This is an agreement between “you” and EnCirca, Inc. (“EnCirca”) a United States Corporation based in the state of Massachusetts. This agreement explains the basis upon which all transactions, including domain registrations and related services, between you and EnCirca will take place and our responsibilities toward each other.
This agreement covers any other services offered by EnCirca, including: DNS management, website and email hosting and online marketing services.
The term “you” shall refer to yourself. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you’ve established with EnCirca, whether or not the transactions were in your behalf.
To complete the order process, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions. You acknowledge that EnCirca is a reseller of various services and an accredited registrar bound by an agreement between EnCirca and the Internet Corporation for Assigned Names and Numbers (“ICANN”). You also acknowledge that EnCirca is a registrar bound by Registrar-Registry Agreements between EnCirca and various Domain Name Registries.
You agree that EnCirca may modify this agreement in order to comply with applicable law and the terms and conditions set forth by ICANN or any Domain Name Registry.
You acknowledge that EnCirca’s acceptance of any application made by you for services provided by EnCirca will take place at EnCirca’s offices located in Massachusetts, USA.
In consideration for the services and products (“service”) purchased by you and provided to you by EnCirca, you agree to pay EnCirca at the time service is provided. Payment is to be made by you providing a valid credit card for charge by EnCirca, and is non-refundable. If for any reason EnCirca is unable to charge your credit card with the full amount owed EnCirca for the service provided, or if EnCirca is charged back for any fee it previously charged to the credit card you provided, you agree that EnCirca may pursue all available remedies in order to obtain payment. You agree that among the remedies EnCirca may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names registered or renewed on your behalf.
You agree that we may, at EnCirca’s sole discretion, allow you to renew your domain name after its expiration date has passed. Transfer of your domain following the expiration date is not permitted. You agree that after the expiration date of your domain name registration and before it is deleted or renewed, we may direct your domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other temporary page that may include promotions and advertisements for, and links to, EnCirca’s Web site, EnCirca product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain name.
While all transactions are processed in U.S. dollars, EnCirca may provide an estimated conversion price to currencies other than U.S. dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimated conversion price at the time of purchase. Due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and EnCirca makes no representations or warranties that the estimated conversion price will be the same as, or reflective of, either (a) the amount processed or (b) the amount posted to your bank statement, and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, you acknowledge and agree that you may be charged exchange rate conversion fees.
You represent and warrant to the best of your knowledge that, neither the registration of the domain nor the manner it is directly or indirectly used, infringes the legal rights of any third party. You will comply with all applicable laws, including, but not limited to those relating to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, and disclosure of data and financial disclosures.
If you collect and maintain sensitive health and financial data, you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. You represent that you possess any necessary authorization, charter, license, and/or other related credential for participation in the sector associated with the associated registry tld string.
You will report any material changes to the validity of your authorization, charter, license, and/or other related credential. You will indemnify and hold harmless the registrar and registry operator, and their 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 related to the domain name registration.
EnCirca assumes your purchase qualifies as a non-taxable transaction based on your legal status or country of residence.
The term of this agreement shall continue in full force and effect as long as you have any domain name registered through EnCirca. You agree that you will not transfer any domain name registered through EnCirca to another domain name registrar during the first sixty (60) days from its initial registration date or during the first sixty (60) days from the effective date of a Registrar Transfer to EnCirca.
You agree that EnCirca may modify this agreement from time to time. EnCirca may also discontinue services it provides under this agreement. You agree to be bound by any changes EnCirca may reasonably make to this agreement when such changes become effective. Should you elect to cancel your agreement with EnCirca you will not receive a refund for any fees you may have paid to EnCirca.
You agree that EnCirca shall not be bound by any representations made by third parties who you may use to purchase services from EnCirca, and that any statements of a general nature, which may be posted on EnCirca’s web site or be contained in EnCirca’s promotional materials, will not bind EnCirca.
You agree to provide EnCirca with accurate and reliable contact details upon registration and during the term of the domain registration.
This information includes:
Further, you agree to notify EnCirca within seven (7) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide EnCirca with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within fifteen (15) business days to any inquiries made by EnCirca to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement, and can be a basis for suspension and/or cancellation of the domain registration.
You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN or Registry Policy and may be sold in bulk as set forth in the applicable ICANN or Registry agreements:
You agree that, to the extent permitted by ICANN and/or the applicable Registry, EnCirca may make use of the publicly available information you provided during the registration and renewal processes. EnCirca may also communicate with you regarding any other transaction involving your domain or any ICANN-mandated policy, including Whois Data reminders.
You agree that EnCirca may send you marketing offers and communications from time-to-time via email, telephone, fax or your postal address. You are free to opt-out of these communications at any time.
