DomainsNext.com Terms Of Service

 This Registration Agreement, ("Agreement"), sets forth the terms and conditions agreed to between you (whether directly or through your agent, or as an agent for another person or entity), and DomainsNext.com, relating to the registration, renewal, transfer, or modification of one or more .com. .net, .org, .info, or .biz Top Level Domain Name ("TLD's") in both roman-alphabet languages and non-roman alphabet languages (e.g. Japanese, Korean, Chinese Traditional and Chinese Simplified). In this Agreement, "Registrar", "we", "us", and "our" shall refer to DomainsNext.com and "Registrant", "you", "your", or "Customer" shall refer to the person or entity that is using DomainsNext.com registration services.

You (whether directly or through your agent, or as an agent for another person or entity) acknowledge that you have read, understood and agree to be bound by all the terms and conditions of this Agreement.

1. FEES
You agree that upon submission of your domain name registration application, domain name renewal application, or registrar transfer application, to pay us our then current service fees as set forth in our price schedule. We reserve the right to prospectively change our fees or to institute new fees at any time, for any reason, at our sole discretion and you agree to be bound by any fee increase. You agree to pay all value added, sales and other taxes (other than taxes based on DomainsNext.com’s income) related to DomainsNext.com’s services or payments made by you hereunder.

 

1.1 Fees are Non-Refundable. All fees are due at the time of registration and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.

1.2 Renewal Notice and Fees.

You will be notified via email that renewal fees are due at least thirty (30) days prior to the expiration date of a domain name registration. You will receive additional notifications as the expiration date approaches. All emails will be sent to the email address of the domain name account holder and the billing contact. You are required to keep the email address of the domain name account holder and the billing contact current. We are not responsible for the loss or misdirection of the email expiration notices, including but not limited to, emails lost due to an invalid email address in our system, a spam filter on the mail server, or any other impediment to delivery. Emails are sent as a courtesy only- the responsibility of renewing a domain lies solely with the account holder and/or registrant of the domain. Any renewal of our services is subject to our then current terms and conditions, the payment of all applicable service fees at the time of renewal, and the domain name registry's acceptance of the renewal of your domain name registration.

5 days prior to expiration, your domain will be placed on hold status, in preparation for release. This will result in websites and email not resolving for those 5 days. After this period, should you fail to renew or cancel your domain name registration by the expiration date, your domain name registration shall AUTOMATICALLY EXPIRE and you shall lose all rights in and to the expired domain name. Expired domain names are routinely deleted on a regular basis. There is no grace period and under no circumstances will DomainsNext.com be able to renew the domain after the automatic expiration.

Although you will no longer be able to renew your expired domain name, you can attempt to re-register the expired domain name.

1.3 Credit Card Charge Backs. In the event of a charge back by a credit card company or other non-payment by you in connection with your registration, renewal, or registrar transfer fee, you acknowledge and agree that the domain name registration shall be transferred to DomainsNext.com, that DomainsNext.com shall be deemed the entity that paid the registration, renewal, or transfer fee, and that DomainsNext.com shall have all rights regarding such domain name including, but not limited to, the right to sell the domain name to a third party. DomainsNext.com may, in its sole discretion, reinstate your domain name registration upon its receipt of the registration or renewal fee and a US $200 reinstatement fee.

2. REGISTRATION INFORMATION
You acknowledge and agree that in order for us to provide you domain name registration and related services, you must provide us with certain information and that we will maintain certain information about you and your registration.

2.1 Required Information
During the domain name registration process, you must provide us the following ICANN required information:

(a) The domain name being registered;
(b) The IP addresses and the names of the primary nameserver and the secondary nameserver for the domain name;
(c) Your full name (or the name of the authorized person for contact purposes if the domain holder is an organization, association, or corporation), postal address, email address, voice telephone number, and fax number (if available) of the administrative contact for the domain name;
(d) The full name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name.

You acknowledge and agree to immediately correct and update the registration information for any domain name registered hereunder during the registration term for such registered domain name.

You also acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, we, in our discretion, may not renew your registration.

2.2 Additional Registration Information
In addition to the information you are required to provide in clause 2.1 of this Agreement, we maintain additional information relating to your domain name registration, including:

(a) the original creation date of a domain name registration, renewal or request for service;
(b) the submission date and time of a registration or renewal application to us and by us to the appropriate registry;
(c) communications constituting registration orders, renewals, modifications, or terminations and related correspondence;
(d) records of account, including dates and amounts of all payments;
(e) the expiration date of the registration; and
(f) other information regarding all other activity between you and us regarding your domain name registration and related services.

