Terms
+ Conditions
Application and Registration Agreement
for Assignment of Second Level Domain
Name in a generic Top Level Domain
By submitting the application
form, you acknowledge that you have read and agree to the following Registration
Agreement as well as the Domain Name Dispute Policy, both of which are
part of the application.
REGISTRATION AGREEMENT
This Registration Agreement
("Agreement") sets forth the terms and conditions of your use of ! AlohaNic
DOMAIN registration to register a domain name on the Internet. To complete
the registration process, you must read and agree to be bound by all terms
and conditions of this Agreement, the accompanying fee schedule and dispute
policy, and any rules or policies that are or may be published by ! AlohaNic
DOMAIN registration. This Agreement will become effective if accepted by
! AlohaNic DOMAIN registration.
1. Fees
As consideration for the
domain name registration services provided by ! AlohaNic DOMAIN registration,
you agree to pay ! AlohaNic DOMAIN registration's current initial registration
fees and renewal fees according to the ! AlohaNic DOMAIN registration fee
schedule which is incorporated into this Agreement by reference. The !
AlohaNic DOMAIN registration fee schedule can be found at
http://www.AlohaNic.com/service/domainprice_us.html Payments must be made by credit
card as specified on the ! AlohaNic DOMAIN registration application form.
Your domain name will not be registered unless and until ! AlohaNic DOMAIN
registration has received appropriate authorization from your credit card
company. In case of a declined card or a chargeback, the domain name is
subject to deletion without further notification.
You will be notified by email
notice to your listed administrative and billing contact when
renewals are due, and it shall be your responsibility to ensure that such
fees are paid. Should these fees go unpaid by the time specified
in a second notice or reminder, your registration will be cancelled.
You agree that ! AlohaNic DOMAIN registration shall have no liability
whatsoever with respect to any such cancellation.
If at anytime fees or other
charges payable to the applicable registry or to any other regulatory body
for a domain name registered by ! AlohaNic DOMAIN registration on your
behalf, shall increase, or any additional fee, tax or charge shall become
due and payable to any third party related to a domain name registered
by ! AlohaNic DOMAIN registration on your behalf, fees payable by you to
! AlohaNic DOMAIN registration under this Agreement will increase by such
amount. All registrations are non-cancellable and non-refundable. During
the first sixty days after initial registration it is not possible to transfer
the domain to a different registrar.
2. Dispute Policy
You agree to be bound by
the current ICANN Domain Name Dispute Policy ("Dispute Policy")
which is incorporated into this Agreement by reference. The Dispute Policy
can be found at
http://www.icann.org/udrp/udrp-policy-24oct99.htm.
Any disputes regarding the right to use
your domain name will be subject to the Dispute Policy. ICANN may modify
the Dispute Policy in its sole discretion at any time. Your continued registration
of your domain name after modification to the Dispute Policy becomes effective
constitutes your acceptance of those modifications. If you do not agree
to such a modification, you may request that your domain name be deleted.
You agree that you will be
subject to the provisions specified in the Dispute Policy in effect
at the time your domain name is challenged by a third party. You also agree
that in the event a domain name dispute arises with any third party, you
will indemnify and hold ! AlohaNic DOMAIN registration harmless pursuant
to the terms and conditions contained in the Dispute Policy.
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. ! AlohaNic and or the respective
Registry may not allow you to make changes to such domain name record until (i)
it is directed to do so by the judicial or administrative body, or (ii) it
receives 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.
3. Personal Data
As part of the registration
process, you are required to provide 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 nameservers 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 zone contact for the domain
name; and (viii) any remark concerning the registered domain name that
should appear in the Whois data.
You acknowledge that willfully
providing inaccurate information or willfully failing to
update information promptly, or failing to respond for over fifteen calender
days to inquiries by !AlohaNic concerning the accuracy of contact details
associated with your name registration, will constitute a material breach of this Agreement
and will be a basis for cancellation of your domain name. If you
license use of a domain name to a third party, you are nonetheless the
holder of record of the domain name and are responsible for providing your
own full contact information and for providing and updating accurate technical,
administrative, and zone contact information.
You acknowledge that ! AlohaNic
DOMAIN registration will make some of the information that you provide
during the registration process publicly available as required by ICANN and/or
the Registries.
Additionally, you acknowledge that ICANN and/or the Registries may impose guidelines, limits
and/or requirements that relate to the amount and type of information that
! AlohaNic DOMAIN registration may or must make available to the public
or to private entities. ! AlohaNic DOMAIN registration will not otherwise
disclose your information to any third party unless it is required to maintain
your domain name. You may request a copy of your information in ! AlohaNic
DOMAIN registration's possession to review, modify or update such information.
! AlohaNic will take reasonable precautions to
protect Personal Data from loss, misuse, unauthorized access or disclosure,
alteration, or destruction.
In order to modify your information,
you agree to use the 'MakeChanges' site at
http://register.secureservice.net
Updates to your domain record require mail-to, mail-from contact authorization
and will supply you with a unique website ID in order to process the requested
changes. Updates to email records require faxed documents that will be emailed
to the listed contact in draft form. Updates to domain holder information
require faxed documents with identification verification, draft documents will
be emailed to the current and new holder. ! AlohaNic reserves the right to
change or update these procedures at anytime without prior notification.
As the Registered Name Holder, you
represent that you have informed any third-party individuals, see Paragraph 5
(Agents and Licensees), whose Personal Data is supplied by you, of the 'MakeChanges'
site and its procedures, and you represent that any such third-party individual
consents to its usage and procedures.
4. Use Policies
! AlohaNic DOMAIN registration
reserves the right to suspend or cancel your domain name in the event that you
use the domain name to send unsolicited commercial advertisements
in contradiction to either applicable laws or customary acceptable
usage policies of the Internet, or if you use your domain name
in connection with unlawful activity.