If you engage in the reselling of domain names you agree to provide any individuals whose personal information you’ve obtained, information about the possible uses of their personal information pursuant to ICANN and/or the applicable Registry policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.
Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own 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 Registered name. A Registrant licensing use of a Registered name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registrant reasonable evidence of actionable harm
You explicitly authorize us to act as your “Designated Agent” (as defined in ICANN’s transfer policy ) to approve each “Change of Registrant” (as defined in ICANN’s transfer policy ) on your behalf.
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. 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 and accurate 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 and for ensuring non-infringement of any third party intellectual property rights or other rights.
You agree to be bound by EnCirca’s current Dispute Resolution Policy ( here ) as well as any dispute policies in effect for the respective top level domains. This policy is incorporated herein and made a part of this agreement. The current dispute policy can be found at: http://www.encirca.com/legal/udrp/.
You agree that EnCirca may from time to time modify its Dispute Resolution Policy. EnCirca will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining your domain name registrations with EnCirca after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review EnCirca’s web site periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel your agreement with EnCirca as a result of the modified Dispute Resolution policy no fees will be refunded to you.
You agree that if a dispute arises as a result of one or more domain names you have registered using EnCirca, you will indemnify, defend and hold EnCirca harmless as provided for in this agreement. You also agree that if EnCirca is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using EnCirca, that EnCirca, in its sole discretion, may take whatever action EnCirca deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold EnCirca harmless for any action taken by EnCirca.
If you transfer any domain name you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement. You may view the current version of our Domain Transfer Agreement at: http://www.encirca.com/legal/transfer
You agree to inform any customer of yours, who may be acquiring a domain name through you using EnCirca’s registration services, that they are in fact registering their domain name through EnCirca and that EnCirca is an accredited registrar with ICANN and/or the applicable Registry. You agree not to represent that you are an ICANN and/or the applicable Registry accredited registrar or that you are in any way providing superior access to the applicable Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site.
You agree to obtain each of your customers’ acceptances of EnCirca’s then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customer’s accept additional terms and conditions that are not required by EnCirca, you agree that such additional terms and conditions shall not conflict with EnCirca’s Domain Registration Agreement and the policies and business procedures adopted by ICANN and/or the applicable Registry.
You agree that EnCirca is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to EnCirca’s registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN and/or the applicable Registry requirements for inclusion in the Whois database.
You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within 5 business days, provide such information to EnCirca so EnCirca may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide EnCirca copies of same.
You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by EnCirca is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN and/or the applicable Registry.
You agree that your failure to comply completely with the terms and conditions of this agreement and any EnCirca rule or policy may be considered by EnCirca to be a material breach of this agreement and that EnCirca may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide EnCirca with material evidence that you have not breached your obligations to EnCirca within ten (10) business days, EnCirca may terminate its relationship with you and take any remedial action available to EnCirca under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your domain names and discontinuing any services provided by EnCirca to you. No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach. EnCirca’s failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.
You agree not to use the services provided by EnCirca, or to allow or enable others, to use the services provided by EnCirca for the purposes of: The transmission of unsolicited email (SPAM) Repetitive, high volume inquires into any of the services provided by EnCirca (i.e. domain name availability, etc.).
You agree that EnCirca, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. EnCirca also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. EnCirca may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event EnCirca refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to EnCirca in connection with the registration either being canceled or refused. In the event EnCirca deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.
You agree that EnCirca’s entire liability to you under this agreement, and your only remedy, in connection with any service provided by EnCirca to you under this agreement, and for any breach of this agreement by EnCirca, shall be limited to the fees you paid to EnCirca for the particular service in contention.
ENCIRCA AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF ENCIRCA’S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, ENCIRCA’S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
ENCIRCA DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
You agree to release, defend, indemnify and hold harmless EnCirca and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney’s fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with EnCirca whether or not on your behalf, and whether or not with your permission) use of the services provided by EnCirca. Should EnCirca be notified of a pending law suit, or receive notice of the filing of a law suit, EnCirca may seek a written confirmation from you concerning your obligation to indemnify EnCirca. Your failure to provide such a confirmation may be considered a breach of this agreement.
For .com, .net and .cc domain names: You agree to indemnify, defend and hold harmless VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration.
For .us domain names: You agree to indemnify and hold harmless NeuStar, the .US Registry, and its 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) .US domain name registration and (ii) use of any .US registered domain name. This indemnification shall survive the termination or expiration of the this Registration Agreement.
For .name domain names: You agree to indemnify, defend and hold harmless Global Name Registry (GNR), and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder’s registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.
