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TLD Domain Names Registration Agreements
.COM/ .NET/ .ORG
Registration Agreement
.BIZ
Registration Agreement
.US
Registration Agreement
Uniform Domain-Name
Dispute-Resolution
.INFO
- 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 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. If you are registering your name during
the finite period of time when owners of trademarks
and service marks issued prior to October 2, 2000
and having national effect will have the exclusive
opportunity to register identical domain names
(“Sunrise Period”), you agree to comply with the
procedures, terms and obligations. You acknowledge
and agree that registrations for domain names during
the Sunrise Period will only be accepted for a
minimum registration term of five (5) years.
2.
SELECTION OF A DOMAIN NAME. You represent
that, 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 and, further, that the domain name is not
being registered for nor shall it at any time
whatsoever be used for any unlawful purpose
whatsoever.
3. FEES. As
consideration for the Services you have selected,
you agree to pay the RSP the applicable service
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.
4.
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.
5. 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
will 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. If you have
registered your name during the Sunrise Period, you
agree to be bound by the Sunrise Dispute Resolution
Policy (“Sunrise Dispute Policy”) found at
(http://www.afilias.com/faq/sunrise-challenge.html).
You further agree to be bound by the ICANN Uniform
Dispute Resolution Policy (“Dispute Policy”) as
presently written and posted on
http://resellers.Directi Pvt Ltd.com/opensrs/legal
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.
6.
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.
7.
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
Policies that are incorporated herein and made a
part of this Agreement by reference. The current
version of the general registration Dispute Policy
may be found at
http://www.opensrs.org/legal/udrp.shtml. Please take
the time to familiarize yourself with this policy.
8.
DOMAIN NAME DISPUTES. You agree that, if the
registration or reservation of your domain name is
challenged by a third party, you will be subject to
the provisions specified in the Sunrise Dispute
Policy or the Dispute Policy, as applicable. 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
contained in the Sunrise Dispute Policy or Dispute
Policy, as applicable.
9.
POLICY. You agree that your registration of
the domain name shall be subject to suspension,
cancellation, or transfer pursuant to a Directi Pvt
Ltd, Registry Operator, ICANN or government-adopted
policy, or pursuant to any registrar or registry
procedure not inconsistent with a Directi Pvt Ltd,
Registry Operator, ICANN or government-adopted
policy, (1) to correct mistakes by us or the
Registry in registering the name or (2) for the
resolution of disputes concerning the domain name.
10.
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.
11. 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.
12. 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.
13.
INDEMNITY. You agree to release, indemnify,
and hold us, 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.
14.
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 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.
15.
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 within thirty (30) calendar days
of the date of such notice, 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.
16.
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.
17.
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.
18.
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:
Your name and postal address (or, if different, that
of the domain name holder);
The domain name being registered;
The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the
administrative contact for the domain name;
The name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the
billing contact 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.
19.
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.
20. 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.
21. RIGHT OF REFUSAL.
We, 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 within a thirty (30) day period
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 any dispute.
22. 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.
23. 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.
24. 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.
25. 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 have been 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 lhutz@Directi Pvt Ltd.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.
26. ENTIRETY. You
agree that this Agreement, the rules and policies
published by us 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.
27. 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 Bombay and you
irrevocably consent to the jurisdiction of such
courts.
28. INFANCY. You
attest that you are of legal age to enter into this
Agreement.
29. 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.
30. 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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