You agree that, to the best of your
knowledge and belief, neither the registration of the registered name nor the
manner in which it is directly or indirectly used infringes the legal rights of
any third party.
5. Agents and Licensees
You agree that, if your domain
name is registered on your behalf by anyone acting as your
agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless
bound as a principal by all terms and conditions provided herein, including
the Dispute Policy.
If you intend to license the use of your
domain name to a third pary, you agree that you remain the registered
domain name holder, and remain responsible for all obligations under this
Agreement, including Paragraph 3, Personal Data. As the registered domain name
holder, you shall accept liability for harm caused by wrongful use of the
registered name, unless it promptly discloses the identity of the licensee to a
party providing the Registered Name Holder reasonable evidence of actionable
harm.
6. Limitation of Liability
YOU AGREE THAT ! AlohaNic
WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR
DUE TO
(a) ANY LOSS OF REGISTRATION
OF A DOMAIN NAME,
(b) THE USE OF YOUR DOMAIN
NAME,
(c) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO ! AlohaNic`S REGISTRATION
SYSTEM;
(d) THE NON-DELIVERY OR
MISDELIVERY OF DATA BETWEEN YOU AND ! AlohaNic;
(e) EVENTS BEYOND ! AlohaNic
`S REASONABLE CONTROL;
(f) THE PROCESSING OF THIS
APPLICATION;
(g) THE PROCESSING OF ANY
MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME,
(h) THE FAILURE OF YOU OR
YOUR AGENT TO PAY ANY FEES HEREUNDER; OR
(i) THE APPLICATION OF THE
DISPUTE POLICY. FURTHER, ! AlohaNic 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 ! AlohaNic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL ! AlohaNic`S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO ! AlohaNic FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3
YEARS UNDER THE TERMS OF THIS AGREEMENT. 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.
7. Indemnity
You agree to defend, indemnify
and hold harmless ! AlohaNic DOMAIN registration and any applicable domain name
registry, including Network Solutions, Inc., and the directors,
officers, employees and agents of each of them, for any loss, damages or
costs, including reasonable attorneys' fees, resulting from any third party
claim, action, or demand related to your domain name or the use thereof.
This indemnification is in addition to any indemnification required under
the Dispute Policy.
8. Representations and Warranties
You represent and warrant
that all information provided by you in connection with your registration
is complete and accurate. ! AlohaNic DOMAIN registration make no representation
or warranties of any kind in connection with this Agreement. ! AlohaNic
DOMAIN registration does not represent or warrant that registration of
your domain name will immunize you from challenges to your domain
name.
9. Breach and Revocation
Any breach by you of this
Agreement or the Dispute Policy must be remedied by you within 30
days of notice by ! AlohaNic DOMAIN registration. If you fail to cure the
breach, ! AlohaNic DOMAIN registration may revoke your registration of
the domain name.
You also agree that ! AlohaNic
DOMAIN registration shall have the right in its sole discretion to revoke, suspend,
transfer or otherwise modify a domain name registration upon seven (7)
calendar days prior written notice, or at such time as ! AlohaNic DOMAIN
registration receives a properly authenticated order from a court of competent
jurisdiction, or arbitration award, re-querying the revocation, suspension,
transfer or modification of the domain name registration.
10. Governing Law
This Agreement, your rights
and obligations and all actions contemplated by this Agreement
shall be governed by the laws of the United States, as if
the Agreement was a contract wholly entered into and wholly performed
within the United States. For the
adjudication of disputes concerning or arising from use of the Registered Name,
you shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2)
where ! AlohaNic is located. Any
action to enforce this Agreement or
any matter relating to your use of the ! AlohaNic DOMAIN registration
site shall be brought exclusively in the courts of the United States
located in Hawaii.
11. General
This Agreement, the ! AlohaNic
DOMAIN registration fee schedule and the Dispute Policy, together with
all amendments or modifications to any of them,
constitute the complete
and exclusive agreement between you and ! AlohaNic DOMAIN registration,
and supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in this
Policy shall be construed as creating any agency, partner-ship,
or other form of joint enterprise between the parties. The failure of !
AlohaNic DOMAIN registration 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 ! AlohaNic DOMAIN registration
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 Agreement
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 Agreement unenforceable or invalid as a whole. ! AlohaNic
DOMAIN registration will amend or replace such provision with one that
is valid and enforceable and which achieves, to the extent possible, the
original objectives and intent of ! AlohaNic DOMAIN registration as reflected
in the original provision. No provision of this Agreement, including the
! AlohaNic DOMAIN registration fee schedule and the Dispute Policy, may
not be amended or modified by you except by means of a written document
signed by ! AlohaNic DOMAIN registration.
Addendum: Reservation of Rights
You agree that your registration of a domain name
shall be subject to suspension, cancellation, or transfer pursuant to any ICANN
adopted specification or policy, or pursuant to any Registrar or Registry
procedure not inconsistent with an ICANN adopted specification or policy, (1) to
correct mistakes by ! AlohaNic, a Registrar or the Registry Operator in
registering the name or (2) for the resolution of disputes concerning the
registered name.
! AlohaNic and/or any
applicable domain name Registry 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 respective Registry, to comply with any
applicable laws, government rules or requirements, request of law enforcement,
in compliance with any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of ! AlohaNic and/or the applicable domain name
Registry, as well as their affiliates, subsidiaries, officers, directors and
employees. ! AlohaNic and/or any applicable domain name Registry also reserve
the right to freeze a domain name during resolution of a dispute.
Registration Service: ! AlohaNic
Domain registration
USA, March 2002