For .biz domain names: You agree to indemnify and hold harmless NeuLevel, and its 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) .BIZ domain name registration and (ii) use of any .BIZ registered domain name. This indemnification shall survive the termination or expiration of the this Registration Agreement.
For .info domain names: You agree to indemnify, defend and hold harmless Afilias, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder’s registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.
For .cn domain names: You agree to indemnify, defend and hold harmless CNNIC, Neustar Inc., and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, 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 Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.
For .org domain names: You agree to indemnify, defend and hold harmless Public Interest Registry (PIR), and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder’s registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.
For .pro domain names: You agree to indemnify, defend and hold harmless RegistryPro, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder’s registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.
For .tw domain names: You agree to indemnify, defend and hold harmless TWNIC, Neustar Inc., and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, 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 Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.
For .pw domain names: You agree to indemnify, defend and hold harmless PW Registry Corp., and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, 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 Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.
For .jobs domain names: You agree to indemnify, defend and hold harmless Employ Media LLC, and its subcontractors, directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, 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 Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.
For .travel domain names: You agree to indemnify, defend and hold harmless Tralliance Corporation, and its subcontractors, directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, 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 Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.
For .eu domain names: You agree to indemnify, defend and hold harmless EURid, and its subcontractors, directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, 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 Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.
For .mobi domain names: You agree to indemnify, defend and hold harmless Registry Operator, and its subcontractors, directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, 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 Registered name. This indemnification shall survive the termination or expiration of the this Registration Agreement.
For .ws domain names: You agree to indemnify, defend and hold harmless the .WS Registry Operator, Global Domains International, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration policies for this ccTLD are available online and are incorporated herein.
For .aero domain names: You agree to indemnify, defend and hold harmless the .AERO Registry Operator, The .AERO Sponsor, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. You agree to be bound by any registry rules, policies, and agreements for this TLD. The registration policies for this TLD are available online and are incorporated herein.
The Registered Name Holder agrees to indemnify, to the maximum extent permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited 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 the Registered Name Holder’s domain name registration and or use. Notwithstanding the other provisions in this Agreement, the Registered Name Holder agrees that this indemnification obligation shall survive the termination or expiration of this registration agreement.
For .4U.com domain names: You agree to indemnify, defend and hold harmless the 4U.com Registry Operator, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. You agree to be bound by any registry rules, policies, and agreements for this TLD. The registration policies for this TLD are available online and are incorporated herein.
You agree that EnCirca makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name you register with EnCirca.
EnCirca expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, pursuant to any Registrar or Registry adopted policy, to correct mistakes by EnCirca or the applicable Registry in registering the name or, to protect the integrity and stability of the registry, to comply with any applicable national, state or local laws, government rules or requirements, regulation or court orders, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of EnCirca, as well as its affiliates, subsidiaries, officers, directors and employees. EnCirca also reserves the right to freeze a domain name during resolution of a dispute.
WE EXPRESSLY DISCLAIM 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. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.
You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and EnCirca regarding the services contemplated herein.
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF MASSACHUSETTS. EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH ENCIRCA, THE LAWS AND JUDICIAL DECISIONS OF MIDDLESEX COUNTY, MASSACHUSETTS, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MIDDLESEX COUNTY, MASSACHUSETTS.
FOR THE ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM USE OF THE REGISTERED NAME, THE REGISTERED NAME HOLDER SHALL SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE JURISIDICTIONS, TO THE JURISDICTION OF THE COURTS (1) OF THE REGISTERED NAME HOLDER’S DOMICILE AND (2) THE U.S. DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS, LOCATED IN BOSTON, MASSACHUSETTS, USA.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
You agree that all notices (except for notices concerning breach of this agreement) from EnCirca to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address you have on file with EnCirca or mailed first class postage to the postal address you have on file with EnCirca. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from you to EnCirca shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
EnCirca, Inc.
400 West Cummings Park
Suite 1725
Woburn, MA. USA 01801
Delivery shall be deemed to have been made by you to EnCirca five (5) days after the date sent.
Domain names registered through EnCirca may be pointed to a “Now Registered!” Web page which informs visitors that the registrant has registered their domain name via EnCirca.
The Now Registered! Web page may be modified at any time by EnCirca without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by EnCirca, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.
If for any reason you do not wish to have the domain name you have registered pointed to the Now Registered Web page described above, you can have your domain pointed to a generic parking page that does not contain any third party links. You may also elect to have no parking page at all. Please contact our Customer Support team to request one of these options.
All terms covered in general items. For more info on DMARC, go here .
