Ascendancy Media LTD Terms Of Service
Ascendancy Media LTD, (hereinafter "Ascendancy Media LTD")
is affiliated with an accredited registrar by the Internet Corporation
for Assigned Names and Numbers ("ICANN"). 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 Ascendancy Media LTD,
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 Ascendancy Media
LTD and "Registrant", "you", "your",
or "Customer" shall refer to the person or entity that
is using Ascendancy Media LTD 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 Ascendancy Media LTD’s income) related to Ascendancy Media LTD’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. 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.
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 Ascendancy Media LTD 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 Ascendancy Media LTD, that Ascendancy Media LTD shall
be deemed the entity that paid the registration, renewal, or transfer
fee, and that Ascendancy Media LTD shall have all rights regarding
such domain name including, but not limited to, the right to sell
the domain name to a third party. Ascendancy Media LTD 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
Ascendancy Media LTD 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
Ascendancy Media LTD 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 Ascendancy Media LTD for inclusion in databases
produced and used by Ascendancy Media LTD.
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, Ascendancy Media LTD 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=927d85d6ac050537effb1997506a3e1f&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 Ascendancy Media
LTD is authorized to alter or amend the terms and conditions of
this Agreement.
Your continued use of Ascendancy Media LTD as your domain name registrar
or the use of any of Ascendancy Media LTD'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 Ascendancy Media LTD. 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 Ascendancy Media LTD 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 less than thirty (30) days remaining
in 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 Ascendancy Media LTD from
all of its obligations under this Agreement, and release Ascendancy Media LTD from any and all liabilities, demands, and claims related
to such a transfer of domain name ownership. (Click here to request
an ownership change).
8. MANAGE YOUR DOMAIN NAME REGISTRATION INFORMATION
If you have registered a domain name with Ascendancy Media LTD or
transferred a domain name to Ascendancy Media LTD, 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 Ascendancy Media LTD 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 Ascendancy Media LTD 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 Ascendancy Media LTD 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 Ascendancy Media LTD 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, Ascendancy Media LTD 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 Ascendancy Media LTD HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES RESULTING FROM THE USE OR INABILITY
TO USE ANY OF Ascendancy Media LTD'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 Ascendancy Media LTD'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 Ascendancy Media LTD'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, Ascendancy Media LTD 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 Ascendancy Media LTD 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 Ascendancy Media LTD 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 Ascendancy Media LTD, 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 Ascendancy Media LTD'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.
You agree to periodically review our Web site to be aware of any
such modifications. No employee, contractor, agent or representative
of Ascendancy Media LTD is authorized to alter or amend the terms
and conditions of this Agreement. Your continued use of Ascendancy Media LTD as your domain name registrar or the use of any of Ascendancy Media LTD'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. 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
Ascendancy Media LTD correcting a mistake made by us in registering
your chosen domain name, we will refund, in whole, any fees paid
by you to Ascendancy Media LTD.
You also agree that Ascendancy Media LTD 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 Ascendancy Media
LTD 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.
Ascendancy Media LTD 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
Ascendancy Media LTD 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 Ascendancy Media LTD 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 Ascendancy Media LTD. The remedies of Ascendancy Media LTD 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 Ascendancy Media LTD 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.
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