- The term "you" shall refer to yourself. By entering
into this agreement, in addition to transactions entered into by you
on your behalf, you also agree to be bound by the terms of this
agreement for transactions entered into on your behalf by anyone
acting as your Agent. You also agree to be bound by the terms of this
agreement for transactions entered into by anyone who uses the account
you've established with Vilords Technologies, whether or not the
transactions were in your behalf.
To complete the registration process, you must read this entire
agreement, as well as our dispute policy and agree to be bound by all
the terms and conditions. You acknowledge that Vilords Technologies is
a registrar bound by an agreement between Vilords Technologies and the
Internet Corporation for Assigned Names and Numbers ("ICANN"). You
agree that Vilords Technologies may modify this agreement in order to
comply with applicable law and the terms and conditions set forth by
ICANN.
1. FEES
In consideration for the services and products ("service") purchased
by you and provided to you by Vilords Technologies, you agree to pay
Vilords Technologies at the time service is provided. Payment is due
each anniversary year following the date the account was established.
Domain Name Renewals. When You register a domain name, You have
the option to elect that the domain name be automatically renewed upon
reaching the expiration date. If You elect the automatic renewal
option, Vilords Technologies will automatically renew, for a period of
one year, any domain name that is up for renewal and will charge the
credit card you have on file with Vilords Technologies, at Vilords
Technologies then current rates. Domain name renewals will be non
refundable. If for any reason Vilords Technologies is not able to
charge the credit card you have on file, and you fail to respond to
our notices, your domain name registration will expire. It is your
responsibility to keep your credit card information current, including
the expiration date. If You do not elect that the domain name be
automatically renewed, You have the responsibility of logging into
your account manager for that domain name and manually implementing
the renewal by the expiration date (should you in fact want the domain
name to be renewed). In this case, if you fail to manually implement
the renewal in a timely fashion the domain name will be cancelled and
You will no longer have use of that name. You agree that Vilords
Technologies will not be responsible for cancelled domain names that
You fail to renew, either automatically or manually.
2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as
long as you have any domain name registered through Vilords
Technologies. You agree that you will not transfer any domain name
registered through Vilords Technologies to another domain name
registrar during the first sixty (60) days from its initial
registration date.
You agree that Vilords Technologies may modify this agreement from
time to time. Vilords Technologies may also discontinue services it
provides under this agreement. You agree to be bound by any changes
Vilords Technologies may reasonably make to this agreement when such
changes become effective. Should you elect to cancel your agreement
with Vilords Technologies you will not receive a refund for any fees
you may have paid to Vilords Technologies.
You agree that Vilords Technologies shall not be bound by any
representations made by third parties who you may use to purchase
services from Vilords Technologies, and that any statements of a
general nature, which may be posted on Vilords Technologies web site
or be contained in Vilords Technologies promotional materials, will
not bind Vilords Technologies.
3. UP TO DATE INFORMATION; USE OF INFORMATION
You agree to notify Vilords Technologies within 5 business days when
any of the information you provided as part of the application and/or
registration process changes. It is your responsibility to keep this
information in a current and accurate status. Failure by you, for
whatever reason, to provide Vilords Technologies with accurate and
reliable information on an initial and continual basis, shall be
considered to be a material breach of this agreement. Failure by you,
for whatever reason, to respond within five (5) business days to any
inquiries made by Vilords Technologies to determine the validity of
information provided by you, shall also be considered to be a material
breach of this agreement.
You agree that for each domain name registered by you the following
information will be made publicly available in the Whois directory as
determined by ICANN Policy and may be sold in bulk as set forth in the
ICANN agreement:
- The domain name
- Your name and postal address
- The email address, postal address, voice and fax numbers for technical
and
administrative contacts
- The Internet protocol numbers for the primary and secondary name servers
- The corresponding names of the name servers
- The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, Vilords Technologies
may make use of the publicly available information you provided during
the registration process.
If you engage in the reselling of domain names you agree to provide
any individuals whose personal information you've obtained,
information about the possible uses of their personal information
pursuant to ICANN policy. You also agree to obtain consent, and
evidence of consent, from those individuals for such use of the
personal information they provide.