Additional Terms for Resellers and their Customers
A reseller is a third-party company that offers domain name registration services through a registrar. They are often the EnCirca Account Owner but not the Domain Registrant. There are additional requirements for resellers of registrars under the 2013 Registrar Accreditation Agreement (RAA), including web posting obligations, disclosure requirements, and oversight by registrars.
.CPA Specific Reseller Obligations and Restrictions
.POST Specific Reseller Obligations and Restrictions
The Registrant acknowlegdes that prohibited uses of domain name include engaging in, participating in, sponsoring or hiding Your involvement in, illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) defame, embarrass, harm, abuse, threaten, or harass third parties; (ii) violate state or federal laws of the United States and/or foreign territories; (iii) involve hate crimes, bomb-making, terrorism and child pornography; (iv) are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (v) impersonate the identity of a third party; (vi) harm minors in any way; or (vii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, timebombs or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data or personally identifiable information.
The Registrant acknowledges having read and understood and agrees 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 4U.com Dispute Resolution Policy (“Policy”) available at http://www.icann.org/udrp/.
The Policy 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.
EnCirca and/or Registry Operator expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, pursuant to any Registrar or Registry adopted policy, to correct mistakes by EnCirca or the applicable Registry in registering the name or, 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 EnCirca, as well as its affiliates, subsidiaries, officers, directors and employees. EnCirca and/or Registry Operator also reserves the right to freeze a domain name during resolution of a dispute.
Also, I certify, on behalf of myself and/or the registrant, that the registrant is a legal professional and all information is true and accurate.
You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found here .
Registrant agrees that failure to abide by any provision of this agreement or any relevant domain name dispute policy may be considered by Registrar or the Sponsor as a material breach and that Registrar or the Sponsor may provide a notice describing the breach to the Registrant. If ,within 30 days of the date of the notice, the Registrant fails to provide evidence, which is reasonably satisfactory to the Registrar or the Sponsor (as the case may be) that it has not breached its obligations, then Registrar or the Sponsor may delete Registrant’s registration of the domain name. Any such breach by a Registrant shall not be taken to be excused simply because the Registrar or the Sponsor did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile, email or other electronic means.
You acknowledge and agree to the TLD policies, which may be found here.
In addition to the complying with the Registrar’s policies, the Registered Name Holder agrees to comply with those ICANN requirements, standards, policies, procedures, and practices for which the Registry Operator DotAsia Organisation Limited has monitoring responsibility in accordance with the Registry Agreement or with other arrangements with ICANN.
The Registered Name Holder agrees to comply with all the operational standards, policies, procedures, and practices for the .ASIA Registry as established from time to time in a non-arbitrary manner by DotAsia Organisation Limited (“Registry Policies”). The Registered Name Holder acknowledges that Registry Policies are applicable to all registrars and/or registered name holders. Any changes of the Registry Policies by the DotAsia Organisation Limited that are consistent with the Registry Agreement shall be effective upon thirty (30) days’ notice by DotAsia Organisation Limited to Registrar.
The Registered Name Holder agrees to be bound by the terms and conditions as set down by DotAsia Organisation Limited during the initial launch and the general operations of the .ASIA TLD, including without limitation its Start-Up Policies where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.
The Registered Name Holder agrees to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and to proceedings commenced under ICANN’s Charter Eligibility Dispute Resolution Policy (“CEDRP”).
The Registered Name Holder agrees to submit to proceedings commenced under other dispute resolution policies as set forth by DotAsia Organisation Limited from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .ASIA Registry.
The Registered Name Holder acknowledges and agrees to comply with the .ASIA Charter Eligibility Requirement. The Registered Name Holder acting as Registrant Contact represents and warrants that it has made known to the Charter Eligibility Declaration Contact (the “CED Contact”), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder’s legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited’s .ASIA Charter Eligibility Requirement Policy published from time to time.
Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.
The Registered Name Holder acknowledges and agrees that DotAsia Organisation Limited and Registry Services Provider, acting in consent with DotAsia Organisation Limited, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its sole discretion (i) to protect the integrity security, and stability of the registry; (ii) to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of DotAsia Organisation Limited as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein: or (v) to correct mistakes made by DotAsia Organisation Limited, the Registry Services Provider or any registrar in connection with a domain name registration. DotAsia Organisation Limited also reserves the right to freeze a Registered Name such as placing a domain name on hold, lock, or other status during the resolution of a dispute.
Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third party beneficiary rights under this Agreement in agreeing to EnCirca being a registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation Limited shall survive any termination or expiration of this Agreement. The Registered Name Holder acknowledges that in the event of conflict between this section of the Agreement and other sections of the same, this section shall prevail.