2.3 Disclosure of Third Party Information
If in applying for the registration of a domain name you are providing information about a third party, or if you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

2.4 Obligation To Provide Accurate Information
You acknowledge and agree that any of the following actions or in-actions shall constitute a material breach of this Agreement and shall be a sufficient basis for cancellation of your domain name registration:

(a) your willful provision of inaccurate or unreliable information;
(b) your willful failure to promptly update information you provided to us, or
(c) your failure to respond for over ten (10) calendar days to our inquires concerning the accuracy of contact details associated with your domain name registration.

2.5 Security
Our system utilizes 128 bit encryption technology to send and receive information pertaining to the registration, renewal, and transfer of a domain name.

2.6 Disclosure and Use of Information
DomainsNext.com will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorized access or disclosure, alteration or destruction.

ICANN requires all accredited domain name registrars to make domain name registration information available in bulk form to third parties who agree not to use it to (i) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (ii) enable high volume, automated, electronic processes that apply to our systems to register domain names.

You acknowledge, consent and agree that the information you provided DomainsNext.com in the domain name registration application will be: (i) transmitted to the registry or registry administrator for registry use; (ii) made publicly available as required by ICANN; and (iii) used by DomainsNext.com for inclusion in databases produced and used by DomainsNext.com.

We agree that we will not process any Personal Data collected from you, if any, in a way that is incompatible with the purposes and other limitations set forth in this Agreement.

Except for the ICANN required third-party bulk access, DomainsNext.com does not sell or intend to sell access to the information it collects and maintains during the domain name registration process.

3. DOMAIN NAME DISPUTE POLICY
You agree to be bound by our Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The current Dispute Policy can be found at:
https://secure.onlineaccess.net/cart/registerdisputepolicy.php?ID=8505c549f8623d440abc03e36d4c7bd4&IYD=&secID=.

3.1 Domain Name Dispute Policy Modifications. You agree that we, in our sole discretion, may modify our dispute policy. We will post any modifications to our dispute policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree to periodically review our Web site to be aware of any such modifications. No employee, contractor, agent or representative of DomainsNext.com is authorized to alter or amend the terms and conditions of this Agreement.

Your continued use of DomainsNext.com as your domain name registrar or the use of any of DomainsNext.com's other domain name services after the modifications to the Dispute Policy becomes effective, shall constitute your acceptance of those modifications. If you do not agree to such modifications, you may terminate this Agreement by written request and your domain name will be cancelled or you may transfer your domain name to another registrar. No refunds, in whole or in part, will be provided for domain names that are cancelled or transferred to another registrar.

3.2 Domain Name Disputes. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement.

If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us. You agree that we will comply with all court orders, domestic or international, directed against you and/or the domain name registration.

4. AGENTS
You agree that, if you are registering, renewing, transferring, or modifying a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You accept liability for harm caused by wrongful registration, renewal, transfer or modification of a domain name.

You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.

5. LICENSE OF DOMAIN NAMES
You agree that if you license the use of our domain name registration services to a third party, you remain responsible for complying with all terms and conditions of this Agreement, and you accept liability for harm caused by such licensee's wrongful use of our domain name registration services, unless you promptly disclose the identity of such license upon request by any person who provides reasonable evidence of actionable harm.

6. REGISTRAR TRANSFER
Registrant agrees that it can transfer one or more domain name registration, in accordance with ICANN or registry policy, from or to DomainsNext.com. Registrant also acknowledges and agrees that express authorization from someone with apparent authority to legally bind the domain name holder is required before such a transfer can occur. You can authorize the transfer of a registration to DomainsNext.com by completing the Registrar Transfer Application.

You agree that you shall not transfer your domain name registration until sixty (60) days have elapsed from the time of initial domain name registration or renewal. You agree that the transfer of domain name registrations may be refused if there is a dispute concerning the domain name or the domain name holder's identity. You further agree that you shall not transfer your domain name registration to another registrar if there are ten (10) days or less remaining on your registration term.

7. OWNERSHIP CHANGE
You may transfer your domain name registration to a third party of your choice. You agree that in the event you request the transfer of your domain name ownership, you shall relinquish the domain name registration being transferred, release DomainsNext.com from all of its obligations under this Agreement, and release DomainsNext.com from any and all liabilities, demands, and claims related to such a transfer of domain name ownership. This can be accomplished through the Domain Manager free of charge.