4. DISPUTE RESOLUTION POLICY
You agree to be bound by our current Dispute Resolution Policy. This
policy is incorporated herein and made a part of this agreement. Our
current dispute policy can be found on our web site at:
http://www.vilords.net/domdisppolicy.html
You agree that Vilords Technologies may from time to time modify its
Dispute Resolution Policy. Vilords Technologies will post any changes
to its Dispute Resolution Policy at least 30 days before they become
effective. You agree that by maintaining your domain name
registrations with Vilords Technologies after the updated policy
becomes effective that you agree to the Dispute Resolution policy as
amended. You agree to review Vilords Technologies web site
periodically to determine if changes have been made to the Dispute
Resolution Policy. If you cancel your agreement with Vilords
Technologies as a result of the modified Dispute Resolution policy no
fees will be refunded to you.
You agree that if a dispute arises as a result of one or more domain
names you have registered using Vilords Technologies, you will
indemnify, defend and hold Vilords Technologies harmless as provided
for in this agreement. You also agree that if Vilords Technologies is
notified that a complaint has been filed with a governmental,
administrative or judicial body, regarding a domain name registered by
you using Vilords Technologies, that Vilords Technologies, in its sole
discretion, may take whatever action Vilords Technologies deems
necessary regarding further modification, assignment of and/or control
of the domain name deemed necessary to comply with the actions or
requirements of the governmental, administrative or judicial body
until such time as the dispute is settled. In this event you agree to
hold Vilords Technologies harmless for any action taken by Vilords
Technologies.
5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES
If you transfer any domain name you agree to provide the information
required by, and to abide by, the procedures and conditions set forth
in our Domain Transfer Agreement. You may view the current version of
our Domain Transfer Agreement at:
http://www.vilords.net/domtranspolicy.html
You agree to inform any customer of yours, who may be acquiring a
domain name through you using Vilords Technologies registration
services, that they are in fact registering their domain name through
Vilords Technologies and that Vilords Technologies is an accredited
registrar with ICANN. You agree not to represent that you are an ICANN
accredited registrar or that you are in any way providing superior
access to the ICANN Domain Name Registry. You also agree not to use
the ICANN trademark logo in any of your promotional materials
including your web site.
You agree to obtain each of your customers' acceptances of Vilords
Technologies then current Domain Registration Agreement, and to retain
evidence of their acceptance for a period of not less than three (3)
years. Should you require that your customer's accept additional terms
and conditions that are not required by Vilords Technologies, you
agree that such additional terms and conditions shall not conflict
with Vilords Technologies Domain Registration Agreement and the
policies and business procedures adopted by ICANN.
You agree that Vilords Technologies is not lending You access to its
registrar connections or its registry access, nor will You be deemed
to be a registrar in Your own right. Furthermore, You agree You will
not attempt to gain access to Vilords Technologies registrar
connections or registry access. You agree to provide complete,
accurate and current data for each registrant to be added to a
registry in accordance with ICANN requirements for inclusion in the
Whois database.
You agree to provide your customers with adequate customer support,
and to maintain contact with them with regard to providing a medium
for them to communicate changes in the information they provided as
part of the domain name registration process. Upon receiving corrected
or updated information you will, within 5 business days, provide such
information to Vilords Technologies so Vilords Technologies may update
its registration records. You will retain copies of all communications
between you and your customers and will upon request provide Vilords
Technologies copies of same.
6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT
You agree that, in addition to other events set forth in this
agreement, your ability to use any of the services provided by Vilords
Technologies is subject to cancellation or suspension in the event
there is an unresolved breach of this agreement and/or suspension or
cancellation is required by any policy now in effect or adopted later
by ICANN.