Additional provisions for .BANK registrations can be found at https://www.register.bank/policies which include but are not limited to the following policies and related requirements which may be amended from time to time:
Obligations of the Name Holder
All Registered Name Holders must enter into a Registration Agreement with Registrar. The Registry Operator reserves the right to deny, cancel or transfer any Registered Name registration or transaction, or place any Registered Name (s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry Operator, Registry Service Provider, Registry Verification Agent, Registrar and/or any other contractually obligated vendors in connection with a domain name registration, or (iii) for the non-payment of Fees to Registry Operator. Registered Name Holder agrees to the collection of Personal Data for the uses above.
The Registered Name Holder is required to comply with ICANN standards, policies, procedures, and practices for which Domain Name Registry has monitoring responsibility in accordance with their Registry Agreement or other arrangement with ICANN
The Registered Name Holder is also required to comply with all applicable national, state or local law, regulation or court order in relation to its operations and registrations of the Registry TLD
Acceptable Use and Anti-Abuse
The Registered Name Holder is prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and consequences for such activities, include suspension of the domain name.
Registrant Compliance
Registrant shall take all necessary action(s) as directed by EnCirca or Registry Operator in relation to compliance actions, directives, or instructions from ICANN, and/or as otherwise directed by Registry Operator in its sole discretion as being reasonably necessary for the provision of Registry Services, and enforcing compliance with Registry Operator’s Operational and Security Requirements and Operations Pledge, including monitoring for compliance regarding the Registered Name. .
Time of Entry Disputes
Each Registered Name Holder to agree that in the event of any dispute concerning the time of the entry of a Registered Name registration into the Registry System, the timestamp shown in the Registry System records shall control.
Indemnity Clause
Registered Name Holder to indemnify, defend and hold harmless the Registry Operator, Registry Service Provider, Registry Verification Agent, and other contractually obligated vendors, and in each case, their Affiliates, partners, subcontractors, subsidiaries, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors, and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action, or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with, the Registered Name Holder’s domain name registration. The Registration Agreement shall further require that this indemnification obligation of Registered Name Holder shall survive the termination or expiration of the Registration Agreement.
No Whois Proxy
EnCirca shall not provide, and shall not permit an Affiliate or third party to provide, the use of privacy or proxy registration services by the Registered Name Holder in registering or maintaining domain name registrations with the TLD Security Requirements available here .
Premium Registration Pricing
Non-standard domains have non-uniform registration and renewal pricing such that the Registration Fee for a nonstandard domain name registration (e.g., domain names allocated through Request for Proposal or auction, single-characters, two-letters) may differ from the Registration Fee for a standard domain name registration in the TLD.
Misc
EnCirca does not represent that it is in any way providing superior access to the .BANK Registry.
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies. Domain Names must:
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here.
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
Additional Requirements
In addition to the other requirements in these Terms and Conditions, Registrar must expressly include in its electronic or paper Registration Agreement with Registrants, provisions stating that Registrants who hold themselves out to be licensed medical practitioners must be able to demonstrate to the Registrar and Registry, upon request, that they hold the applicable license.
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
Additional requirements for GMBH
Registrants in .GMBH should, upon request by the Registrar or Registry, be able to demonstrate designation, or pending designation, as a GmbH (Gesellschaftmit beschränkter Haftung) limited liability entity whose existence can be validated with the respective public authoritiesin Austria,Germany, Liechtenstein or Switzerland.
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
Specific .INSURANCE security requirements can be found at:
Additional provisions for .INSURANCE registrations can be found at https://www.register.insurance/policies/ which include but are not limited to the following policies and related requirements which may be amended from time to time:
Obligations of the Name Holder
All Registered Name Holders must enter into a Registration Agreement with Registrar. The Registry Operator reserves the right to deny, cancel or transfer any Registered Name registration or transaction, or place any Registered Name (s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry Operator, Registry Service Provider, Registry Verification Agent, Registrar and/or any other contractually obligated vendors in connection with a domain name registration, or (iii) for the non-payment of Fees to Registry Operator. Registered Name Holder agrees to the collection of Personal Data for the uses above.
The Registered Name Holder is required to comply with ICANN standards, policies, procedures, and practices for which Domain Name Registry has monitoring responsibility in accordance with their Registry Agreement or other arrangement with ICANN
The Registered Name Holder is also required to comply with all applicable national, state or local law, regulation or court order in relation to its operations and registrations of the Registry TLD
Acceptable Use and Anti-Abuse
The Registered Name Holder is prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and consequences for such activities, include suspension of the domain name.
