Register Domain | Domain Name Registration Agreement | Uniform Domain Name Dispute Resolution Policy

 

Registration Agreement

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the Internet Council of Registrars (“CORE”) to register a domain name on the Internet. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by the Internet Council of Registrars (“CORE”). This Agreement will become effective when accepted by the Internet Council of Registrars (“CORE”). The Internet Council of Registrars (“CORE”) is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between the Internet Council of Registrars (“CORE”) and ICANN ("ICANN Agreement"). You acknowledge that the Internet Council of Registrars (“CORE”) may modify this Agreement if necessary to comply with its ICANN Agreement, or for any other business purpose.

1. Fees
As consideration for the domain name registration services provided by the Internet Council of Registrars (“CORE”), you shall pay all applicable initial registration fees and renewal fees. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that the Internet Council of Registrars (“CORE”) shall have no liability whatsoever with respect to any such cancellation, and that the Internet Council of Registrars (“CORE”) may cancel or reassign the domain name in the event of delinquency.

2. Dispute Policy
In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name. You agree to be bound by the current the Internet Council of Registrars (“CORE”) Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://spunkyworld.com/domains/disputepolicy.html. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. The Internet Council of Registrars (“CORE”) may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted

You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold the Internet Council of Registrars (“CORE”) harmless.

3. Use of Your Information
As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data.

You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you remain responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information.

You acknowledge that the Internet Council of Registrars (“CORE”) will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that the Internet Council of Registrars (“CORE”) may or must make available to the public or to private entities. The Internet Council of Registrars (“CORE”) will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in the Internet Council of Registrars (“CORE”)'s possession to review, modify or update such information.

4. Use Policies
The Internet Council of Registrars (“CORE”) reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.

5. Agents and Licenses
You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.

6. Limitation of Liability
YOU AGREE THAT SPUNKYWORLD INTERNET SERVICES WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO SPUNKYWORLD INTERNET SERVICES REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND SPUNKYWORLD INTERNET SERVICES; (e) EVENTS BEYOND SPUNKYWORLD INTERNET SERVICES CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, SPUNKYWORLD INTERNET SERVICES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SPUNKYWORLD INTERNET SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SPUNKYWORLD INTERNET SERVICES MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO SPUNKYWORLD INTERNET SERVICES FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

7. Indemnity
You agree to defend, indemnify and hold harmless SPUNKYWORLD INTERNET SERVICES and any applicable domain name registry, including the Internet Council of Registrars (“CORE”) and Network Solutions, Inc., and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.

8. Representations and Warranties
You represent and warrant that all information provided by you in connection with your registration is complete and accurate. The Internet Council of Registrars (“CORE”) makes no representation or warranties of any kind in connection with this Agreement. The Internet Council of Registrars (“CORE”) does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.

9. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by the Internet Council of Registrars (“CORE”). If you fail to cure the breach, the Internet Council of Registrars (“CORE”) may revoke your registration of the domain name.
You also agree that the Internet Council of Registrars (“CORE”) shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as the Internet Council of Registrars (“CORE”) receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration.

10. Governing Law
This Agreement and all rights hereunder shall be governed by the laws of the State of Maryland. Any action relating to this Agreement or to your use of the the Internet Council of Registrars (“CORE”) site shall be brought exclusively in the courts of Maryland in the USA.

11. General
This Agreement, the Internet Council of Registrars (“CORE”) fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and the Internet Council of Registrars (“CORE”), and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of the Internet Council of Registrars (“CORE”) to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by the Internet Council of Registrars (“CORE”) of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. The Internet Council of Registrars (“CORE”) may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the Internet Council of Registrars (“CORE”) as reflected in the original provision.

No provision of this Agreement, including the Internet Council of Registrars (“CORE”) fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by the Internet Council of Registrars (“CORE”).


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