You agree that your failure to comply completely with the terms and
conditions of this agreement and any Vilords Technologies rule or
policy may be considered by Vilords Technologies to be a material
breach of this agreement and that Vilords Technologies may provide you
with notice of such breach either in writing or electronically (i.e.
email). In the event you do not provide Vilords Technologies with
material evidence that you have not breached your obligations to
Vilords Technologies within ten (10) business days, Vilords
Technologies may terminate its relationship with you and take any
remedial action available to Vilords Technologies under the applicable
laws. Such remedial action may be implemented without notice to you
and may include, but is not limited to, canceling the registration of
any of your domain names and discontinuing any services provided by
Vilords Technologies to you. No fees will be refunded to you should
your agreement be cancelled or services be discontinued because of a
breach. Vilords Technologies failure to act upon or notify you of any
event, which may constitute a breach, shall not relieve you from or
excuse you of the fact that you have committed a breach.
7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL
You agree not to use the services provided by Vilords Technologies, or
to allow or enable others, to use the services provided by Vilords
Technologies for the purposes of:
The transmission of unsolicited email (SPAM)
Repetitive, high volume inquires into any of the services provided by
Vilords Technologies (i.e. domain name availability, etc.).
You agree that Vilords Technologies, in its sole discretion and
without liability to you, may refuse to accept the registration of any
domain name. Vilords Technologies also may in its sole discretion and
without liability to you delete the registration of any domain name
during the first thirty (30) days after registration has taken place.
Vilords Technologies may also cancel the registration of a domain
name, after thirty (30) days, if that name is being used in
association with spam or morally objectionable activities. Morally
objectionable activities will include, but not be limited to:
activities designed to defame, embarrass, harm, abuse, threaten,
slander or harass third parties; activities prohibited by the laws of
the United States and/or foreign territories in which You conduct
business; activities designed to encourage unlawful behavior by
others, such as hate crimes, terrorism and child pornography;
activities that are tortious, vulgar, obscene, invasive of the privacy
of a third party, racially, ethnically, or otherwise objectionable;
activities designed to impersonate the identity of a third party; and
activities designed to harm minors in any way. In the event Vilords
Technologies refuses a registration or deletes an existing
registration during the first thirty (30) days after registration, you
will receive a refund of any fees paid to Vilords Technologies in
connection with the registration either being canceled or refused. In
the event Vilords Technologies deletes the registration of a domain
name being used in association with spam or morally objectionable
activities, no refund will be issued.
8. LIMITATION OF LIABILITY
You agree that Vilords Technologies entire liability to you under this
agreement, and your only remedy, in connection with any service
provided by Vilords Technologies to you under this agreement, and for
any breach of this agreement by Vilords Technologies, shall be limited
to the fees you paid to Vilords Technologies for the particular
service in contention.
Vilords Technologies AND ITS AGENTS AND CONTRACTORS SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF Vilords
Technologies SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE
SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF
ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, Vilords
Technologies LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT
PERMITTED BY LAW.
Vilords Technologies DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
- access delays or interruptions to our web site or
domain name registration system
- data non-delivery or misdelivery between you and Vilords
Technologies
- events beyond our control (i.e. acts of God)
- the loss of registration or processing of a domain name
or the use of a domain name
- the failure for whatever reason to renew a domain name
registration
- the unauthorized use of your account with Vilords
Technologies or any of the services provided to you by Vilords
Technologies
- errors, omissions or misstatements
- deletion of, failure to store, or failure to process or act
upon email messages
- processing of updated information to your registration
record
- development or interruption of your web site
- errors taking place with regard to the processing of your
application
- application of Vilords Technologies Dispute Resolution
Policy
- any act or omission caused by you or your agent
(whether authorized by you or not)
9. INDEMNITY
You agree to release, defend, indemnify and hold harmless Vilords
Technologies and its contractors, agents, employees, offices,
directors, shareholders and affiliates from and against any losses,
damages or costs, including reasonable attorney's fees, resulting from
any claim, action, proceeding suit or demand arising out of or related
to your (including your agents, affiliates or anyone using your
account with Vilords Technologies whether or not on your behalf, and
whether or not with your permission) use of the services provided by
Vilords Technologies. Should Vilords Technologies be notified of a
pending law suit, or receive notice of the filing of a law suit,
Vilords Technologies may seek a written confirmation from you
concerning your obligation to indemnify Vilords Technologies. Your
failure to provide such a confirmation may be considered a breach of
this agreement.