Registrant Compliance
Registrant shall take all necessary action(s) as directed by EnCirca or Registry Operator in relation to compliance actions, directives, or instructions from ICANN, and/or as otherwise directed by Registry Operator in its sole discretion as being reasonably necessary for the provision of Registry Services, and enforcing compliance with Registry Operator’s Operational and Security Requirements and Operations Pledge, including monitoring for compliance regarding the Registered Name.
Time of Entry Disputes
Each Registered Name Holder to agree that in the event of any dispute concerning the time of the entry of a Registered Name registration into the Registry System, the timestamp shown in the Registry System records shall control.
Indemnity Clause
Registered Name Holder to indemnify, defend and hold harmless the Registry Operator, Registry Service Provider, Registry Verification Agent, and other contractually obligated vendors, and in each case, their Affiliates, partners, subcontractors, subsidiaries, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors, and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action, or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with, the Registered Name Holder’s domain name registration. The Registration Agreement shall further require that this indemnification obligation of Registered Name Holder shall survive the termination or expiration of the Registration Agreement.
No Whois Proxy
EnCirca shall not provide, and shall not permit an Affiliate or third party to provide, the use of privacy or proxy registration services by the Registered Name Holder in registering or maintaining domain name registrations with the TLD Security Requirements available here .
Premium Registration Pricing
Non-standard domains have non-uniform registration and renewal pricing such that the Registration Fee for a nonstandard domain name registration (e.g., domain names allocated through Request for Proposal or auction, single-characters, two-letters) may differ from the Registration Fee for a standard domain name registration in the TLD.
Misc
EnCirca does not represent that it is in any way providing superior access to the .INSURANCE Registry.
Additional Requirements for .JP Registrants
You agree to be bound by any registry rules, policies, and agreements for this ccTLD, which are incorporated herein. You must choose from the following list of Japanese Prefecture codes and submit this information with Your order. Prefecture codes are defined as follows:
02 AOMORI
14 IBARAKI
26 WAKAYAMA
38 EHIME
03 IWATE
15 TOCHIGI
27 HYOGO
39 KOCHI
04 AKITA
16 GUNMA
28 TOYAMA
40 FUKUOKA
05 YAMAGATA
17 YAMANASHI
29 FUKUI
41 SAGA
06 MIYAGI
18 SHIZUOKA
30 ISHIKAWA
42 NAGASAKI
07 FUKUSHIMA
19 GIFO
31 OKAYAMA
43 KUMAMOTO
08 NIIGATA
20 AICHI
32 SHIMANE
44 OITA
09 NAGANO
21 MIE
33 YAMAGUCHI
45 MIYAZAKI
10 TOKYO
22 KYOTO
34 TOTTORI
46 KAGOSHIMA
11 KANAGAWA
23 SHIGA
35 HIROSHIMA
47 OKINAWA
12 CHIBA
24 NARA
36 KAGAWA
You acknowledge and agree to the TLD policies, which may be found here .
Also, I certify, on behalf of myself and/or the registrant, that the registrant is a legal professional and all information is true and accurate.
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
Personal Name domain names and Personal Name email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding. According to the Eligibility Requirements, 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 email address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations within .name.
You agree that Registry Operator may modify the dispute policy from time to time. Registry Operator will post any such revised policy on its 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 .name 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.
ELIGIBILITY REQUIREMENTS – DISPUTE RESOLUTION
You represent and warrant that the name you are registering is your legal, personal name, or that you own the intellectual property rights to that name. If at any time it is discovered that it is not your legal personal name, or your intellectual property, GNR and EnCirca reserve the right to cancel your registration without refund, or transfer it to another party. In addition to the above you agree to be bound by the provisions of the entire Eligibility Requirements Dispute Resolution Policy available at http://www.nic.name/downloads/erdrp.pdf.
WAIVER OF LIABILITY
You agree that GNR and EnCirca will have no liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, the ability or inability to obtain a domain name or email address registration using these processes; or (ii) any dispute over any domain name or email address registration, including the decision of any dispute resolution proceeding related to any of the foregoing.
NAME EMAIL
(a) The service for which you have registered may, at your option, include .name Email. To the extent you opt to use .name Email, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of .name Email, including the content of messages sent through .name Email.
(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, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf, as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use .name Email:
(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 .name Email.
(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 .name Email. You further understand and agree that Registry Operator is at liberty to block your access to .name Email if you use .name Email in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the .name Email 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 .name Email without notice if the technical stability of .name Email is threatened in any way, or if you are in breach of this Agreement. On discontinuing .name Email, 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 .name Email, Registry Operator will do so in accordance with such requirement and without notice to you.
