeopardize national security, leak state secrets,
intend to overturn the government, or disrupt of state integrity of the PRC;
- Harm national honor and national interests of the
PRC;
- Instigate hostility or discrimination between
different nationalities, or disrupt the national solidarity of the PRC;
- Violate the PRC's religion policies or propagate cult
and feudal superstition;
- Spread rumors, disturb public order or disrupt social
stability of the PRC;
- Spread pornography, obscenity, gambling, violence,
homicide, terror or instigate crimes in the PRC;
- Insult, libel against others and infringe other
people's legal rights and interests in the PRC; or
- Take any other action prohibited in laws, rules and
administrative regulations of the PRC.
- True Registrant of Domain Name. By registering a .cn
domain name, you shall be the registrant of record and responsible for providing full
contact information and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any problems that arise in
connection with the domain name. You accept liability for harm caused by wrongful use of
the domain name.
- Domain Name Dispute Policy. If you have registered a
second or third-level .cn domain name through us, you agree to be bound by the CNNIC
Domain Name Dispute Resolution Policy & Rules for CNNIC Domain Name Dispute Resolution
Policy ("Dispute Policy"), http://www.cnnic.net.cn/ruler/20.shtml, which 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 policies
of the CNNIC, as they may be amended from time to time, and which are hereby incorporated
and made an integral part of this Agreement.
- Domain Name Dispute Policy Modifications. You agree
that we, in our sole discretion, may modify our dispute policy. We will post any such
revised policy on our Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the registration of your domain name after
modifications to the dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not refund any fees paid by you if you terminate your
Agreement with us.
- Domain Name Disputes. You agree that, if your use of
our domain name registration services is challenged by a third party, you will be subject
to the provisions specified in the 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, CNNIC and NeuStar, Inc.("Registry Gateway Provider"),
harmless pursuant to the terms and conditions set forth 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.
- Jurisdiction. For the adjudication of disputes
concerning or arising from use of the Registered Name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to the jurisdiction of
the courts (1) of the Registrant's domicile, (2) where Registrar is located, and 3) the
People's Republic of China.
- Governing Law. For the adjudication of a dispute
concerning or arising from use of the domain name, such dispute shall be governed under
the Laws of the Peoples Republic of China.
- Suspension, Cancellation or Transfer. You agree that
your registration of the domain name shall be subject to suspension, cancellation, or
transfer pursuant to any CNNIC adopted specification or policy, or pursuant to any
registrar or CNNIC procedure not inconsistent with a CNNIC adopted specification or
policy, (1) to correct mistakes by Registrar or the CNNIC in registering the name or (2)
for the resolution of disputes concerning the domain name.
- Indemnification. The Registrant shall indemnify and
hold harmless the [Registrar], Registry Gateway Provider and CNNIC and their directors,
officers, employees, representatives, agents, affiliates, and stockholders from and
against any and all claims, suits, actions, other proceedings, damages, liabilities, costs
and expenses of any kind, including without limitation reasonable legal fees and expenses,
arising out of or relating to the Registrant's (i) domain name registration and (ii) use
of any of a domain name.
- Reservation by CNNIC and Registry Gateway Provider.
[Registrar], the Registry Gateway Provider and CNNIC reserve the right to deny, cancel or
transfer any registration that they deem necessary, in their discretion, (1) to protect
the integrity and stability of the registry, (2) to comply with any applicable laws,
government rules or requirements, requests of law enforcement, in compliance with any
dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of
CNNIC, the Registry Gateway Provider or [Registrar], as well as their affiliates,
subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for
violations of this Agreement, or (5) to correct mistakes made by Registry Gateway
Provider, CNNIC or any registrar in connection with a domain name registration. CNNIC,
Registry Gateway Provider and [Registrar] also reserve the right to freeze a domain name
during resolution of a dispute.
NEUSTAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEUSTAR MAKES NO
WARRANTY THAT THESE PARAGRAPHS WILL MEET YOUR SPECIFIC REQUIREMENTS OR TO THE ACCURACY OR
RELIABILITY OF THIS INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY RELIANCE ON THE
MATERIAL PROVIDED HEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY USE OF SUCH MATERIAL.
- (.TM) In addition to the general terms and
conditions of agreement with Junpak.com in Sections 1 through 19 above, you agree to the
following terms and
conditions for registrations in .TM (PDF) (Adobe Acrobat needed to view). All .TM
registrations are bound to a different
Dispute Policy (PDF) than the one outlined in section 4 above. Section 4 will still
apply when registering any .TM domain, however, NIC.TM's Dispute Policy shall be applied
instead of the Uniform Domain Name Dispute Resolution Policy. Also review the .TM
Allocation And Use Rules (PDF).
- (.CA) Registration of .CA domain names and
related services are provided by eNom Canada Corporation and eNom Canada's designated
contractors, agents, and assignees (collectively referred to in this Section J as
"eNom Canada"), pursuant to the following terms. By submitting a request to
register a .CA domain name or otherwise using any of the services provided by eNom Canada
you acknowledge and signify that you have read, understood, and agreed to be bound by the
terms of this Section J. The terms of this Section J include, see below, that you agree to
the terms of the Canadian Internet Registration Authority's ("CIRA's")
Registrant Agreement and Canadian Presence Requirements, both of which may presently be
found at http://www.cira.ca/en/cat_Registration.html. By submitting a request to register
a .CA domain name or otherwise using any of the services provided by eNom Canada you
acknowledge and signify that you have read, understood, and agreed to be bound by the
terms of CIRA's Registrant Agreement and Canadian Presence Requirements.
