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TLD Domain Names Registration Agreements
.COM/ .NET/ .ORG
Registration Agreement
.INFO
Registration Agreement
.US
Registration Agreement
Uniform Domain-Name
Dispute-Resolution
.BIZ
- Registration Agreement
1.
AGREEMENT. In this Registration Agreement
("Agreement") "you" and "your" refer to the
registrant of each domain name registration, "we",
"us" and "our" refer to Directi Pvt Ltd, "Registry
Operator" refers to Neulevel Inc. and "Services"
refers to the domain name registration provided by
us as offered through MANBIZ IPP LLC ("RSP"). This
Agreement explains our obligations to you, and
explains your obligations to us for various
Services.
2.
.BIZ RESTRICTIONS. Registrations in the .biz top
level domain must be used or intended to be used
primarily for bona fide business or commercial
purposes. For the purposes of the .biz registration
restrictions, "bona fide business or commercial use"
shall mean the bona fide use or bona fide intent to
use the domain name or any content, software,
materials, graphics or other information thereon, to
permit Internet users to access one or more host
computers through the DNS:
(i) to exchange goods, services, or property of any
kind;
(ii) in the ordinary course of business; or
(iii) to facilitate (i) the exchange of goods,
services, information or property of any kind; or
(ii) the ordinary course of trade or business.
For more information on the .biz restrictions, which
are incorporated herein by reference, please see
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.
3.
SELECTION OF A DOMAIN NAME. You represent that:
(i) the data provided in the domain name
registration application is true, correct, up to
date and complete, and that you will continue to
keep all of the information provided correct,
up-to-date and complete;
(ii) to the best of the your knowledge and belief,
neither this registration of a domain name nor the
manner in which it is directly or indirectly to be
used infringes upon the legal rights of a third
party;
(iii) that the domain name is not being registered
for nor shall it at any time whatsoever be used for
any unlawful purpose whatsoever;
(iv) the registered 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 (1) selling,
trading or leasing the domain name for compensation,
or (2) the unsolicited offering to sell, trade or
lease the domain name for compensation;
(v) you have the authority to enter into this
Registration Agreement; and
(vi) the registered domain name is reasonably
related to your business or intended commercial
purpose at the time of registration.
4.
FEES. As consideration for the Services you have
selected, you agree to pay the RSP the applicable
service(s) fees. All fees payable hereunder are
non-refundable. As further consideration for the
Services, you agree to: (1) provide certain current,
complete and accurate information about you as
required by the registration process and (2)
maintain and update this information as needed to
keep it current, complete and accurate. All such
information shall be referred to as account
information ("Account Information"). By submitting
this Agreement, you represent that the statements in
your Application are true, complete and accurate.
5.
TERM. This Agreement shall remain in full force
during the length of the term of your domain name
registration(s) as selected, recorded, and paid for
upon registration of the domain name. Should you
choose to renew or otherwise lengthen the term of
your domain name registration, then the term of this
Registration Agreement shall be extended
accordingly. Should the domain name be transferred
to another Registrar, the terms and conditions of
this contract shall cease.
6.
MODIFICATIONS TO AGREEMENT. You agree that we
may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided
under this Agreement. You agree to be bound by any
such revision or change which shall be effective
immediately upon posting on our web site or upon
notification to you by e-mail or your country's
postal service pursuant to the Notices section of
this Agreement. You agree to review this Agreement
as posted on our web site periodically to maintain
an awareness of any and all such revisions. If you
do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by
providing us with notice by e-mail or postal service
pursuant to the Notices section of this Agreement.
Notice of your termination shall be effective after
processing by us. You agree that, by continuing the
use of Services following notice of any revision to
this Agreement or change in service(s), you shall be
bound by any such revisions and changes. You further
agree to be bound by the ICANN Uniform Dispute
Resolution Policy ("Dispute Policy") as presently
written and as shall be amended from time to time.
You acknowledge that if you do not agree to any such
modifications, you may request that your domain name
be deleted from the domain name database. We will
not refund any fees paid by you if you terminate
your agreement with us.
7.