NAMEWATCH
The NameWatch service allows monitoring of all registrations on the .name gTLD. Any registration of a .name, both Domain Names and .name Email, where the trademark/string is included, will trigger notification. This will allow the intellectual property holder early identification of potential threats. The reports, which cover both Domain Names and .name Email, are available daily, weekly or monthly and can significantly increase the trademark holder’s protection and follow-up of the trademark; provided that neither The Global Name Registry, Limited (“Registry Operator”) nor we provide no guarantee that any potential threats will be identified.
DISCLAIMER
Registry Operator will make every effort to maintain the completeness and accuracy of any results of the NameWatch, but cannot guarantee that the results are error-free. You understand, therefore, that any reports provided through the NameWatch service are on an “as is” basis without any warranties. BY USING NAMEWATCH REPORTS AND THE INFORMATION CONTAINED HEREIN OR THEREIN, IT IS ACCEPTED THAT REGISTRY OPEATOR IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH, THE REPORT OR THE INFORMATION CONTAINED, NOR OMISSIONS OR MISSING INFORMATION. THE RESULTS OF ANY NAMEWATCH REPORT CANNOT BE RELIED UPON IN CONTEMPLATION OF LEGAL PROCEEDINGS WITHOUT FURTHER VERIFICATION NOR DO SUCH RESULTS CONSTITUTE A LEGAL OPINION. Acceptance of the results of the NameWatch service constitutes acceptance of these terms, conditions and limitations.
LIMITATION OF LIABILITY
You agree that Registry Operator will have no liability of any kind for any loss or liability resulting from (i) the processing of NameWatch reports; or (ii) any dispute over any .name Domain Name, .name Email address or Defensive Registration, including the decision of any dispute resolution proceeding related to any of the foregoing.
DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of trademarks 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 registrant which aims to prevent a third party from registering either (i) any variation of a trademark (a Premium Defensive Registration), or (ii) an exact match of a trademark (a Standard Defensive Registration), which registration will not resolve within the domain name system.
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 EnCirca 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.
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 10 days to respond to a request for consent.
RESERVATION OF RIGHTS
EnCirca 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 EnCirca and/or Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees. EnCirca and Registry Operator also reserve the right to freeze a Defensive Registration during a resolution of a dispute.
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
3.6 Additional Requirements for Registration Agreement.
In addition to the ICANN standards, Registered Name Holders are required to:
8.1 Dispute Resolution.
Other Policies are here:
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
In addition to agreeing to all terms contained herein, registrant also agrees to the terms below:
Obligations of the Name Holder
You (also identified as “Registered Name Holder(s)”) agree to any additional terms as set forth in any Registration Agreement as publicly posted at Registry Operator’s website. The Registry Operator reserves the right to deny, cancel or transfer any domain name (each, a “Registered Name”) registration or transaction, or place any Registered Name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry Operator, Registry Service Provider, Registry Verification Agent, Registrar and/or any other contractually obligated vendors in connection with a domain name registration, or (iii) for the non-payment of Fees. Any information that you provide to the Registrar and/or the Registry Operator related to your registration and use of your .realestate domain name(s), and any information related to your public use of your .realestate domain name(s), including your and/or your related entity or entities’ use of such (including screen captures of such use) (collectively, your “Information”), may be used by Registry Operator in performance of the obligations, promotion and duties of Registry Operator, and may be made publicly available, as required by ICANN or pursuant to registry operation. You consent to the use, copying, reproduction, distribution, publication, modification, and other processing of your Information, your .realestate domain and any website resolving at your .realestate domain by Registry Operator and Registry Operator’s designees and agents in a manner consistent with Registry Operator’s obligations and rules, guidelines and procedures for maintaining and operating the .realestate registry, including promotion thereof. You consent to use of the Information for the purposes set forth above, and irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Information by Registry Operator, Registrar, or any designees and agents thereof. The Registered Name Holder is required to comply with ICANN standards, policies, procedures, and practices for which Domain Name Registry has monitoring responsibility in accordance with their Registry Agreement or other arrangement with ICANN. The Registered Name Holder is also required to comply with all applicable national, state or local law, regulation or court order in relation to its operations and registrations of the Registry TLD.
Acceptable Use and Anti-Abuse
The Registered Name Holder is prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and consequences for such activities, include suspension of the domain name.
Registrant Compliance
Registrant shall take all necessary action(s) as directed by EnCirca or Registry Operator in relation to compliance actions, directives, or instructions from ICANN, and/or as otherwise directed by Registry Operator in its sole discretion as being reasonably necessary for the provision of Registry Services, and enforcing compliance with Registry Operator’s Operational and Security Requirements and Operations Pledge, including monitoring for compliance regarding the Registered Name.