8. MANAGE YOUR DOMAIN NAME REGISTRATION INFORMATION
If you have registered a domain name with DomainsNext.com or transferred a domain name to DomainsNext.com, you may change any of the domain name registration information at any time (Click here to change domain name registration information). You must use the Username and the Password that you selected when you registered or transferred your domain name with us. Please safeguard your Username and Password from any unauthorized use. You must immediately notify us of any unauthorized use of your Username or Password and you are responsible for any unauthorized activities, charges and/or liabilities made on or through your Username or Password. In no event will DomainsNext.com be liable for the unauthorized use or misuse of your Username or Password.

9. NO GUARANTY OF REGISTRATION, RENEWAL, OR IMMUNITY FROM OBJECTION
You acknowledge and agree that DomainsNext.com cannot guarantee that you will be able to register or renew a desired domain name because our ability to provide services to you depends in part upon the provision of services by third parties, such as a registry. We cannot control and will not be responsible for the actions or inactions of such third parties. For example, a registry may reserve the right to deny, cancel or transfer any domain name registration under certain circumstances or there may be inaccuracies or errors in the various WHOIS databases. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties.

You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.

10. OWNERSHIP OF INFORMATION
You acknowledge and agree that DomainsNext.com owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases.

11. REPRESENTATIONS and WARRANTIES
You represent and warranty to us that (i) the statements that you made in connection with the registration, renewal, management, or transfer of a domain name are complete and accurate, and that any future changes to this information will be provided to us in a timely manner; (ii) to the best of your knowledge and belief, neither the registration of the domain name for which you have applied for, renewed, managed, or transferred nor the manner in which you intend to use the domain name you applied for, renewed, managed, or transferred, directly or indirectly infringes upon or otherwise violate the legal or equitable rights of any third party; (iii) it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights; (iv) you are not registering, renewing, managing, or transferring the domain name for an unlawful purpose and you will not knowingly use the domain name in violation of any applicable laws or regulations; (v) you are of legal age to enter into this Agreement; (vi) you agree to comply with all applicable laws and regulations and (vii) you agree that your use of our service(s) is solely at your own risk and that all of our services are provided on an "as is," and "as available" basis;

12. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any DomainsNext.com services provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). YOU FURTHER AGREE THAT, REGARDLESS OF CIRCUMSTANCES, DomainsNext.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, 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 DomainsNext.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF DomainsNext.com'S SERVICES OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES. If a jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, then DomainsNext.com's liability for consequential or incidental damages in such jurisdiction is excluded or limited to the extent permitted by law.

We disclaim any and all loss or liability to you, or any other person or entity, resulting from, but not limited to: (a) Suspension, loss, or modification of your domain name registration; (b) Use of your domain name registration; (c) Interruption of your business; (d) Access delays or access interruptions to any web sites accessed by your registered domain name; (e) Non-delivery, mis-delivery, corruption, destruction or other modification of data; (f) Processing your domain name application or other service application; (g) Application of our Dispute Policy or any other ICANN (or similar governmental or successor organization) adopted policies; (h) Any errors, omissions or other actions by the registry administrator arising out of or related to your domain name application, registration, renewal, transfer, or failure to register, renew, or transfer a domain name; (i) Unauthorized use or misuse of your Account Name or Password; (j) Our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration, renewal, or transfer fee; (k) Deletion of or failure to store e-mail messages; or (l) Acts of God and events beyond DomainsNext.com's reasonable control;

13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) IS SOLELY AT YOUR OWN RISK. THE SERVICES WE PROVIDE TO YOU ARE ON AN "AS IS," AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. . 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. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE(S). FURTHER, DomainsNext.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION OR USE, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

14. INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless DomainsNext.com and the applicable registry administrator and their directors, officers, employees, agents, and affiliates from and against any and all claims, loss, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of any and all third party claims, actions, suits, or demands that are related to or arise out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (b) the DomainsNext.com services or your use of such services; (c) any intellectual property or other proprietary right of any person or entity. This indemnification is in addition to any indemnification required under the Dispute Policy or any similar policy. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement.

15. CHANGES TO THIS AGREEMENT
You acknowledge and agree that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that DomainsNext.com, in its sole discretion, may modify this Agreement, from time to time, to comply with any additional rules or policies that may be required under DomainsNext.com's ICANN agreement, or to adjust to changing business circumstances.

