Terms
+ Conditions
Application and Registration
Agreement for Assignment of Second Level Domain Name in a Top Level Domain
By submitting the application
form, you acknowledge that you have read and agree to the following Registration
Agreement as well as the Domain Name Dispute Policy, both of which are
part of the application.
REGISTRATION AGREEMENT
This Registration Agreement
("Agreement") sets forth the terms and conditions of your use of Europe Domains
LLC to register a domain name on the Internet. To complete the registration process,
you must read and agree to be bound by all terms and conditions of this Agreement,
the accompanying fee schedule and dispute policy, and any rules or policies
that are or may be published by Europe Domains LLC. This Agreement will become
effective if accepted by Europe Domains LLC. Europe Domains LLC is an accredited
registrar with the Internet Corporation for Assigned Names and Numbers
("ICANN") under an agreement between Europe Domains LLC and ICANN ("ICANN Agreement").
You acknowledge that Europe Domains LLC may modify this Agreement if necessary
to comply with its ICANN Agreement, or otherwise.
1. Fees
As consideration for the
domain name registration services provided by Europe Domains LLC, you agree
to pay Europe Domains LLC`s current initial registration fees and renewal fees
according to the Europe Domains LLC fee schedule which is incorporated into
this Agreement by reference. The Europe Domains LLC fee schedule can be found
at http://www.europedomainsllc.com/service/domainprice_us.html
Payments must be made by credit card as specified on the Europe Domains LLC
application form. Your domain name will not be registered unless and until
Europe Domains LLC has received appropriate authorization from your credit card
company. In case of a declined card or a chargeback, the domain name is
subject to deletion without further notification.
We will try to contact you
by email (sent to listed admin/billing contact email of the domain name)
when renewals are due. It is your responsibility to keep the listed email
information for the contacts of your domain updated. You understand and
agree that Europe Domains LLC does not attempt to contact you in any other way
than by email, and/or does not verify that your email service was available.
It shall be your responsibility to check when your domain expires and to
ensure that renewal fees are paid prior to the expiration of the domain
name. You may check for the expiration date of your domain name at
whois
under "Domain expires:[date]. Should renewal fees go unpaid by the listed
expiration date, your registration is subject to immediate cancellation/deletion
within 48 hours after expiration. You understand and agree that Europe Domains
LLC shall have no liability whatsoever with respect to any such cancellation/deletion.
If at anytime fees or other
charges payable to the applicable registry or to any other regulatory body
for a domain name registered by Europe Domains LLC on your behalf, shall increase,
or any additional fee, tax or charge shall become due and payable to any
third party related to a domain name registered by Europe Domains LLC on your
behalf, fees payable by you to Europe Domains LLC under this Agreement will
increase by such amount. All registrations are non-cancellable and non-refundable.
During the first sixty days after initial registration it is not possible
to transfer the domain to a different registrar.
2. Dispute Policy
You agree to be bound by
the current ICANN Domain Name Dispute Policy ("Dispute Policy")
which is incorporated into this Agreement by reference. The Dispute Policy
can be found at
http://www.icann.org/udrp/udrp.htm.
Any disputes regarding the right to use your domain name will be subject
to the Dispute Policy and you agree to submit to proceedings commenced
under the Dispute Policy. ICANN may modify the Dispute Policy in its sole
discretion at any time. Your continued registration of your domain name
after modification to the Dispute Policy becomes effective constitutes
your acceptance of those modifications. If you do not agree to such a modification,
you may request that your domain name be deleted.
You agree that you will be
subject to the provisions specified i the Dispute Policy in effect
at the time your domain name is challenged by a third party. You also agree
that in the event a domain name dispute arises with any third party, you
will indemnify and hold Europe Domains LLC harmless pursuant to the terms and
conditions contained in the Dispute Policy.
3. Personal Data
As part of the registration
process, you are required to provide certain information and
to immediately update this information to keep it current, complete and
accurate. This information includes (i) your full name, postal address,
e-mail address, voice telephone number, and fax number if available; (ii)
the name of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation; (iii)
the IP addresses of the primary nameserver and any secondary nameservers
for the domain name; (iv) the corresponding names of those nameservers;
(v) the full name, postal address, e-mail address, voice telephone number,
and fax number if available of the technical contact for the domain name;
(vi) the full name, postal address, e-mail address, voice telephone number,
and fax number if available of the administrative contact for the domain
name; (vii) the name, postal address, e-mail address, voice telephone number,
and fax number if available of the zone contact for the domain name; and
(viii) any remark concerning the registered domain name that should appear
in the Whois data.
You acknowledge that willfully
providing inaccurate information or willfully failing to update
information promptly will constitute a material breach of this Agreement
and will be a basis for cancellation of your domain name. If you
license use of a domain name to a third party, you are nonetheless the
holder of record of the domain name and are responsible for providing your
own full contact information and for providing and updating accurate technical,
administrative, and zone contact information.
You acknowledge that Europe Domains LLC
will make some of the information that you provide during the registration
process publicly available as required by ICANN and/or the Registries.