Indemnity Clause
Registered Name Holder to indemnify, defend and hold harmless the Registry Operator, Registry Service Provider, Registry Verification Agent, and other contractually obligated vendors, and in each case, their Affiliates, partners, subcontractors, subsidiaries, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors, and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action, or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with, the Registered Name Holder’s domain name registration. This indemnification obligation of Registered Name Holder shall survive the termination or expiration of the Registration Agreement.
Premium Registration Pricing
Non-standard domains have non-uniform registration and renewal pricing such that the Registration Fee for a nonstandard domain name registration (e.g., domain names identified as Premium or allocated through Request for Proposal or auction, single-characters, two-letters) may differ from the Registration Fee for a standard domain name registration in the TLD.
You acknowledge and agree to the TLD policies, which may be found here .
Additional requirements for REISE
Registrations in .REISE should contain one administrative contact that is a natural person who, as an agent for the Registrant, has the right to make binding decision on all matters concerning the applied for Domain Name.
By submitting Applications to the Registry, or when modifying any Registration, the Registrar represents and warrants that the Applicant or Registrant, as the case may be, has acknowledged that Domain Names registered in .REISE should be used for purposes dedicated to travel topics within six months following initial Registration, e.g. utilized on the Internet or otherwise used to perform a function.
Registrants:
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found below:
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies below:
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
This domain name agreement shall be interpreted and governed by the laws of Taiwan.Registrant shall obey and comply with any and all applicable laws, regulations and administrative policies promulgated by Taiwan government agency.
Registrant agrees to obey, comply and be bound by the TWNIC rules and regulations and their any and all updates, revisions and modifications, which may be made by TWNIC from time to time, including but not limited to:
ADDITIONAL PROVISIONS SPECIFIC TO .UK ( .ORG.UK , .ME.UK, .CO.UK ) REGISTRATIONSPlease visit Nominet Terms
You acknowledge and agree to the TLD policies, which may be found here .
While registrations are open to everyone, .UNO was specifically designed to assist with identifying businesses and organizations interested in reaching out to the Italian or Spanish speaking cultures.
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
You acknowledge and agree to the TLD policies, which may be found here .
Safeguards for Regulated TLDs.
Accordingly, the Registry has put in place provisions requiring Registrants:
A. To comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
B. Who collect and maintain sensitive health and financial data to implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
69. Safeguards for Highly-regulated TLDs. [
For the Highly-regulated TLDs, in addition to those terms and conditions listed above, there are additional provisions requiring Registrants to:
A. Provide administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business;
B. Represent that the Registrant possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly-regulated TLD; and
C. Report any material changes to the validity of the Registrant’s authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly-regulated TLD to ensure the Registrant continues to conform to the appropriate regulations and licensing requirements and generally conduct their activities in the interests of the consumers they serve.
70. Safeguards for Military TLDs
For the Military TLDs, in addition to those terms and conditions above, a provision requires Registrants to represent that the Registrant will take steps to ensure against misrepresenting or falsely implying that the Registrant or its business is affiliated with, sponsored or endorsed by one or more country’s or government’s military forces if such affiliation, sponsorship or endorsement does not exist.
Restriction on the Sale of .NAVY and .AIRFORCE to Australian Residents.
Pursuant to Australian Defence Regulation 1957, No. 16, individuals and businesses, who are subject to Australian law, are prohibited from using the words “Navy” and “Air Force” in connection with a trade or business. Consequently, Australian based Registrars are advised that it may be illegal to sell or distribute domain names under this law and selling or distributing domain names to consumers based in Australia may also be prohibited. Australian Registrars are advised to consult with their legal counsel prior to selling or distributing any NAVY or AIRFORCE domain name.
We support your domain needs from start to finish.
There are many internet browsers that support Handshake domains such as Opera and various Chrome plugins.
Please visit our Handshake helpdesk article for more options on how to view your Handshake domains
NextDNS is one of the most popular methods for accessing Handshake domain names. Install NextDNS. You can click “try it now” on nextdns.io to connect your device and resolve Handshake domains. Scroll to the Setup Guide at NextDNS to select the option for your device, confirm with the green button at the top of the page, and then go to the “settings” tab to “resolve Handshake domains.”
Install the Resolvr add-on to view Handshake names directly in the search bar of your Firefox browser.
Try searching your site with the HNS.to gateway, which allows you to access Handshake names without downloading software or modifying your DNS settings. You may also conduct searches directly by prefixing Handshake domains with “hns.to/,” such as “hns.to/welcome.nb/.”
EnCirca live chat and phone support will be closed for the day.
Please send support requests to support@encirca.com.