- Certain Definitions. eNom Canada is an
independent company providing .CA domain name registration services and such other
services regarding .CA domain names as eNom Canada may provide from time to time (for the
purposes of this Section J, the ".CA Services")". The term "CIRA"
refers to the Canadian Internet Registration Authority, which is responsible for the
operation and control of the .CA Internet domain name registry.
- Use Restriction. You will not provide eNom
Canada with false information and you must get all the necessary consents for the
information provided to eNom Canada. By submitting a query to the .CA Internet domain name
registry database or using the search functions regarding the .CA Internet domain name
registry, you agree that you will use data obtained from the .CA Internet domain name
registry only for lawful purposes and that, under no circumstances will you use data
obtained from the .CA Internet domain name registry to allow, enable, or otherwise support
the transmission of mass unsolicited, advertising, solicitations or viruses via e-mail. If
you provide inaccurate information (including but not limited to phone number, e-mail
address or postal address), eNom Canada retains the right to deactivate and/or deregister
your domain name(s).
- Revisions. You expressly acknowledge and agree
that eNom Canada may update, amend or revise this Section J and impose further terms and
conditions from time to time. You agree to review this Agreement and any other applicable
rules or policies from time to time, to be aware of any such revisions or modifications.
The revised terms and conditions will be effective as of the date of their posting on the
website on which you are viewing these terms. You expressly acknowledge and agree that
eNom Canada may introduce or impose further terms and conditions in respect of any service
including .CA domain name services eNom Canada may provide, at any time, in eNom Canada's
sole discretion. You expressly acknowledge and agree that eNom Canada may, without
limiting the generality of the foregoing:
- charge you fees, including renewal fees for the
registration of your domain name whether the domain name was registered before or after
the introduction of this Section J;
- modify the fees and charge you any fees required of
eNom Canada by CIRA, including late fees;
- introduce new, modified, and/or additional terms and
conditions relating to the .CA Services;
- modify the types of information which eNom Canada
collects from you;
- introduce a dispute resolution policy; and/or
- change part of the .CA Services provided under this
Agreement at any time.
You expressly acknowledge and agree that if you do
not agree to any such revision or modification, you may terminate this Agreement after
which you will not be entitled to use the .CA Services. By continuing to use the .CA
Services after any revision to this Agreement you agree to abide by and be bound by any
such revisions or changes. For all domain names registered prior to the introduction of
this Agreement, your continued use of your domain name will evidence your agreement to:
(i) this Agreement, (ii) eNom Canada's right to amend this Agreement and to introduce
further terms and conditions, including the imposition of renewal or other registration
fees, and (iii) be bound by such amendments or further terms and conditions.
- Registration of Domain Name. Your application
for or use of the .CA Services or access to or use of your domain name will evidence your
agreement to be bound by this Agreement and any other applicable rules or policies that
are or may be published by eNom Canada or by CIRA. Your eligibility for a domain name will
depend on your fulfillment of the required criteria established by the CIRA, including
that you agree to CIRA's Registrant Agreement and CIRA's Canadian Presence Requirements,
both of which are currently found at http://www.cira.ca/en/cat_Registration.html.
Registration of your domain name is conditioned on CIRA's acceptance of your domain name
registration application. The performance of any services by eNom Canada in connection
with your application will occur at eNom Canada's main office in Kelowna, British
Columbia.
- Agents: When you submit your application for a
domain name through eNom Canada or through any other third party who requests, applies
for, purchases or otherwise acquires the .CA Services on your behalf through eNom Canada,
you will nonetheless be bound as a principal by all terms and conditions herein. When you
use your account or permit someone else to use your account to request, apply for,
purchase or otherwise acquire access to the .CA Services or to modify or cancel the .CA
Services, this Agreement covers any such .CA Services or actions.
- Information Required: You agree to:
- provide to eNom Canada certain current, complete and
accurate information about you as required by the application process; and
- maintain and update this information as needed to
keep it current, complete and accurate.
- Third Parties: You represent and warrant that
you have provided notice to, and obtained consent from, any third parties whose personal
data or information you supply. You further agree to provide such notice and obtain such
consent with regard to any third party personal data or information you supply in the
future. eNom Canada shall not be responsible for any consequences resulting from your
failure to provide notice or receive consent from such individuals nor for your providing
outdated, incomplete or inaccurate information.
- Disclosure: In order to comply with any
current or future rules and policies for domain name systems including any rules or
policies established by the CIRA or any provincial or federal government or by other
organization having control or authority to establish rules or policies, you hereby grant
to eNom Canada the right to disclose to third parties through an interactive publicly
accessible registration database the following information which you are required to
provide when applying for a domain name:
- the domain or sub-domain name(s) registered by you;
- your organization name, type and postal address;
- the name(s), position(s), postal address(es), e-mail
address(es), voice telephone number(s) and where available the fax number(s) of the
technical and administrative contacts for your domain or sub-domain name(s);
- the full hostnames and Internet protocol (IP)
addresses of at least two nameserver hosts (one primary and at least one secondary) for
your domain or subdomain. Up to six nameservers may be specified. If a host has more than
one IP address, use a comma-separated list;
- the corresponding names of those nameservers;
- the original creation date of the registration; and
- the expiration date of the registration.
eNom Canada may be required to make this information
available in bulk form to third parties.
eNom Canada may also transfer or assign this information to CIRA or such other third party
as
eNom Canada may decide, in eNom Canada's sole discretion.
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