MODIFICATIONS TO YOUR ACCOUNT. In order to
change any of your account information with us, you
must use your Account Identifier and Password that
you selected when you opened your account with us.
You agree to safeguard your Account Identifier and
Password from any unauthorized use. In no event
shall we be liable for the unauthorized use or
misuse of your Account Identifier or Password.
8.
DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a domain name through us, or transferred
a domain name to us from another registrar, you
agree to be bound by the Dispute Policy that is
incorporated herein and made a part of this
Agreement by reference.
9.
DOMAIN NAME DISPUTES. You acknowledge having
read and understood and agree to be bound by the
terms and conditions of the following documents, as
they may be amended from time to time, which are
hereby incorporated and made an integral part of
this Agreement:
(i) The Uniform Domain Name Dispute Resolution
Policy ("Dispute Policy), available at
http://www.icann.org/udrp/;
(ii) The Restrictions Dispute Resolution Criteria
and Rules ("RDRP"), available at
http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;
(collectively, "Dispute Policies").
The Dispute 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.
The RDRP sets forth the terms under which any
allegation that a domain name is not used primarily
for business or commercial purposes shall be
endorsed on a case-by-case, fact specific basis by
an independent ICANN-accredited dispute provider.
10.
POLICY. You agree that your registration of the
domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Directi
Pvt Ltd, Registry Operator, ICANN or
government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent
with an ICANN or government-adopted policy, (1) to
correct mistakes by us or the applicable Registry in
registering the name or (2) for the resolution of
disputes concerning the domain name.
11.
AGENCY. Should you intend to license use of a
domain name to a third party you shall nonetheless
be the domain name holder of record and are
therefore responsible for providing your 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
domain name. You shall accept liability for harm
caused by wrongful use of the domain name. You
represent that you have provided notice of the terms
and conditions in this Agreement to a third party
licensee and that the third party agrees to the
terms hereof. You acknowledge and agree that the
domain name has not been registered solely for the
purposes of selling, trading or leasing for
compensation and will be used for a business or
commercial purpose.
12.
ANNOUNCEMENTS. We reserve the right to
distribute information to you that is pertinent to
the quality or operation of our services and those
of our service partners. These announcements will be
predominately informative in nature and may include
notices describing changes, upgrades, new products
or other information to add security or to enhance
your identity on the Internet.
13.
LIMITATION OF LIABILITY. You agree that our
entire liability, and your exclusive remedy, with
respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely
limited to the amount you paid for such Service(s).
Neither we nor our contractors or third party
beneficiaries shall be liable for any direct,
indirect, incidental, special or consequential
damages resulting from the use or inability to use
any of the Services or for the cost of procurement
of substitute services. Because some jurisdictions
do not allow the exclusion or limitation of
liability for consequential or incidental damages,
in such jurisdictions, our liability is limited to
the extent permitted by law. We disclaim any and all
loss or liability resulting from, but not limited
to: (1) loss or liability resulting from access
delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data
miss-delivery; (3) loss or liability resulting from
acts of God; (4) loss or liability resulting from
the unauthorized use or misuse of your account
identifier or password; (5) loss or liability
resulting from errors, omissions, or misstatements
in any and all information or services(s) provided
under this Agreement; (6) loss or liability
resulting from the interruption of your Service. You
agree that we will not be liable for any loss of
registration and use of your domain name, or for
interruption of business, or 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 we have been
advised of the possibility of such damages. In no
event shall our maximum liability exceed five
hundred ($500.00) dollars.
14.
INDEMNITY. You agree to release, indemnify, and
hold us, the Registry Operator, our contractors,
agents, employees, officers, directors, affiliates
and third party beneficiaries harmless from all
liabilities, claims and expenses, including
attorney's fees, of third parties relating to or
arising under this Agreement, the Services provided
hereunder or your use of the Services, including
without limitation infringement by you, or someone
else using the Service of any intellectual property
or other proprietary right of any person or entity,
or from the violation of any of our operating rules
or policy relating to the Service(s) provided. You
also agree to release, indemnify and hold us
harmless pursuant to the terms and conditions
contained in the Dispute Policy. When we are
threatened with suit by a third party, we may seek
written assurances from you concerning your promise
to indemnify us; your failure to provide those
assurances shall be a breach of your Agreement and
may result in deactivation of your domain name. This
indemnification obligation will survive the
termination or expiration of this agreement.