10. REPRESENTATIONS AND WARRANTIES
You warrant that all information provided by you as part of the
registration process is complete and accurate. You also warrant that
each registration you make is being done so in good faith and that you
have no knowledge of it infringing upon or conflicting with the legal
rights of a third party or a third party's registration, trademark or
trade name. You also warrant that the domain name being registered
will not be used in connection with any illegal activity.
You agree that Vilords Technologies makes no representations or
warranties or any kind in connection with this agreement and
specifically makes no guaranty to you against the possibility of
objection to, or challenge of, the registration or use of any domain
name you register with Vilords Technologies.
Vilords Technologies expressly reserves the right to deny, cancel or
transfer any registration that it deems necessary, in its discretion,
to protect the integrity and stability of the registry, to comply with
any applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process, or to
avoid any liability, civil or criminal, on the part of Vilords
Technologies, as well as its affiliates, subsidiaries, officers,
directors and employees. Vilords Technologies also reserves the right
to freeze a domain name during resolution of a dispute.
11. DISCLAIMER OF WARRANTIES.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE
DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR
RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12. SEVERABILITY; ENTIRETY
You agree that the terms of this agreement are severable. If any part
of this agreement is determined to be unenforceable or invalid, that
part of the agreement will be interpreted in accordance with
applicable law as closely as possible, in line with the original
intention of both parties of the agreement. The remaining terms and
conditions of the agreement will remain in full force and effect.
You agree that this agreement including the policies it refers to
(i.e. our Dispute Resolution Policy, etc.) constitute the complete and
only agreement between you and Vilords Technologies regarding the
services contemplated herein.
13. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF ARIZONA.
EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED
WITH Vilords Technologies, THE LAWS AND JUDICIAL DECISIONS OF MARICOPA
COUNTY, ARIZONA, SHALL BE USED TO DETERMINE THE VALIDITY,
CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU
AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT,
SHALL BE BROUGHT IN THE COURTS OF MARICOPA COUNTY, ARIZONA.
FOR THE ADJUDICATION OF DISPUTES CONCERNING THE USE OF ANY DOMAIN NAME
REGISTERED WITH Vilords Technologies, YOU AGREE TO SUBMIT FOR
JURISDICTION AND VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF
ARIZONA LOCATED IN PHOENIX, ARIZONA.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT
TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
14. NOTICES
You agree that all notices (except for notices concerning breach of
this agreement) from Vilords Technologies to you may be posted on our
web site and will be deemed delivered within thirty (30) days after
posting. Notices concerning breach will be sent either to the email
address you have on file with Vilords Technologies or mailed first
class postage to the postal address you have on file with Vilords
Technologies. In both cases, delivery shall be deemed to have been
made five (5) days after the date sent.
Notices from you to Vilords Technologies shall be made either by
email, sent to the address we provide on our web site, or first class
mail to our address at:
Vilords Technologies
Domain Transfers
Suit # 6, Classic View,
Block 19, Gulistan-e-Jauhar,
Karachi - Pakistan
Delivery shall be deemed to have been made by you to Vilords
Technologies five (5) days after the date sent.
15. PROVISIONS SPECIFIC TO .COM, .NET, .ORG, and .CC REGISTRATIONS
Indemnification. You agree to indemnify, defend and hold harmless
VeriSign, Inc. and its directors, officers, employees, agents, and
affiliates from and against any and all claims, damages, liabilities,
costs and expenses, including reasonable legal fees and expenses
arising out of or relating to the Registered Name holder's domain name
registration.
16. PROVISIONS SPECIFIC TO .WS (WebSite) REGISTRATIONS
Indemnification. You agree to indemnify, defend and hold harmless
Global Domains International, Inc., and its directors, officers,
employees, agents, and affiliates from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable legal
fees and expenses arising out of or relating to the Registered Name
holder's domain name registration.