We will post any modifications to this Agreement on our Web site at least thirty (30) calendar days before it becomes effective, other than matters relating to domain security issues which will be determined by DomainsNext.com. You agree to periodically review our Web site to be aware of any such modifications.  Your continued use of DomainsNext.com as your domain name registrar or the use of any of DomainsNext.com's other domain name services after modification(s) to this Agreement becomes effective, shall constitute your acceptance of the modification(s). If you do not agree to such a modification, you may request in writing that your domain name be cancelled or transferred to another registrar, other than for matters related to security issues. No refunds, in whole or in part, will be provided for domain names that are cancelled or transferred to another registrar.

No provision of this Agreement or our Dispute Policy, may be amended or modified by you except by means of a written document signed by us.

16. CANCELLATION, SUSPENSION, TRANSFER OR MODIFICATION
You agree that we may cancel, suspend, transfer or modify your domain name registration services in order to: (i) correct mistakes made by us or the registry in registering or transferring your chosen domain name; (ii) to resolve a dispute under our Dispute Policy; (iii) to abide by any ICANN or registry adopted policy; or (iv) prevent high volume, automated, electronic, repetitive queries except as reasonably necessary to register SLD names or modify existing registrations. If your registration is cancelled as a result of DomainsNext.com correcting a mistake made by us in registering your chosen domain name, we will refund, in whole, any fees paid by you to DomainsNext.com.

You also agree that DomainsNext.com has the right to suspend, cancel, transfer, or otherwise modify a domain name registration pursuant to a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer, or modification of the domain name registration.

You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the DomainsNext.com service, if applicable.

17. BREACH AND REVOCATION
You agree that we reserve the right to cancel, suspend, transfer or modify your domain name registration or other services if you (i) materially breach this Registration Agreement and do not cure such breach within 30 calendar days of notice; (ii) provide false or misleading information, or conceal or omit any information that we would likely consider material to our decision to register or renew your domain name; (iii) use your registered domain name to send unsolicited commercial advertisements in contravention of applicable laws; or (iv) you use your domain name in connection with unlawful activity.

18. ASSIGNMENT
You shall not assign this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

19. .INFO REGISTRATIONS.

DomainsNext.com has entered into a Registry-Registrar Agreement with Afilias Limited ("Registry"), a company organized under the laws of Ireland, to provide Internet domain name registration services for the .info Top-Level Domain ("TLD"). In addition to the terms and conditions set forth in this Agreement, the following terms and conditions shall apply to the .info domain names: (i) you agree to submit to proceedings commenced under the Sunrise Dispute Resolution Policy ("SDRP") (available at http://www.afilias.info/register/dispute_resolution/sunrise_challenge_rules_revised), as these may be modified from time to time; (ii) you acknowledge that the .info registry will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a registered domain name during these periods, and (b) the results of any dispute over a "Sunrise Registration"; (iii) your application for a Sunrise Registration does not provide you with any intellectual property protections or registrations.

20. .BIZ REGISTRATIONS

DomainsNext.com has entered into a Registry-Registrar Agreement with Neulevel, Inc. ("Registry"), a company headquartered in Virginia, to provide Internet domain name registration services for the .biz Top-Level Domain ("TLD"). In addition to the terms and conditions set forth in this Agreement, the following terms and conditions shall apply to the .biz domain names:

20.1 Acceptable Usage. You represent and warrant that: (i) the domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use or (b) solely for the purposes of selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation; and (ii) the domain name is reasonably related to your business or intended commercial purpose at the time of registration.

20.2 Acknowledgments Concerning Customer Information. You also acknowledge and agree that DomainsNext.com will share with the .biz registry certain information submitted by you in your application(s) for our services, as required by our agreement(s) with the .biz registry or to provide the services you have applied for. You acknowledge and agree that any information we share with the .biz registry may be used by them to fulfill the .biz registry's service obligations to us or any third party. You hereby grant us and the .biz registry a limited, royalty-free, non-exclusive worldwide license to use all of the data contained in a Trademark.

