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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
- 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.
- Phase II Defensive Registrants may apply for a Defensive Registration
for any string or combination of strings.
- 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:
- There are two levels of Defensive Registrations, each of which
is subject to payment of a separate fee;
- Multiple persons or entities may obtain identical or overlapping
Defensive Registrations upon payment by each of a separate registration
fee;
- The Defensive Registrant must provide the information requested
in Section 3(i) below;
- 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
- 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.
- In addition to the information provided in subsection (i) above,
Phase I Defensive Registrants must also provide
- the name, in ASCII characters, of the trademark or service mark
being registered;
- the date the registration issued;
- the country of registration; and
- the registration number or other comparable identifier used by
the registration authority
- 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
- If you registered a Defensive Registration, you agree that:
- the Defensive Registration will be subject to challenge pursuant
to the Eligibility Requirements Dispute Resolution Policy ("ERDRP");
- if the Defensive Registration is successfully challenged pursuant
to the ERDRP, the Defensive Registrant will pay the challenge
fees; and
- 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
- 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.
- 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 eNom, Inc. 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
- we are directed to do so by the judicial or administrative body, or
- 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:
- You have the authority to enter into this Agreement; and
- The registered domain name or second level domain ("SLD") email address
is your Personal Name.
- 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 the information
contained in the Whois directory, including:
- your full name and postal address, email address, voice telephone
number, and fax number, if available;
- the IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name;
- the full name, postal address, email address, voice telephone number,
and fax number, if available, of the technical contact for the domain
name;
- the full name, postal address, email address, voice telephone number,
and fax number if available of the administrative contact for the
domain name;
- 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.
- 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:
- the Eligibility Requirements (the "Eligibility Requirements"), available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
- 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 landrush procedures in connection with the opening
of the Registry TLD. The following categories of Personal Name Registrations
may be registered:
- the Personal Name of an individual;
- the Personal Name of a fictional character, if you have trademark or
service mark rights in that character's Personal Name;
- 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
- registered domain names and SLD email address registrations within
.NAME on the grounds that a Registrant does not meet the Eligibility
Requirements, and
- 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 eNom 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
- we are directed to do so by the judicial or administrative body, or
- 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
- 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.
- You undertake to familiarize yourself with the content of and to
comply with the generally accepted rules for Internet and email usage.
This includes, but is not limited to the Acceptable Use Policy, available
at _____________, as well as the following restrictions. Without prejudice
to the foregoing, you undertake not to use Email Forwarding:
- 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;
- 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;
- 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
- 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.
- 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 eNom, Inc. to give
feedback on the decision.
- You understand and agree that Registry Operator may delete material
that does not conform to clause (iii) 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.
- 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
eNom, Inc. 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 eNom, Inc.
and/or Registry Operator, as well as their affiliates, subsidiaries, officers,
directors and employees. eNom, Inc. and Registry Operator also reserve
the right to freeze a Defensive Registration during a resolution of a dispute.
- LIMITATION OF LIABILITY
You agree that Registry Operator will have no liability of any kind for any
loss or liability resulting from
- 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
- 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 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:
- 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
- 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.
Changes to this Statement
Completecents.com reserves the right to make changes to this Statement and to
our information gathering and dissemination practices and will provide notification
of the change with a minimum of thirty (30) business days prior to the changes
taking effect. If as a result of this change, the users' personally identifiable
information will be used in a manner different from that stated at the time of
collection they will be given choice.
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