15.
TRANSFER OF OWNERSHIP. The person named as
registrant on the WHOIS shall be the registered name
holder. The person named as administrative contact
at the time the controlling user name and password
are secured shall be deemed to be the designate of
the registrant with the authority to manage the
domain name. You agree that prior to transferring
ownership of your domain name to another person (the
Transferee") you shall require the Transferee to
agree in writing to be bound by all the terms and
conditions of this Agreement. Your domain name will
not be transferred until we receive such written
assurances or other reasonable assurance that the
Transferee has been bound by the contractual terms
of this Agreement (such reasonable assurance as
determined by us in our sole discretion) along with
the applicable transfer fee. If the Transferee fails
to be bound in a reasonable fashion (as determine by
us in our sole discretion) to the terms and
conditions in this Agreement, any such transfer will
be null and void. You acknowledge that you will not
be entitled to change registrars during the first
sixty (60) days following the registration of your
domain name.
16.
BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or
policy or the Dispute Policy provided by us, may be
considered by us to be a material breach and that we
may provide a written notice, describing the breach,
to you. If you fail to provide evidence, which is
reasonably satisfactory to us, that you have not
breached your obligations under the Agreement, then
we may delete the registration or reservation of
your domain name. Any such breach by you shall not
be deemed to be excused simply because we did not
act earlier in response to that, or any other breach
by you.
17. NO
GUARANTY. You acknowledge that registration or
reservation of your chosen domain name does not
confer immunity from objection to either the
registration, reservation, or use of the domain
name.
18.
DISCLAIMER OF WARRANTIES. You agree that your
use of our Services is solely at your own risk. You
agree that such Service(s) is provided on an "as
is," "as available" basis. 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 the
Services 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 the
Service(s) or as to the accuracy or reliability of
any information obtained through the Service or that
defects in the Service will be corrected. You
understand and agree that any material and/or data
downloaded or otherwise obtained through the use of
Service is done at your own discretion and risk and
that you will be solely responsible for any damage
to your computer system or loss of data that results
from the download of such material and/or data. We
make no warranty regarding any goods or services
purchased or obtained through the Service or any
transactions entered into through the Service. No
advice or information, whether oral or written,
obtained by you from us or through the Service shall
create any warranty not expressly made herein.
19.
INFORMATION. As part of the registration
process, you are required to provide us certain
information and to update us promptly as such
information changes such that our records are
current, complete and accurate. You are obliged to
provide us the following information:
(i) Your full name, postal address, e-mail address
and telephone number and fax number (if available)
(or, if different, that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and
telephone number and fax number (if available)
telephone numbers of the administrative contact, the
technical contact and the billing contact for the
domain name;
(iv) The IP addresses and names of the primary
nameserver and any secondary nameserver(s) for the
domain name.
Any other information, which we request from you at
registration, is voluntary. Any voluntary
information we request is collected for the purpose
of improving the products and services offered to
you through your RSP.
20.
DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make domain
name registration information you provide available
to ICANN, to the registry administrators, and to
other third parties as applicable. You further agree
and acknowledge that we may make publicly available,
or directly available to third party vendors, some,
or all, of the domain name registration information
you provide, for purposes of inspection (such as
through our WHOIS service) or other purposes as
required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures
and use of information provided by you in connection
with the registration of a domain name (including
any updates to such information), whether during or
after the term of your registration of the domain
name. You hereby irrevocably waive any and all
claims and causes of action you may have arising
from such disclosure or use of your domain name
registration information by us.
You may access your domain name registration
information in our possession to review, modify or
update such information, by accessing our domain
manager service, or similar service, made available
by us through your RSP.
We will not process data about any identified or
identifiable natural person that we obtain from you
in a way incompatible with the purposes and other
limitations which we describe in this Agreement.