20.3 Acknowledgment of Dispute Policies and Rules. 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:

(a)The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html;

(b) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html

21. MULTILINGUAL REGISTRATIONS
Notwithstanding anything contained herein to the contrary, you acknowledge and agree as follows: A Multilingual Domain Name ("MDN") and the underlying encoding schemes, protocols and other technologies that enable MDNs to function on the Internet, are currently experimental and have not necessarily been approved by Internet standard-setting bodies, including without limitation the Internet Engineering Task Force, the Multilingual Internet Names Consortium, and the Internet Architecture Board. We currently are making MDN registration services available to you as part of our participation in a test bed ("Test Bed"). The test bed is being conducted for the purpose of testing proposed standards for deployment of MDN technology and to provide operational experience with those proposed standards.

WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR FUTURE ENCODING SCHEMES, PROTOCOLS AND OTHER MDN-ENABLING TECHNOLOGIES, WHETHER PROVIDED BY US OR OTHERWISE, WILL BE APPROVED BY INTERNET STANDARD-SETTING BODIES OR OTHERWISE SUCCESSFULLY DEPLOYED. WE EXPRESSLY DISCLAIM ANY WARRANTY THAT THE TEST BED WILL CONTINUE OR THAT OUR MDN REGISTRATION SYSTEM WILL INTEROPERATE PROPERLY WITH THE CURRENT OR FUTURE TEST BED OR THE MDN-ENABLING TECHNOLOGIES OF OTHERS.

REGISTRANTS WHO REGISTER A MDN DO SO AT THEIR OWN RISK AND ACKNOWLEDGE AND AGREE THAT, UNLESS SPECIFICALLY EXCLUDED, ALL PROVISIONS OF THIS AGREEMENT SHALL APPLY TO THE REGISTRATION OF AN MDN.

You assume all risks inherent in the experimental nature of this service and the technologies supporting it. The encoding schemes, protocols and other MDN-enabling technologies are not within our control and are subject to change without notice. You assume all risks that such changes may impair or prevent your ability to use the MDN you have registered. You further understand and agree that we may interrupt or deny MDN registration services to you, temporarily or permanently, as a result of such changes. You further assume all risks that the Internet addressing system will not recognize an MDN you have registered or otherwise will not enable such MDN to function as an Internet address.

We may, but shall not be obligated to, make any and all modifications to an MDN registration, including without limitation changing the MDN's ASCII-based translation, that we deem necessary or appropriate for the purpose of bringing an MDN registration into conformance with evolving technical standards. Such modifications may be made without notice to you. In the event we elect to make such modifications, you agree to hold us harmless from any claims, liabilities or demands arising from such modifications. Before registering an MDN, we strongly recommend that you review and become familiar with the "Multilingual Domain Name Position Paper," published. (Click here to view).

You specifically acknowledge and agree that an MDN shall be considered a domain name for purposes of the Dispute Policy and the provisions relating thereto in this Agreement. Notwithstanding anything to the contrary contained in the Dispute Policy, you agree that during the Test Bed we may terminate your registration of an MDN in our sole discretion without notice to you if, within 45 days of your registration, we receive a formal, written objection to the registration by any legitimate authority, including without limitation a trademark owner or governmental entity. Our right of termination under this provision shall continue until such time as: (1) It is publicly announced that the Test Bed is complete; and (2) we determine in our sole discretion that all of the encoding schemes, protocols and other MDN-enabling technologies that are used to provide your MDN registration services have been approved by appropriate standard-setting bodies.

22. GENERAL

Entire Agreement
You agree that this Agreement and the rules and policies incorporated by reference in this Agreement are the entire, complete and exclusive agreement between you and us regarding our services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

Relationship of the Parties
Nothing in this Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.

Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of DomainsNext.com. The remedies of DomainsNext.com under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

Notice
Except as otherwise specifically stated herein, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for us that is posted on the DomainsNext.com Web site. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.

Location of Acceptance and Performance
You agree and acknowledge that any acceptance of your application for any of our services and the performance of those services shall occur in Schaumburg, Illinois, the location of our principal place of business.

Governing Law
Except as otherwise set forth in the Dispute Policy with respect to any dispute over your domain name registration, you agree that this Agreement and your rights, obligation, duties, and actions contemplated by this Agreement shall be governed in all respects by, and construed in accordance with the laws of the State of Illinois, United States of America, without reference to rules governing choice of laws. Any action relating to this Agreement and your rights, obligation, duties, and actions contemplated by this Agreement must be brought in the United States District Court for the Northern District of Illinois or in the circuit court of Cook County, Illinois. Both parties irrevocably consent to the personal jurisdiction, subject matter jurisdiction, and venue of such courts.

Severability
Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding.

 

If you have any questions e-mail us at support@DomainsNext.com

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