17. ADDITIONAL REQUIREMENTS FOR .INFO REGISTRANTS If you are registering a .info domain name you also agree to:
- consent to the use, copying, distribution, publication, modification
and other processing of Registered Name Holder's Personal Data by the
.info Registry Operator and its designees and agents;
- submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution
Policy ("SDRP");
- immediately correct and update the registration information for
the Registered Name during the registration term for the Registered
Name; and
- acknowledge that the Registry Operator 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 Name during these periods, and (b)
the results of any dispute over a Sunrise Registration.
18. ADDITIONAL REQUIREMENTS FOR .BIZ REGISTRANTS
If you are registering a .biz domain name you also agree to:
BIZ RESTRICTIONS
Registrations in the .biz TLD must be used or intended to be used
primarily for bona fide business or commercial purposes. For purposes
of the .biz Registration Restrictions (“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:
(a) To exchange goods, services, or property of any kind;
(b) In the ordinary course of trade or business; or
(c) To facilitate
(i) the exchange of goods, services, information, or property of any
kind; or,
(ii) the ordinary course of trade or business.
Registering a domain name 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 shall not constitute a "bona fide business or
commercial use" of that domain name.
BIZ CERTIFICATION
As a .biz domain name registrant, you hereby certify to the best of
your knowledge that:
(a) The registered domain name will be used primarily for bona fide
business or commercial purposes and not
(i) exclusively for personal use; or
(ii) 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. For more information on the .biz restrictions, which
are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
(b) The domain name registrant has the authority to enter into the
registration agreement; and
(c) The registered domain name is reasonably related to the
registrant's business or intended commercial purpose at the time of
registration.
RESERVATION OF RIGHTS
Vilords Technologies Domains, Inc. and the .biz Registry Operator,
NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer
any registration that it deems necessary, in its discretion, to
protect the integrity and stability of the registry, to comply with
any applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process, or to
avoid any liability, civil or criminal, on the part of Vilords
Technologies Domains, Inc. and/or NeuLevel, Inc., as well as their
affiliates, subsidiaries, officers, directors and employees. Vilords
Technologies Domains, Inc. and NeuLevel, Inc. also reserve the right
to freeze a domain name during resolution of a dispute.
19. PROVISIONS SPECIFIC TO .US REGISTRATIONS
You, the Registrant, shall indemnify and hold harmless NeuStar, the
.US Registry, and its directors, officers, employees, representatives,
agents, affiliates, and stockholders from and against any and all
claims, suits, actions, other proceedings, damages, liabilities, costs
and expenses of any kind, including without limitation reasonable
legal fees and expenses, arising out of or relating to the
Registrant’s (i) .US domain name registration and (ii) use of any .US
registered domain name.
The Registrant certifies that it meets the following Nexus
Requirements to qualify to register to use a .US domain name.
A. Registrants must be either:
1. A natural person (i) who is a United States citizen, (ii) who is a
permanent resident of the United States of America or any of its
possessions or territories, or (ii) whose primary place of domicile is
in the United States of America or any of its possessions, or;
2. An entity or organization that is (i) incorporated within one of
the fifty (50) U.S. states, the district of Columbia, or any of the
United States possessions or territories or (ii) organized or
otherwise constituted under the laws of a state of the United States
of America, the District of Columbia or any of its possessions
(including a federal, state, orlocal government of the United States,
or a political subdivision thereof, and non-commercial organizations
based in the United States), or;
3. A foreign entity or organization that has a bona fide presence in
the United States of America or any of its possession or territories
that also (i) regularly engages in lawful activities (sales of goods
or services or other business, commercial or non-commercial including
not-for-profit activities) in the Unites States, or (ii) maintains an
office or other property within the United States.
B. The name servers listed for all .US domain names must be based
within the United States of America or any of its possessions or
territories.
Registrant further certifies that Vilords Technologies Domains, Inc.
has requested specific information regarding how the Registrant meets
the Nexus requirement and that Registrant has willing volunteered such
information. Registrant understands and agrees that such information
will be verified and will be shared with the .US Registry.
Registrant understands and agrees that if such information cannot be
verified, or if Registrant fails to continue to abide by the Nexus
Requirements, the registered domain name shall be subject to immediate
cancellation.
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