We will take reasonable precautions to protect the
information we obtain from you from our loss,
misuse, unauthorized accessor disclosure, alteration
or destruction of that information.
21.
REVOCATION. Your wilful provision of inaccurate
or unreliable information, your wilful failure
promptly to update information provided to us, or
any failure to respond to inquiries by us addressed
to the email address of the registrant, the
administrative, billing or technical contact
appearing in the "Whois" directory with respect to a
domain name concerning the accuracy of contact
details associated with the registration shall
constitute a material breach of this Agreement and
be a basis for cancellation of the domain name
registration. Any information collected by us
concerning an identified or identifiable natural
person ("Personal Data") will be used in connection
with the registration of your domain name(s) and for
the purposes of this Agreement and as required or
permitted by the ICANN Agreement or an
ICANN/Registry Operator policy.
22.
RIGHT OF REFUSAL. We, and/or Registry Operator,
in our sole discretion, reserve the right to refuse
to register or reserve your chosen domain name or
register you for other Services. In the event we do
not register or reserve your domain name or register
you for other Services, or we delete your domain
name or other Services within such thirty (30)
calendar day period, we agree to refund your
applicable fee(s). You agree that we shall not be
liable to you for loss or damages that may result
from our refusal to register, reserve, or delete
your domain name or register you for other Services.
We reserve the right to delete or transfer your
domain name following registration if we believe the
registration has been made possible by a mistake,
made either by us or by a third party. We also
reserve the right to suspend a domain name during
resolution of a dispute.
23.
SEVERABILITY. You agree that the terms of this
Agreement are severable. If any term or provision is
declared invalid or unenforceable, that term or
provision will be construed consistent with
applicable law as nearly as possible to reflect the
original intentions of the parties, and the
remaining terms and provisions will remain in full
force and effect.
24.
NON-AGENCY. Nothing contained in this Agreement
or the Dispute Policies shall be construed as
creating any agency, partnership, or other form of
joint enterprise between the parties.
25.
NON-WAIVER. Our failure to require performance
by you of any provision hereof shall not affect the
full right to require such performance at any time
thereafter; nor shall the waiver by us of a breach
of any provision hereof be taken or held to be a
waiver of the provision itself.
26.
NOTICES. Any notice, direction or other
communication given under this Agreement shall be in
writing and given by sending it via e-mail or via
postal service. In the case of e-mail, valid notice
shall only have been deemed to be given when an
electronic confirmation of delivery has been
obtained by the sender. In the case of e-mail,
notifications must be sent to us at
domain@manbiz.com , or in the case of notification
to you, to the e-mail address provided by you in
your WHOIS record. Any e-mail communication shall be
deemed to have been validly and effectively given on
the date of such communication, if such date is a
business day and such delivery was made prior to
4:00 p.m. EST, otherwise it will be deemed to have
been delivered on the next business day. In the case
of regular mail notice, valid notice shall be deemed
to have been validly and effectively given 5
business days after the date of mailing and, in the
case of notification to us or to RSP shall be sent
to:
Direct Information Pvt. Ltd.
330, Link-Way Estate
Link Road, Malad (W)
Bombay - 400064
India
and in the case of notification to you shall be to
the address specified in the "Administrative
Contact" in your WHOIS record.
27.
ENTIRETY. You agree that this Agreement, the
rules and policies published by Directi Pvt Ltd,
ICANN and/or the Registry Operator and the Dispute
Policy are the complete and exclusive agreement
between you and us regarding our Services. This
Agreement and the Dispute Policy supersede all prior
agreements and understandings, whether established
by custom, practice, policy or precedent.
28.
GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED
BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH
THE LAWS OF INDIA APPLICABLE THEREIN WITHOUT
REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY
ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN
ONTARIO AND YOU IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS.
29.
INFANCY. You attest that you are of legal age to
enter into this Agreement.
30.
FOREIGN LANGUAGE: Controlling Language. In the
event that you are reading this agreement in a
language other than the English language, you
acknowledge and agree that the English language
version hereof shall prevail in case of
inconsistency or contradiction in interpretation or
translation.
31.
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE
NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN
THIS AGREEMENT.

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