Additionally, you acknowledge that ICANN and/or the Registries may impose
guidelines, limits and/or requirements that relate to the amount and type
of information that Europe Domains LLC may or must make available to the public
or to private entities. You consent to the use, copying, distribution,
publication, modification and other processing of your personal data by
the Registry Operator and its designees and agents. Europe Domains LLC will
not otherwise disclose your information to any third party unless it is
required to maintain your domain name. You may request a copy of your information
in Europe Domains LLC's possession to review, modify or update such information.
4. Use Policies
Europe Domains LLC reserves
the right to suspend or cancel your domain name in the event that you
use the domain name to send unsolicited commercial advertisements in contradiction
to either applicable laws or customary acceptable
usage policies of the Internet, or if you use your domain name
in connection with unlawful activity.
5. Agents and Licenses
You agree that, if your
domain name is registered on your behalf by anyone acting as your
agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless
bound as a principal by all terms and conditions provided herein, including
the Dispute Policy.
You agree that if you license
the use of your domain name to a third party, you remain the domain name
holder, and remain responsible for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT Europe Domains LLC
WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR
DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR
DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO Europe Domains LLC
`S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN
YOU AND Europe Domains LLC; (e) EVENTS BEYOND Europe Domains LLC `S REASONABLE
CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY
MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h)
THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE
APPLICATION OF THE DISPUTE POLICY. FURTHER, Europe Domains LLC WILL NOT
BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Europe Domains
LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL Europe Domains LLC `S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY
YOU TO Europe Domains LLC FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR
3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED
BY LAW.
7. Indemnity
You agree to defend, indemnify
and hold harmless Europe Domains LLC and any applicable domain name registry,
including VeriSign Inc, Afilias Limited, NeuLevel Inc., Public Interest Registry,
and the directors, officers, employees and agents of each of them,
from and against any and all claims, damages, liabilities, costs and expenses,
including reasonable legal and attorneys' fees, resulting from any third
party claim, action, or demand related to your domain name or the use thereof.
This indemnification is in addition to any indemnification required under
the Dispute Policy.
You further agree that this
indemnification obligation shall survive the termination or expiration
of this Registration Agreement.
8. Representations and Warranties
You represent and warrant
that all information provided by you in connection with your registration
is complete and accurate. Europe Domains LLC makes no representation or warranties
of any kind in connection with this Agreement. Europe Domains LLC does not
represent or warrant that registration of your domain name will immunize you
from challenges to your domain name.
9. Breach and Revocation
Any breach by you of this
Agreement or the Dispute Policy must be remedied by you within 30
days of notice by Europe Domains LLC. If you fail to cure the breach,
Europe Domains LLC may revoke your registration of the domain name.
You also agree that Europe Domains LLC
shall have the right in its sole discretion to revoke, suspend,
transfer or otherwise modify a domain name registration upon seven (7)
calendar days prior written notice, or at such time as Europe Domains LLC
receives a properly authenticated order from a court of competent jurisdiction,
or arbitration award, re-querying the revocation, suspension, transfer
or modification of the domain name registration.
10. Governing Law
This Agreement, your rights
and obligations and all actions contemplated by this Agreement
shall be governed by the laws of the United States, as if
the Agreement was a contract wholly entered into and wholly performed within
the United States. Any action to enforce this Agreement or any
matter relating to your use of the Europe Domains LLC site shall
be brought exclusively in the courts of the United States located
in Hawaii.
11. General
This Agreement, the Europe Domains LLC
fee schedule and the Dispute Policy, together with all amendments or modifications
to any of them, constitute the complete and exclusive agreement between
you and Europe Domains LLC, and supersede and govern all prior proposals,
agreements, or other communications.
Nothing contained in this
Policy shall be construed as creating any agency, partner-ship,
or other form of joint enterprise between the parties. The failure of Europe
Domains LLC to require your performance of any provision hereof shall not affect
the full right to require such performance at any time thereafter; nor shall
the waiver by Europe Domains LLC of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the event that any provision
of this Agreement shall be unenforceable or invalid under any applicable
law or be so held by applicable court decision, such unenforceability or
invalidity shall not render this Agreement unenforceable or invalid as
a whole. Europe Domains LLC will amend or replace such provision with one that
is valid and enforceable and which achieves, to the extent possible, the
original objectives and intent of Europe Domains LLC as reflected in the original
provision. No provision of this Agreement, including the Europe Domains LLC
fee schedule and the Dispute Policy, may be amended or modified
by you except by means of a written document signed by Europe Domains LLC.
Addendum: Reservation
of Rights
Europe Domains LLC and/or any
applicable domain name Registry, including VeriSign Inc, Afilias Limited,
NeuLevel Inc., Public Interest Registry, 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 respective Registry, to comply with
any applicable laws, government rules or requirements, request of law enforcement,
in compliance with any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of Europe Domains LLC and/or the applicable domain
name Registry, including VeriSign Inc, Afilias Limited, NeuLevel Inc., Public Interest
Registry, as well as their affiliates, subsidiaries, officers, directors and employees.
Europe Domains LLC and/or any applicable domain name Registry, including VeriSign
Inc, Afilias Limited, NeuLevel Inc., Public Interest Registry, also reserve the right
to freeze a domain name during resolution of a dispute.
Registration Service: Europe Domains LLC
USA, 2006, 2007
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